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December 3, 2009
TBA-0080 - In the Matter of Billy Joe Baptist

This Decision considers an Appeal of an Initial Agency Decision (IAD) issued on May 7, 2009, involving a complaint of retaliation filed by Billy Joe Baptist (“Baptist,” or “Complainant”) under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. In his complaint, Baptist alleged that his former employer CH2M-WG Idaho (CWI) retaliated against him for engaging in activity protected under Part 708.

July 22, 2009
TBA-0072 - In the Matter of Dean P. Dennis

Dean D. Dennis filed a complaint of retaliation under the Department of Energy (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. Mr. Dennis alleged that he engaged in protected activity and that his employer, National Security Technologies, LLC (NSTec ), subsequently terminated him. An Office of Hearings and Appeals (OHA) Hearing Officer denied relief in Dean P. Dennis, Case No. TBH-0072, 1 and Mr. Dennis filed the instant appeal. As discussed below, the appeal is denied.

May 7, 2009
TBZ-0080 - In the Matter of Billy Joe Baptist

This decision will consider an Order to Show Cause that I issued on February 3, 2009, regarding a March 6, 2008, whistleblower complaint filed by Billy Joe Baptist (Baptist) under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708, against his employer, CH2M-WG Idaho, LLC (CWI). I will also consider in this decision as a Motion for Summary Judgment that CWI filed on February 18, 2009 regarding this complaint.

May 7, 2009
TBH-0080 - In the Matter of Billy Joe Baptist

This decision will consider an Order to Show Cause that I issued on February 3, 2009, regarding a March 6, 2008, whistleblower complaint filed by Billy Joe Baptist (Baptist) under the Department of Energy's (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708, against his employer, CH2M-WG Idaho, LLC (CWI). I will also consider in this decision as a Motion for Summary Judgment that CWI filed on February 18, 2009 regarding this complaint.

March 26, 2009
TBZ-0083 - In the Matter of James J. Myers

This Decision will consider a Motion for Summary Judgment which relates to a pending complaint filed by Mr. James J. Myers (hereinafter referred to as “Mr. Myers” or “the Complainant”) on August 11, 2008, against his former employer, ENVIRO AgScience (hereinafter referred to as “EAS”), a subcontractor at the Department of Energy’s (DOE) Savannah River Site in Aiken, South Carolina, under the DOE’s Contractor Employee Protection Program regulations found at 10 C.F.R. Part 708. See Report of Investigation, OHA Case No. TBI-0083 (2009). 1/ EAS seeks dismissal of Mr. Myers’ complaint.

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.