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Whistleblower Cases

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March 10, 2009
TBA-0047 - In the Matter of Battelle Energy Alliance

Dennis D. Patterson filed a complaint of retaliation under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Patterson alleged that he engaged in protected activity and that his employer, Battelle Energy Alliance (BEA), engaged in a series of retaliatory acts. An Office of Hearings and Appeals (OHA) Hearing Officer granted relief, Dennis D. Patterson, Case No. TBH-0047 (2008),1 and BEA filed the instant appeal. As discussed below, the appeal is denied.

February 12, 2009
TBH-0072 - In the Matter of Dean P. Dennis

This Initial Agency Decision concerns a whistleblower complaint (the “Complaint”) filed by Dean P. Dennis (Mr. Dennis or the “Complainant”) against his former employer, National Security Technologies, LLC (hereinafter referred to as “NSTec”), under the Department of Energy’s (DOE) Contractor Employee Protection Program regulations set forth at 10 C.F.R. Part 708. At all times relevant to this proceeding, NSTec managed and operated the Nevada Test Site and other satellite facilities for the DOE’s National Nuclear Security Administration’s (NNSA) 1 Nevada Site Office. Mr.

January 26, 2009
TBU-0084 - In the Matter of Clarrisa V. Alvarez

Clarissa Alvarez, an employee of NetGain Corporation (NetGain) in Albuquerque, New Mexico, appeals the dismissal of her whistleblower complaint (the Complaint) filed under 10 C.F.R. Part 708, the DOE Contractor Employee Protection Program. On December 1, 2008, the Whistleblower Program Manager at the DOE’s National Nuclear Security Administration Service Center, Albuquerque, New Mexico (NNSA/Albuquerque) dismissed the Complaint. As explained below, dismissal of the Complaint is reversed, and the matter is remanded to NNSA/Albuquerque for further processing.

December 18, 2008
TBA-0066 - In the Matter of David L. Moses

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on September 3, 2008, involving a Complaint of Retaliation filed by David L. Moses (also referred to as the employee or the complainant) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708.1 In his Complaint, Moses alleged that his former employer, UT-Battelle, L.L.C. (UT-Battelle or the contractor), retaliated against him for engaging in activity protected under Part 708.

December 9, 2008
TBH-0075 - In the Matter of Richard L. Rieckenberg

This Initial Agency Decision involves two whistleblower complaints, one filed by Jonathan K. Strausbaugh (Case No. TBH-0073) and the other filed by Richard L. Rieckenberg (Case No. TBH-0075) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Both complainants were employees of KSL Services, Inc. (“KSL” or “the contractor”), a contractor providing technical services on the site of the DOE Los Alamos National Laboratory (LANL) in Los Alamos, New Mexico, where they were employed until June 14, 2007. In their respective complaints, Mr.

December 8, 2008
TBB-0079 - In the Matter of Donald E. Searle

This letter concerns your complaint of retaliation filed with the Department of Energy (DOE) under 10 C.F.R. Part 708. On September 8, 2008, the Office ofHearings and Appeals (OHA) received your petition for Secretarial review ofthe July 25, 2008, Appeal Decision issued by the Director of OHA.

October 6, 2008
TBU-0082 - In the Matter of Thomas L. Townsend

Thomas L. Townsend (Townsend) appeals the dismissal of his complaint of retaliation and request for investigation filed under 10 C.F.R. Part 7081 by the Oak Ridge Operations Office (OR) of the Department of Energy (DOE). As explained below, the dismissal of the complaint should be upheld

September 18, 2008
TBU-0081 - In the Matter of Leslie D. Cumiford

Leslie D. Cumiford (“the Complainant”), appeals the dismissal of her complaint of retaliation filed under 10 C.F.R. Part 708, the Department of Energy (“DOE”) Contractor Employee Protection Program. The complaint was filed on October 10, 2006, and was dismissed on August 12, 2008. As explained below, the dismissal of the complaint should be affirmed, and the appeal denied.

September 3, 2008
TBH-0066 - In the Matter of David L. Moses

This Initial Agency Decision involves a whistleblower complaint filed by Dr. David L. Moses (“Moses” or “the complainant”) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. The complainant was an employee of UT-Battelle, LLC, the firm employed by DOE to manage and operate the Oak Ridge National Laboratory (ORNL), where he was employed as a Senior Program Manager for ORNL’s Nuclear Nonproliferation Program until May 2007. On February 23, 2007, he filed a complaint of retaliation against UT-Battelle with the DOE Office of Employee Concerns.

July 25, 2008
TBU-0079 - In the Matter of Donald E. Searle

Donald E. Searle (Searle or the complainant) appeals the dismissal of his complaint of retaliation and request for investigation filed under 10 C.F.R. Part 708, the Department of Energy (DOE) Contractor Employee Protection Program. As explained below, the dismissal of the complaint should be affirmed.