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VBR-0002 - In the Matter of Westinghouse Savannah River Company

This supplemental order concerns a Motion for Reconsideration (Case No. VBR-0002) filed by Westinghouse Savannah River Company (WSRC) on November 12, 1999. The reconsideration motion relates to an Initial Agency Decision issued by the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) on November 2, 1999 (Case No. VBH-0002). In the Initial Agency Decision, I granted relief to the Complainant on the whistleblower complaint he had filed against WSRC under 10 C.F.R. Part 708.(1) I found that WSRC had failed to prove by “clear and convincing” evidence that it would have terminated the Complainant absent his protected disclosure. In its reconsideration motion, WSRC contends that met its evidentiary burden in this case, and urges me to deny the relief to the Complainant.