Personnel Security (10 CFR Part 710)

On November 17, 2014, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should not be restored.  The individual had been diagnosed by a DOE psychologist with Gambling Disorder.  In addition, the individual had nine outstanding collections accounts, totaling $3,132, and one “charge off” account for $17,957, which she failed to disclose in her most recent Questionnaire for National Security Positions (QNSP).  At the hearing, the individual showed that she had begun treatment for her Gambling Disorder and had resolved all but one of her outstanding debts (which she was addressing by entering into negotiations with the creditor).  However, the Administrative Judge found her explanation for failing to disclose her debts in the QNSP to be unsatisfactory, and further that the individual had not received sufficient treatment for her Gambling Disorder to ensure that her financial problems will not reoccur.  Accordingly, the Administrative Judge found that the individual had not sufficiently mitigated the security concerns raised by her Gambling Disorder, financial irresponsibility, and deliberate omission of information from her QNSP.  OHA Case No. PSH-14-0080 (Steven L. Fine)

On November 21, 2014, an Administrative Judge determined that an individual’s security clearance should not be restored.  In reaching this determination, the Administrative Judge found that the individual had not successfully addressed the DOE’s security concerns under Criteria H and J.  Specifically, the Administrative Judge concluded that the individual had not mitigated the DOE’s concerns regarding her use of alcohol, which included frequent intoxication and had resulted in a recent alcohol-related arrest.  These facts led a DOE psychologist to conclude that the individual suffered from Alcohol Abuse (under the DSM-IV-TR) and Alcohol Use Disorder (under the DSM-5), illnesses that cause or may cause a significant defect in judgment or reliability.  As of the hearing, the individual maintained that she did not view her alcohol use as a problem and, while now consuming alcohol in a responsible manner, had not engaged in any alcohol education or counseling.  Her approach to modifying her alcohol consumption therefore fell far short of the DOE psychologist’s recommendations of six months of rehabilitative efforts or one year of abstinence.  OHA Case No. PSH-14-0084 (William M. Schwartz)

Freedom of Information Act (FOIA) Appeal

On November 20, 2014, OHA issued a decision denying a FOIA Appeal filed by Torres Consulting and Law Group, LLC (Appellant) of a determination issued by the DOE Richland Operations Office (Richland).  In the Appeal, the Appellant challenged Richland’s withholdings of information contained in certain responsive documents under FOIA Exemption 4.  In considering the Appeal, OHA determined that Richland properly withheld the information under Exemption 4, as the information consisted of contractors’ commercial and financial information, the release of which would cause the contractors substantial competitive harm.  OHA therefore denied the Appeal.  OHA Case No. FIA-14-0070