This decision will consider a Motion to Dismiss Fluor Daniel Fernald (FDF) filed on September 7, 1999. FDF moves to dismiss a Complaint filed by Thomas W. Dwyer under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Mr. Dwyer's Complaint has been assigned Office of Hearings and Appeals (OHA) Case No. VBH-0005.