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VWD-0002 - In the Matter of Frank E. Isbill

This determination will consider two requests for discovery filed with the Office of Hearings and Appeals (OHA) on May 4, 1999, by Frank E. Isbill (the complainant). These requests (which have been grouped together as one Motion for Discovery, Case No. VWD-0002) concern the hearing requested by the complainant under the Department of Energy's Contractor Employee Protection Program, 10 C.F.R. Part 708 (Part 708). He requested this hearing on March 29, 1999 (Case No. VWA-0034) in connection with the Part 708 complaint he filed against NCI Communications, Inc. (the contractor). The DOE recently issued revised Part 708 regulations. The regulations were published in the Federal Register on March 15, 1999. See 64 Fed. Reg. 12,862 (March 15, 1999) and by their terms, apply to all cases which were pending as of the date they became effective, April 14, 1999, including the instant case. 10 C.F.R. § 708.8. I was appointed the Hearing Officer in this matter on March 30, 1999.