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Summary of Decisions - September 24, 2012 – September 28, 2012

September 28, 2012 - 2:11pm


Personnel Security Hearing (10 CFR Part 710)


On September 24, 2012, an OHA Hearing Officer issued a decision in which he determined that an individual’s DOE access authorization should not be restored.  The individual had a history of four arrests, one of which was alcohol-related.  A DOE Psychologist diagnosed the individual with Alcohol-Related Disorder, Not Otherwise Specified.  Based upon the documentary evidence and testimony presented at the hearing, the Hearing Officer found that the individual had not mitigated any of these security concerns.  OHA Case No. PSH-12-0068 (Steven L. Fine, H.O.)

Freedom of Information Act Appeal


On September 27, 2012, OHA issued a decision denying an FOIA appeal (Appeal) from a determination issued by DOE’s Loan Guarantee Program Office (LGPO). California-Arizona-Nevada District Organization Contract Compliance, the Appellant, requested a copy of documents relating to the loan guarantee contract for the Tonopah Solar Energy Project. Specifically the Appellant requested the Technical Information Section C-Part II, the engineering and construction plans, a copy of the list of engineering and design contractors and the construction contractors selected to perform the construction of the project.  LGPO provided the Appellant with seven pages of a document entitled “Solar Reserve – Project Tonopah U.S. DOE Title XVII Loan Guarantee Program – Part I Application” (Tonopah Document).  LGPO withheld parts of four pages pursuant to Exemption 4. The Appellant appealed what it believed to be the withholding of the names of the contractors contained in the pages. Upon its review of the unredacted seven pages, OHA found that the withheld information contained no information relating to the names of the contractors involved in the Tonopah Solar Energy Project. As a result, OHA found that the challenge the Appellant raised in its appeal of LGPO’s determination regarding these four pages lacked a factual basis and the Appeal was denied. OHA Case No. FIA-12-0054