Personnel Security (10 CFR Part 710)

On September 14, 2015, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should not be restored. In reaching this determination, the Administrative Judge found that the individual had not resolved security concerns under Criteria H regarding a diagnosis of Dissociative Amnesia with Dissociative Fugue by a DOE psychologist (DOE Psychologist) and his assessment that the individual’s personality traits could cause defects in his judgment and reliability. The Administrative Judge found that individual’s testimony concerning his completed treatment program did not outweigh testimony from the DOE Psychologist that the individual needed additional treatment to resolve his psychological issues. Consequently, the Administrative Judge found that the individual’s security clearance should not be restored at this time. OHA Case No. PSH-15-0049 (Richard Cronin)   

On September 15, 2015, an Administrative Judge issued a decision in which he determined that an individual’s request for a DOE access authorization should be granted. In reaching this determination, the Administrative Judge found that the individual had resolved security concerns under Criteria H regarding a diagnosis of Bipolar Disorder II by a DOE Psychologist (DOE Psychologist). At the hearing, the individual presented testimony from a consulting psychiatrist (Consulting Psychiatrist) who opined that the individual was in remission and had been very proactive in seeking and continuing treatment for her disorder. The Consulting Psychiatrist also testified that the individual no longer had a mental illness that could cause a significant defect in judgment and reliability. The DOE Psychologist testified that there was a very low risk that the individual’s Bipolar Disorder would lead to future defects in judgment and reliability. Given the evidence in the record, the Administrative Judge found that the individual had resolved the security concerns arising from her diagnosis of Bipolar Disorder II and that she should be granted a security clearance.  OHA Case No. PSH-15-0043 (Richard Cronin) 

Freedom of Information Act Appeal

On September 16, 2015, OHA issued a decision denying a FOIA Appeal filed by Julie Reddick (Appellant) from a determination issued to her by the DOE’s Office of Information Resources (OIR). In the Appeal, the Appellant challenged the adequacy of the OIR’s search for the requested document. OHA found, however, that no additional search was necessary because the requested document did not exist. Accordingly, OHA denied the Appeal. OHA Case No. FIA-15-0047