Public Service Electric & Gas Company v. Local 94 International Brotherhood of Electrical Workers

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-2147
PUBLIC SERVICE ELECTRIC & GAS COMPANY
v.
LOCAL 94 INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
Appellant
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW JERSEY
(District Court No. 99-CV-3634)
Magistrate Judge: John J. Hughes
Submitted Under Third Circuit LAR 34.1(a)
January 14, 2002
Before: ALITO and ROTH, Circuit Judges, and SCHWARZER, Senior District Judge.
(Opinion Filed: January 31, 2002)
MEMORANDUM OPINION OF THE COURT
PER CURIAM:
The facts and procedural background of this case are familiar to the parties.
Pursuant to its statutory authority under 42 U.S.C. 2201(i), the Nuclear Regulatory
Commission has adopted regulations to ensure that individuals with unescorted access to
protected areas of a nuclear power plant are sufficiently trustworthy and do not pose an
unreasonable risk to public health and safety, including "the potential to commit
radiological sabotage." 10 C.F.R. 73.56 (2000). To screen individuals, nuclear power
plant licensees must have in place an access authorization program as part of the facility’s
physical security plan, and this plan must be approved by the Commission. See id.
We hold that the District Court below properly granted Appellee’s motion for
summary judgment and properly denied Appellant’s cross-motions for summary
judgment. In his 39-page Opinion accompanying the Order, dated April 6, 2001, the

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Magistrate Judge correctly held that issues of site access for employees are not subject to
arbitration under the grievance and arbitration provisions of the current collective
bargaining agreement between the employer, PSE&G, and the union, Local 94. We have
considered all of Appellant’s arguments and find no ground to reverse.
The Order of the District Court is AFFIRMED.

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