This determination will consider a Motion to Dismiss filed by Westinghouse Hanford Company (WHC) on April 5, 1994. In its Motion, WHC seeks the dismissal of the underlying complaint and hearing request filed by Helen "Gai" Oglesbee under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708. Oglesbee's request for a hearing under 708.9 was filed on February 28, 1994, and it has been assigned Office of Hearings and Appeals (OHA) Case No. LWA-0006.