Personnel Security Decision  (10 CFR Part 710)

On February 27, 2014, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored. The individual failed an alcohol screen test administered by his employer at his worksite.  A DOE psychologist subsequently found that the individual habitually used alcohol to excess.  At the hearing, the individual acknowledged that he has an alcohol problem.  However, he successfully established he is reformed and rehabilitated from his alcohol use disorder by showing that he had taken several actions to address this disorder (successfully completing an intensive outpatient program, and attending individual counseling and an aftercare program) and had abstained from alcohol use for eight months at the time of the hearing.  Accordingly, the Administrative Judge found that the individual had resolved the security concerns raised by his past habitual use of alcohol to excess.  OHA Case No. PSH-14-0101 (Steven L. Fine)

On February 26, 2015, an OHA Administrative Judge (AJ) issued a decision in which he concluded that the DOE should not restore an individual’s access authorization. A DOE Operations Office referred the individual to administrative review, citing as security concerns the individual’s failure to file state and federal tax returns for the years 2009 through 2013 and his delinquent debt, which was, at the time of the hearing, in excess of $5,000. After conducting the hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the individual had behaved irresponsibly regarding his tax returns and delinquent debt, despite his ex-wife’s failure to satisfy her financial obligations and their subsequent separation and divorce. However, the AJ also found that the individual had failed to articulate an acceptable plan for satisfying the delinquencies.  Accordingly, the AJ concluded that significant security concerns remained unresolved, and that the DOE should not restore the individual’s security clearance.  OHA Case No. PSH-14-0098 (Robert B. Palmer)

Freedom of Information Act (FOIA) Appeal

On February 27, 2015, OHA issued a decision denying a FOIA Appeal (FOIA) filed by Cause of Action (Appellant) of separate determinations issued by the DOE Office of Executive Secretariat (ES) and the DOE Office of Congressional and Intergovernmental Affairs (CI).  In the Appeal, the Appellant challenged the ES and CI searches for responsive documents.  However, OHA found that both ES and CI had conducted searches reasonably calculated to uncover responsive material.  OHA therefore denied the Appeal.  OHA Case No. FIA-15-0006