NOT PRECEDENTIAL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
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.