Personnel Security Hearing (10 CFR Part 710)

On July 21, 2016, an OHA Administrative Judge issued a decision in which she determined that an individual’s access authorization should not be restored.  In reaching this determination, she found that the individual had not resolved the security concerns arising from her financial irresponsibility.  During a personnel security interview in December 2015 and a credit report review, the Local Security Office (LSO) learned that the individual had a number of collection accounts totaling $2,830 as well as charge-off accounts totaling $676.  The LSO also learned that the individual had an established pattern of an unwillingness or inability to satisfy debts.  During the hearing, the individual explained the circumstances that led to her delinquent debt.  She testified that she is a single parent and must first focus on paying her household expenses and necessities for her daughter.   She further testified that she is unable to address her debt until she moves in with her father, which will save her about $350 a month.  The Administrative Judge found that, although the individual’s financial problems were beyond her control to a certain extent, she did not act responsibly under the circumstances.  A number of the individual’s delinquent accounts are over six years past due.  At the time of the hearing, other than establishing one installment plan, the individual had not yet made payment arrangements with any of her other creditors.  In addition, despite her current financial plight, the individual had not sought financial counseling to assist her with budgeting or otherwise put mechanisms in place to prevent future financial issues.  In the end, the Administrative Judge was not convinced that the individual’s financial problems are under control yet.  Accordingly, the Administrative Judge determined that the individual had not resolved the Criterion L security concerns at issue. OHA Case No. PSH-16-0025 (Kimberly Jenkins-Chapman)

On July 20, 2016, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should be restored. The individual was arrested for Driving While Intoxicated in August 2015. Because this information raised security concerns under criteria (j) and (l), the individual’s security clearance was suspended, and he requested a hearing. At the hearing, the individual demonstrated that he was receiving treatment for his alcohol use disorder, was attending Alcoholics Anonymous regularly, and had abstained from alcohol use for ten months. After reviewing this testimony and the testimony of the individual’s counselor, his other witnesses and of the DOE psychologist, the Administrative Judge determined that the individual had demonstrated adequate evidence of rehabilitation. Consequently, he concluded that the individual had successfully addressed the DOE’s security concerns. OHA Case No. PSH-16-0033 (Robert B. Palmer)

Freedom of Information Act (FOIA) Appeal

On July 20, 2016, OHA denied a FOIA Appeal filed by Martin Peck from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy. In the Appeal, the Appellant challenged the adequacy of NNSA’s search for responsive documents. NNSA concluded that neither the Nevada Field Office nor its contractors operated the unmanned aircrafts referenced in the FOIA request and that no responsive documents existed. Based on the foregoing, OHA found that NNSA’s search was reasonably calculated to uncover material sought by the Appellant and, accordingly, denied the Appeal. OHA Case No. FIA-16-0043