This decision considers a “Motion to Dismiss” filed by the Sandia Corporation (Sandia) on August 24, 1999. In its Motion, Sandia seeks judgment on the record of Complaint filed by Dr. Jiunn Yu (Yu) under the Department of Energy's (DOE) Contractor Employee Protection Program, which is codified at 10 C.F.R. Part 708. Yu’s Complaint under 10 C.F.R. Part 708 has been assigned Office of Hearings and Appeals (OHA) Case No. VBH-0028. The present Motion has been assigned Case No. VBZ-0028.