Personnel Security (10 CFR Part 710)

On October 14, 2014, an Administrative Judge determined that an individual should not be granted a security clearance.  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 his use of alcohol, which had not led to any alcohol-related arrests or accidents but nevertheless was significant, both during the week and particularly on weekends.  These facts led a DOE-consultant psychologist to conclude that the individual consumed alcohol habitually to excess, to a degree that causes or may cause a significant defect in his judgment or reliability.  OHA Case No. PSH-14-0070 (William M. Schwartz)


Freedom of Information Act (FOIA) Appeal

On October 14, 2014, OHA denied an Appeal filed by Tom Clements (the Appellant) of a FOIA determination issued by the DOE’s Savannah River Operations Office (DOE-SR) to him regarding his August 2014 FOIA request.  DOE-SR issued a determination releasing one of two requested documents in its entirety, and withholding the second requested document on the grounds that it was not an “agency record” subject to disclosure under the FOIA.  On appeal, OHA found that DOE-SR properly denied the Appellant’s FOIA request because the document at issue is not an agency record for purposes of the FOIA.  In addition, the relevant contract between DOE and the contractor designated the document as the property of the contractor.   OHA Case No. FIA-14-0055