West Penn Power Contract with Eaton Corporation as a CSP

Appendix 3
BACKGROUND INVESTIGATION
nSSSSS"* FOR NONEMPLXJYEES ^ ^ Allegheny Enw^y
NOTE:
IF SELLER ANPJOR ANY SELLER'S EMPLOYEES, MCLUDtNG AMY SUBCONTRACTORS, HAVE
ACCESS TO BUYER'S PHYSICAL PROPERTY. COMPUTER NETWORK, OR OTHER PROPERTY
OVWEO OR LEASED BY BUYER BY USE OF CARD ACCESS, LAN ACCESS, OR KEY. THE
FOLLOWING ATTACHMENT TITLED, "BACKGROUND INVESTIGATION REQUIREMENTS FOR
NONEMPLOYEES," SHALL APPLY:
Baefcarowwl iny^qtiagfloq of LrnuMtd Emptovftaa - (Exception: Power Station contractors vrfw supply workers during
outages.) Tho Seller hor«itiy agrees to oonduci a tfiorougli background Investigation upon eny employee, contractor
The
and/or aflem of the Seller vrtnose services may be leeeftd lo Allegtwny Energy- aforesaM invosttgation sttaS
determine any and all information of concern with In the background of the prospective leased employee, corrtroctor
and/or apent. whether or not Ihe information ia available in pubfic racorrfs. Additionally, the aforesaid background check
Ehall inveEtigale the prospacflye leased employee'!, contractor's end'or asent's criminal records for the past seven (7)
years using the social securfty numben'addresB verification, a segnch of tha federal district courts, end federal wants and
warrants. National Criminal Dsaabese Search (which Includes criminal reconta for 41 alstes. a sex offender seerch for all
SO stales, and an OFAC report), BB well as a county criminal search. If drtvlng Is required as a pen of the job duties,
drtvere" boonses and motor vehicle records will be Investigated for the previous seven (7) yeere. The Seller shall not
who has
refer any proapactive leased empktyea. contrarctor andtor agent to Alleflheny Eneroy either failed or refused lo
submit to a background inv"Mtrgation, The Se'ler may employ die aervuxB ot cr»e invastigative Bgency/credli agency or
bureau of its choice, subject to Allegheny Energy's approval, so long as the agencyOes) selected la/ere reputable and
investtgations comply with the Far Credil Reporting Act. Background investlseilons are vaJW for 60 days from Ihe date ot
investisation. Seller musl submit to Allegheny Energy; (1) Hs procedures for background Inveslloaliom; and (2) oileria
that determine whether a wortcer has passed a background investigation.
PorBuant lo the roqijiramenia of NERC Cyber Security Startdard CIP-O04 - Perse nnd and Training. Requirement 3 -
Personnel Risk Assessment, any leased worker grarrfad uneEcnrtnd physical aoosse into an kJenUfied NERC physical
security p«rlfrveter ot cybet acoess through an Identified MEFtC ©tewltonic security pwimetef shell also requae a hvwn (7)
year updated bacteround lnve*ligartioo that Includes, at minimum. Identity verification {Social Security Number
verification in the U.S.) and seven year crimrtel check. Written certification, as dascribed betovr, shal bs provided 10
Allegheny En orgy for the updated background check,
Supplier must complete and submit the Agency Vertficatlon of Qswkgrgund Check Completion form to Ihe manager who
has requestud the laased worker for review and retention.
Proa TBcMno of Loss ad Efnolov^ftg - The Setter hereby aorees to conduct substance abuse testing on any employee.
contractor arxVor agent of the Seller whose eervioeE may be leased to All©9bony Energy using the chatn-of-cusiody
procadura speotlad by the U.S. Department of Hestth and Human Services. The sample Is to be tested et a DHHS
certified iBboratory vihich uses #3545N SAP 10 #12 GC/MS substance abuse test. Forensic Drug Testing Custody and
Control (10 Parwin'CR&O) la completed al the collection site for sobelenoe abuse testing. Wohcara ante ring a position
covered by bepartmerrt of Transpoflation FHWA regulations 49CFR 40 are required to take a con troll fed subotance test
(NIOAES). A urine drug teal resulting in a 'Oituto' negatrva report will require the caneSiteto to repaat tha drug tast. A
second 'piluta' negative result In which there is no physiological or medical explanation for the dilute urine sample, will
result In the candidate not being referred to Allegheny Energy for asaignmarrt. Substance abuse tasU are nol vefid for
mora lhan 45 days after the date of testing.
Raleaita From Llahllttv - The Seller shall prepare a Release, and shall obtain a signature on the Ralease from every
leased employee, contractor and/or agent. The Release shall contain language retoasing A&egheny En ergy, the Seller,
tha leased Employee's, contractor's and/or agent's former employers, end eny other peraons from an Eabillly for any
damages or claims related to Ihe backgrnund investigation end drug test. Irtdudlng but nol limHed lo furnishing of tha
background mformation. Each such Release shall be retained by the Seller tor a period of three years. If tha
Investigatior is performed by e consumer reporting agency, notices and disclosures must comply wtth the Fair Credtl
Reporting A«.
Costs - The costs aasooisted wtth conducting the aforesaid background checks shall be borne by the Seller.
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