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TBH-0098 - In the Matter of Mark D. Siciliano

This Decision will consider a Motion to Dismiss filed by Battelle Energy Alliance LLC (Battelle), the Management and Operating Contractor for the Department of Energy’s (DOE) Idaho National Laboratory (INL), in connection with the pending Complaint of Retaliation filed by Mark Siciliano against Battelle under the DOE’s Contractor Employee Protection Program and its governing regulations set forth at 10 C.F.R. Part 708. The Office of Hearings and Appeals (OHA) assigned the hearing component of Mr. Siciliano’s Part 708 Complaint proceeding, Case No. TBH-0098, and Battelle’s Motion to Dismiss, Case No. TBZ-0098. For the reasons set forth below, I have determined that Battelle’s Motion should be granted and that Mr. Siciliano’s Complaint of Retaliation should be dismissed.