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VBB-0010 - In the Matter of David D. Powell, Jr.

This letter concerns the complaint of reprisal submitted by Dr. Jagdish Laul to the Department of Energy under 10 C.F.R. Part 708. You have filed a petition for Secretarial review of the appeal decision issued in that case on March 9, 2001. You submitte~ a Statement of Issues to be reviewed (Statement) on June 11, 2001. On July 10, 2001, Ms. Alene Anderson submitted a Response to your Statement on behalf of Dr. Laul. The Part 708 regulations applicable to the petition provide that the Secretary will reverse or revise an appeal decision by the Director of the Office of Hearings and Appeals only under extraordinary circumstances. 10 C.F.R. § 708.35(d). As discusoed below, you have not shown that extraordinary circumstances warranting Secretarial review exist in this case.