This letter concerns the complaint of retaliation that you submitted to the Department of Energy (DOE) under 10 C.F.R. Part 708. Your complaint involves alleged retaliation against your firm by the DOE for your disclosures involving safety concerns. On September 10, 2001, the Employee Concerns Manager at the DOE Albuquerque Operations Office dismissed the complaint for lack of jurisdiction. In an October 25, 2001 appeal decision, the Office of Hearings and Appeals (ORA) sustained that determination. The basis for that determination was that the Part 708 regulations apply to retaliation by DOE contractors, but they do not cover contractoremployee allegations of retaliation only by the DOE.