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Summary of Decisions - April 14, 2014 – April 18, 2014

April 18, 2014 - 8:43am


Personnel Security (10 CFR Part 710)

On April 16, 2014, an OHA Administrative Judge issued a decision in which she concluded that an individual’s security clearance should be restored.  In August 2013, as part of a background investigation, the local security office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns about her alcohol use.  Pursuant to that PSI, the individual was referred to a DOE consultant psychologist (DOE psychologist) for an agency-sponsored evaluation who concluded that the individual suffers from Alcohol Abuse.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Administrative Judge found that the individual had demonstrated adequate evidence of rehabilitation from her Alcohol Abuse, and thus has  sufficiently mitigated the DOE’s security concerns.  Accordingly, the Administrative Judge concluded that the individual’s security clearance should be restored.  OHA Case No. PSH-13-0136 (Kimberly Jenkins-Chapman)

Freedom of Information Act (FOIA) Appeal

On April 16, 2014, OHA issued a decision denying an appeal (Appeal) from a FOIA determination issued by the DOE’s Oak Ridge Office (ORO). The Appellant, Robert Orr, Jr., contested the adequacy of ORO’s search for responsive documents.  The OHA reviewed ORO’s description of its search, explaining that a search was conducted by the Oak Ridge National Laboratory (ORNL) legal and contracts groups, and they could not locate any responsive documents.  Based on the sufficiency of the search terms applied by ORNL in searching for the documents, the OHA determined that the search conducted was adequate and denied the Appeal. OHA Case No. FIA-14-0019