[Federal Register: November 8, 2002 (Volume 67, Number 217)]
[Notices]
[Page 68210-68211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no02-139]
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NUCLEAR REGULATORY COMMISSION
[IA-02-022]
Ms. Patricia A. McGinn; Order Prohibiting Involvement in NRC-
Licensed Activities (Effective Immediately)
From December 1995 to May 2000, Ms. Patricia A. McGinn was a Human
Resources Coordinator for Cataract/RCM Technologies, Inc., (Cataract/
RCM or Contractor) located at 2500 McClellan Avenue, Suite 350,
Pennsauken, New Jersey 08109. Cataract/RCM was a contractor to
facilities licensed by the Nuclear Regulatory Commission (NRC or
Commission) pursuant to 10 CFR Part 50.
On September 29, 2000, the NRC's Office of Investigations (OI)
initiated an investigation to determine whether Patricia A. McGinn,
while employed by Cataract/RCM Technologies, Inc., deliberately
falsified background information that was used to support the granting
of unescorted access authorizations at Tennessee Valley Authority (TVA)
and other NRC licensee facilities.
As background, 10 CFR 73.56, ``Personnel access authorization
requirements for nuclear power plants,'' requires that background
investigations be conducted prior to allowing unescorted access to
protected and vital areas of nuclear power plants. At a minimum, a
background investigation must verify an individual's true identity, and
develop information concerning an individual's employment history,
education history, credit history, criminal history, military service,
and verify an individual's character and reputation.
The investigation determined that on January 6, 1998, TVA received
the results of an employee's (Employee A) criminal history check from
the Federal Bureau of Investigation (FBI) indicating that Employee A
had prior misdemeanor charges. This information had not been
highlighted or identified during the process conducted by Cataract/RCM
to issue Employee A a temporary unescorted access authorization
clearance. This process included documenting answers to criminal
history questions from the employee that reasonably should have
revealed the existence of the prior misdemeanor charges. No such
history was documented in the records produced by Cataract/RCM. When
confronted, Employee A indicated that he had not been questioned about
his criminal history. Ms. McGinn, the Cataract/RCM Human Resources
Coordinator at the time, claimed that the employee had been asked the
questions, yet had not disclosed anything derogatory.
Subsequently, the TVA Office of the Inspector General (OIG)
conducted an investigation. The TVA OIG investigation concluded that
Ms. McGinn did not contact four of the five references for Employee A
which she documented as having contacted. TVA OIG also concluded that
Ms. McGinn had falsified information in Cataract/RCM's security files
for three other individuals. TVA OIG determined from the background
investigation files for three other individuals that documentation of
reference checks existed for references who either did not exist, did
not remember being contacted by Ms. McGinn, or did not make the
statements attributed to them.
OI contacted 13 individuals whom Ms. McGinn reportedly contacted in
the course of her background investigations for other licensees. These
individuals denied knowing or providing the names given by the Human
Resources Coordinator as developed references. Some questioned the
responses attributed to them, stating that the information provided on
the Cataract/RCM Reference Forms was, in part, inaccurate or
incomplete.
OI subsequently interviewed Ms. McGinn. During that interview Ms.
McGinn provided similar information as she did during the TVA OIG
interview. Based on the interviews and records reviews discussed above,
OI concluded she deliberately falsified Cataract/RCM background
investigations, allowing unescorted access for numerous contractors at
TVA and other NRC-licensed facilities.
Based on the above, the NRC has concluded that Ms. McGinn's actions
constitute a violation of 10 CFR 50.5(a)(2), which prohibits an
individual from deliberately submitting to the NRC, a licensee, or a
licensee's contractor, information that the person submitting the
information knows to be incomplete or inaccurate in some respect
material to the NRC. The inaccurate information was material in that it
was relied upon to grant unescorted access to individuals who
potentially could have presented a security threat to nuclear power
plants.
Ms. McGinn's actions in deliberately falsifying information
relating to numerous background investigations, and her
unresponsiveness to the NRC, have raised serious doubt as to whether
she can be relied upon to comply with NRC requirements.
Consequently, I lack the requisite reasonable assurance that
licensed
[[Page 68211]]
activities can be conducted in compliance with the Commission's
requirements and that the health and safety of the public will be
protected if Ms. McGinn were permitted at this time to be involved in
NRC licensed activities. Therefore, the public health, safety and
interest require that Ms. McGinn be prohibited from any involvement in
NRC-licensed activities for a period of three years from the date of
this Order. Additionally, Ms. McGinn is required to notify the NRC of
her first employment in NRC-licensed activities at any time following
the prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find
that the deliberate nature of Ms. Patricia A. McGinn's conduct
described above, in a sensitive area like nuclear security, is such
that the public health, safety and interest require that this Order be
immediately effective.
Accordingly, pursuant to Sections 53, 103, 161b, 161i, 161o, 182
and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, 10 CFR 50.5, and 10 CFR
150.20, it is hereby ordered, effective immediately, that:
1. Ms. Patricia A. McGinn is prohibited for three years from the
date of this Order from engaging in NRC-licensed activities. NRC-
licensed activities are those activities that are conducted pursuant to
a specific or general license issued by the NRC, including, but not
limited to, those activities of Agreement State licensees conducted
pursuant to the authority granted by 10 CFR 150.20.
2. If Ms. Patricia A. McGinn is currently involved with another
licensee in NRC-licensed activities, she must immediately cease those
activities, and inform the NRC of the name, address and telephone
number of the employer, and provide a copy of this order to the
employer.
3. At any time after the three year period of prohibition has
expired, Ms. Patricia A. McGinn shall, within 20 days of acceptance of
her first employment offer involving NRC-licensed activities or her
becoming involved in NRC-licensed activities, as defined in Paragraph
IV.1 above, provide notice to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, of the name,
address, and telephone number of the employer or the entity where she
is, or will be, involved in the NRC-licensed activities. In the
notification, Ms. McGinn shall include a statement of her commitment to
compliance with regulatory requirements and the basis why the
Commission should have confidence that she will now comply with
applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Ms. Patricia
A. McGinn of good cause.
In accordance with 10 CFR 2.202, Ms. Patricia A. McGinn must, and
any other person adversely affected by this Order may, submit an answer
to this Order, and may request a hearing on this Order, within 20 days
of the date of this Order. Where good cause is shown, consideration
will be given to extending the time to request a hearing. A request for
extension of time must be made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
and include a statement of good cause for the extension. The answer may
consent to this Order. Unless the answer consents to this Order, the
answer shall, in writing and under oath or affirmation, specifically
admit or deny each allegation or charge made in this Order and shall
set forth the matters of fact and law on which Ms. Patricia A. McGinn
or other person adversely affected relies and the reasons as to why the
Order should not have been issued. Any answer or request for a hearing
shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Attn: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, to the Regional Administrator, NRC
Region II, 61 Forsyth St. SW, Suite 23T85, Atlanta, GA 30303-8931, and
to Ms. Patricia A. McGinn if the answer or hearing request is by a
person other than Ms. Patricia A. McGinn. Because of continuing
disruptions in delivery of mail to United States Government offices, it
is requested that answers and requests for hearing be transmitted to
the Secretary of the Commission either by means of facsimile
transmission to 301-415-1101 or by e-mail to hearingdocket@nrc.gov and
also to the Office of the General Counsel either by means of facsimile
transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. If
a person other than Ms. Patricia A. McGinn requests a hearing, that
person shall set forth with particularity the manner in which his or
her interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.714(d).\1\
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714 (d) and paragraphs (d)(1) and (d)(2)
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714 (d), please see 67 FR 20884; April
29, 2002.
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If a hearing is requested by Ms. Patricia A. McGinn or a person
whose interest is adversely affected, the Commission will issue an
Order designating the time and place of any hearing. If a hearing is
held, the issue to be considered at such hearing shall be whether this
Order should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), Ms. Patricia A. McGinn, may, in
addition to demanding a hearing, at the time the answer is filed or
sooner, move the presiding officer to set aside the immediate
effectiveness of the Order on the ground that the Order, including the
need for immediate effectiveness, is not based on adequate evidence but
on mere suspicion, unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be effective and final 20 days from
the date of this Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in Section IV shall be final when the extension
expires if a hearing request has not been received. An answer or a
request for hearing shall not stay the immediate effectiveness of this
order.
Dated this 31st day of October 2002.
For the Nuclear Regulatory Commission.
William F. Kane,
Deputy Executive Director for Reactor Programs.
[FR Doc. 02-28482 Filed 11-7-02; 8:45 am]
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