New Code of Federal Regulation for Access Authorization Begins Today (March 31)
Effective today, new access authorization regulations will be in place and enforced at Exelon Nuclear, and it applies to all Exelon employees and contractors. The new regulation expands the definition of “legal action.” Under the new code revision, employees are required to report serious civil charges. This new reporting requirement is in addition to the previous reporting requirements for access authorization.
The Code of Federal Regulation for Access Authorization, 10 CFR § 73.56, was revised by the Nuclear Regulatory Commission (NRC).
Examples of serious civil charges that must be reported include, but are not limited to: a summons to appear in court; filing for bankruptcy; claims of negligence, wrongful death, discrimination or harassment; any claim with intentional or willful conduct as a component; and any civil claim or action in which a party seeks a judgment against you of at least (or the damages to be awarded could amount to at least) $40,000.
March 24, 2010
1. Can my unescorted access be denied for reporting a legal action?
Yes, but each legal action will be evaluated separately and typically can be adjudicated with no loss of unescorted access, depending on the severity of the offense or if an individual has a pattern of multiple legal action issues over a period of time.
2. Will my unescorted access be denied for NOT reporting a legal action?
It can. The NRC rules and regulation requires the reporting of legal action and failure to report will result in denial of unescorted access. It is much better to report legal action than not to report it. The majority of the time Exelon Security will work with you to bring the issue to a favorable resolution.
3. Is an incident considered legal action only when I am handcuffed and taken into custody?
No, legal action can be as simple as receiving a ticket for a charge.
4. If I do not have to appear or go to court is it considered a legal action?
Only if the offense falls under the definition and guidance listed above. This does not include minor misdemeanor charges such as parking tickets, non-injury traffic and speeding tickets or minor civil actions such as zoning violations, city ordinances and citations or minor traffic violations such as moving violations when the individual was not physically taken into custody and a court appearance is not required.
5. Is a ticket for a DUI, open container, illegal transportation, illegal consumption, a boating or hunting DUI or alcohol-related ticket from the department of transportation considered an arrest as defined by Exelon?
Yes, all of the above incidents, although not all inclusive, are considered alcohol-related and must be reported.
6. Is a warrant considered a legal action?
Yes, a warrant is considered a proceeding so therefore it must be reported. Warrants can be issued for failure to appear in court or failure to pay a fine as directed.
7. Does a warrant for failure to appear in court for a speeding ticket considered reportable?
Yes, even though a speeding ticket is not reportable, a warrant for failure to appear in court for the ticket is. The difference is that a warrant has elevated the incident for not responding to the law as required.
8. What if my lawyer tells me that I do not have to report or tell anyone about my incident or that the incident will be dismissed and/or expunged and it will not show up on my record. Do I still need to report it?
Yes, the incident must be reported and needs to be followed through to final disposition no matter what the out come ends up being.
9. What will happen to my job if my unescorted access is denied?
Security does not determine employment, but each case would be evaluated by Human Resources on a case by case basis.
10. What will happen if I do not report my arrest on the first day back to work subsequent to my arrest?
Exelon employees total work history will be reviewed but may receive discipline up to and including termination. Contractors unescorted access will be denied for a period of 6 months for the first offense and permanent denial for any subsequent offenses.