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68210 Federal Register / Vol. 67, No.

217 / Friday, November 8, 2002 / Notices

NATIONAL AERONAUTICS AND NUCLEAR REGULATORY Coordinator at the time, claimed that the
SPACE ADMINISTRATION COMMISSION employee had been asked the questions,
yet had not disclosed anything
[Notice 02–131]
Ms. Patricia A. McGinn; Order Subsequently, the TVA Office of the
NASA Advisory Council, Space Prohibiting Involvement in NRC- Inspector General (OIG) conducted an
Science Advisory Committee, Licensed Activities (Effective investigation. The TVA OIG
Immediately) investigation concluded that Ms.
Astronomical Search for Origins and
McGinn did not contact four of the five
Planetary Systems Subcommittee From December 1995 to May 2000, references for Employee A which she
Ms. Patricia A. McGinn was a Human documented as having contacted. TVA
AGENCY: National Aeronautics and
Resources Coordinator for Cataract/RCM OIG also concluded that Ms. McGinn
Space Administration (NASA). Technologies, Inc., (Cataract/RCM or had falsified information in Cataract/
ACTION: Notice of meeting. Contractor) located at 2500 McClellan RCM’s security files for three other
Avenue, Suite 350, Pennsauken, New individuals. TVA OIG determined from
SUMMARY: In accordance with the Jersey 08109. Cataract/RCM was a the background investigation files for
Federal Advisory Committee Act, Public contractor to facilities licensed by the three other individuals that
Law 92–463, as amended, the National Nuclear Regulatory Commission (NRC documentation of reference checks
Aeronautics and Space Administration or Commission) pursuant to 10 CFR Part existed for references who either did not
50. exist, did not remember being contacted
announces a forthcoming meeting of the
On September 29, 2000, the NRC’s by Ms. McGinn, or did not make the
NASA Advisory Council (NAC), Space Office of Investigations (OI) initiated an statements attributed to them.
Science Advisory Committee (SScAC), investigation to determine whether OI contacted 13 individuals whom
Astronomical Search for Origins and Patricia A. McGinn, while employed by Ms. McGinn reportedly contacted in the
Planetary Systems Subcommittee (OS). Cataract/RCM Technologies, Inc., course of her background investigations
DATES: Monday, December 2, 2002, 8:30 deliberately falsified background for other licensees. These individuals
a.m. to 5:30 p.m., and Tuesday, information that was used to support denied knowing or providing the names
December 3, 2002, 8:30 a.m. to 5:30 p.m. the granting of unescorted access given by the Human Resources
authorizations at Tennessee Valley Coordinator as developed references.
ADDRESSES: NASA Headquarters, Authority (TVA) and other NRC licensee Some questioned the responses
Conference Room 6H46, 300 E Street, facilities. attributed to them, stating that the
SW., Washington, DC 20546. As background, 10 CFR 73.56, information provided on the Cataract/
‘‘Personnel access authorization RCM Reference Forms was, in part,
requirements for nuclear power plants,’’ inaccurate or incomplete.
Marian Norris, Code SB, National requires that background investigations OI subsequently interviewed Ms.
Aeronautics and Space Administration, be conducted prior to allowing McGinn. During that interview Ms.
Washington, DC 20546, (202) 358–4452. unescorted access to protected and vital McGinn provided similar information as
SUPPLEMENTARY INFORMATION: The areas of nuclear power plants. At a she did during the TVA OIG interview.
meeting will be open to the public up minimum, a background investigation Based on the interviews and records
to the capacity of the room. The agenda must verify an individual’s true reviews discussed above, OI concluded
for the meeting includes the following identity, and develop information she deliberately falsified Cataract/RCM
concerning an individual’s employment background investigations, allowing
history, education history, credit unescorted access for numerous
—James Webb Space Telescope history, criminal history, military contractors at TVA and other NRC-
—Wide Field Camera 3 service, and verify an individual’s licensed facilities.
character and reputation. Based on the above, the NRC has
—Committee on the Origin and The investigation determined that on concluded that Ms. McGinn’s actions
Evolution of Life January 6, 1998, TVA received the constitute a violation of 10 CFR
—Origins Roadmap results of an employee’s (Employee A) 50.5(a)(2), which prohibits an
—Structure and Evolution of the criminal history check from the Federal individual from deliberately submitting
Bureau of Investigation (FBI) indicating to the NRC, a licensee, or a licensee’s
Universe Roadmap
that Employee A had prior contractor, information that the person
—Astronomy & Physics Working Group misdemeanor charges. This information submitting the information knows to be
—Science Archives Working Group had not been highlighted or identified incomplete or inaccurate in some
—National Astronomy & Astrophysics during the process conducted by respect material to the NRC. The
Cataract/RCM to issue Employee A a inaccurate information was material in
temporary unescorted access that it was relied upon to grant
It is imperative that the meeting be authorization clearance. This process unescorted access to individuals who
held on these dates to accommodate the included documenting answers to potentially could have presented a
scheduling priorities of the key criminal history questions from the security threat to nuclear power plants.
participants. Visitors will be requested employee that reasonably should have Ms. McGinn’s actions in deliberately
to sign a visitor’s register. revealed the existence of the prior falsifying information relating to
misdemeanor charges. No such history numerous background investigations,
June W. Edwards, was documented in the records and her unresponsiveness to the NRC,
Advisory Committee Management Officer, produced by Cataract/RCM. When have raised serious doubt as to whether
National Aeronautics and Space confronted, Employee A indicated that she can be relied upon to comply with
Administration. he had not been questioned about his NRC requirements.
[FR Doc. 02–28417 Filed 11–7–02; 8:45 am] criminal history. Ms. McGinn, the Consequently, I lack the requisite
BILLING CODE 7510–01–P Cataract/RCM Human Resources reasonable assurance that licensed

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Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Notices 68211

activities can be conducted in that she will now comply with shall address the criteria set forth in 10
compliance with the Commission’s applicable NRC requirements. CFR 2.714(d).1
requirements and that the health and The Director, Office of Enforcement, If a hearing is requested by Ms.
safety of the public will be protected if Patricia A. McGinn or a person whose
may, in writing, relax or rescind any of
Ms. McGinn were permitted at this time interest is adversely affected, the
the above conditions upon
to be involved in NRC licensed Commission will issue an Order
demonstration by Ms. Patricia A. designating the time and place of any
activities. Therefore, the public health,
safety and interest require that Ms. McGinn of good cause. hearing. If a hearing is held, the issue to
McGinn be prohibited from any In accordance with 10 CFR 2.202, Ms. be considered at such hearing shall be
involvement in NRC-licensed activities Patricia A. McGinn must, and any other whether this Order should be sustained.
for a period of three years from the date person adversely affected by this Order Pursuant to 10 CFR 2.202(c)(2)(i), Ms.
of this Order. Additionally, Ms. McGinn may, submit an answer to this Order, Patricia A. McGinn, may, in addition to
is required to notify the NRC of her first and may request a hearing on this demanding a hearing, at the time the
employment in NRC-licensed activities Order, within 20 days of the date of this answer is filed or sooner, move the
at any time following the prohibition Order. Where good cause is shown, presiding officer to set aside the
period. Furthermore, pursuant to 10 consideration will be given to extending immediate effectiveness of the Order on
CFR 2.202, I find that the deliberate the time to request a hearing. A request the ground that the Order, including the
nature of Ms. Patricia A. McGinn’s for extension of time must be made in need for immediate effectiveness, is not
conduct described above, in a sensitive writing to the Director, Office of based on adequate evidence but on mere
area like nuclear security, is such that suspicion, unfounded allegations, or
Enforcement, U.S. Nuclear Regulatory
the public health, safety and interest error.
Commission, Washington, DC 20555, In the absence of any request for
require that this Order be immediately
effective. and include a statement of good cause hearing, or written approval of an
Accordingly, pursuant to Sections 53, for the extension. The answer may extension of time in which to request a
103, 161b, 161i, 161o, 182 and 186 of consent to this Order. Unless the answer hearing, the provisions specified in
the Atomic Energy Act of 1954, as consents to this Order, the answer shall, Section IV above shall be effective and
amended, and the Commission’s in writing and under oath or final 20 days from the date of this Order
regulations in 10 CFR 2.202, 10 CFR affirmation, specifically admit or deny without further order or proceedings. If
50.5, and 10 CFR 150.20, it is hereby each allegation or charge made in this an extension of time for requesting a
ordered, effective immediately, that: Order and shall set forth the matters of hearing has been approved, the
1. Ms. Patricia A. McGinn is fact and law on which Ms. Patricia A. provisions specified in Section IV shall
prohibited for three years from the date McGinn or other person adversely be final when the extension expires if a
of this Order from engaging in NRC- affected relies and the reasons as to why hearing request has not been received.
licensed activities. NRC-licensed the Order should not have been issued. An answer or a request for hearing shall
activities are those activities that are Any answer or request for a hearing not stay the immediate effectiveness of
conducted pursuant to a specific or shall be submitted to the Secretary, U.S. this order.
general license issued by the NRC, Nuclear Regulatory Commission, Attn: Dated this 31st day of October 2002.
including, but not limited to, those
Rulemakings and Adjudications Staff, For the Nuclear Regulatory Commission.
activities of Agreement State licensees
Washington, DC 20555. Copies also William F. Kane,
conducted pursuant to the authority
granted by 10 CFR 150.20. shall be sent to the Director, Office of Deputy Executive Director for Reactor
2. If Ms. Patricia A. McGinn is Enforcement, U.S. Nuclear Regulatory Programs.
currently involved with another Commission, Washington, DC 20555, to [FR Doc. 02–28482 Filed 11–7–02; 8:45 am]
licensee in NRC-licensed activities, she the Assistant General Counsel for BILLING CODE 7590–01–P
must immediately cease those activities, Materials Litigation and Enforcement at
and inform the NRC of the name, the same address, to the Regional
address and telephone number of the Administrator, NRC Region II, 61 RAILROAD RETIREMENT BOARD
employer, and provide a copy of this Forsyth St. SW, Suite 23T85, Atlanta,
order to the employer. GA 30303–8931, and to Ms. Patricia A. 2003 Railroad Experience Rating
3. At any time after the three year McGinn if the answer or hearing request Proclamations, Monthly Compensation
period of prohibition has expired, Ms. is by a person other than Ms. Patricia A. Base and Other Determinations
Patricia A. McGinn shall, within 20 McGinn. Because of continuing
days of acceptance of her first AGENCY: Railroad Retirement Board.
disruptions in delivery of mail to United ACTION: Notice.
employment offer involving NRC- States Government offices, it is
licensed activities or her becoming requested that answers and requests for SUMMARY: Pursuant to section 8(c)(2)
involved in NRC-licensed activities, as hearing be transmitted to the Secretary and section 12(r)(3) of the Railroad
defined in Paragraph IV.1 above, Unemployment Insurance Act (Act) (45
of the Commission either by means of
provide notice to the Director, Office of U.S.C. 358(c)(2) and 45 U.S.C. 362(r)(3),
facsimile transmission to 301–415–1101
Enforcement, U.S. Nuclear Regulatory respectively), the Board gives notice of
or by e-mail to
Commission, Washington, DC 20555, of the following:
the name, address, and telephone and also to the Office of the General
Counsel either by means of facsimile 1. The balance to the credit of the
number of the employer or the entity Railroad Unemployment Insurance
where she is, or will be, involved in the transmission to 301–415–3725 or by e-
NRC-licensed activities. In the mail to If a 1 The most recent version of Title 10 of the Code

notification, Ms. McGinn shall include person other than Ms. Patricia A. of Federal Regulations, published January 1, 2002,
a statement of her commitment to McGinn requests a hearing, that person inadvertently omitted the last sentence of 10 CFR
compliance with regulatory shall set forth with particularity the 2.714 (d) and paragraphs (d)(1) and (d)(2) regarding
petitions to intervene and contentions. For the
requirements and the basis why the manner in which his or her interest is complete, corrected text of 10 CFR 2.714 (d), please
Commission should have confidence adversely affected by this Order and see 67 FR 20884; April 29, 2002.

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