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Summary of Decisions - June 9, 2014 – June 13, 2014

June 13, 2014 - 2:54pm


Personnel Security (10 CFR Part 710)

On June 13, 2014, an OHA Administrative Judge issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns, a Local Security Office (LSO) cited a DOE psychologist’s diagnosis of Alcohol Abuse and two alcohol-related arrests.  The Administrative Judge found that the individual had not resolved the concerns related to his Alcohol Abuse.  Though the individual is now receiving counseling, participating in group aftercare, and abstaining from alcohol, the Administrative Judge was convinced that his treatment plan had not been in effect for a sufficient length of time to demonstrate rehabilitation.  The Administrative Judge further found that the individual had not resolved the concerns raised by arrests, as they relate to alcohol issues that have not yet been sufficiently addressed.  OHA Case No. PSH-14-0014 (William M. Schwartz)

Freedom of Information Act (FOIA) Appeal

On June 9, 2014, OHA issued a decision denying in part and remanding in part an Appeal from a FOIA determination issued by the Bonneville Power Administration (BPA). The Appellant, Ralph Sletager, requested five different records.  In his Appeal, he challenged BPA’s application of Exemption 6 to a document that was released under his FOIA Request #1, and claimed that a another released document was unresponsive to another part of his FOIA Request, Request #5.  BPA explained that with regard to the Appellant’s Request #1, it realized that it made too many redactions pursuant to Exemption 6 and would like to re-release that document.  Moreover, it located another responsive document as to that same request.  Hence, OHA remanded this matter for BPA to issue a new determination as to the Appellant’s FOIA Request #1.  As to his FOIA Request #5, BPA explained that the information that the Appellant sought can be found in the regulations, and accordingly, OHA denied that part of the Appeal.  OHA Case No. FIA-14-0030