Personnel Security (10 CFR Part 710)

On October 3, 2014, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should be restored.  Following the individual’s employer receiving a warrant to garnish her wages for unpaid state income tax debt, the individual sought psychological evaluation to understand her financial dysfunctions and was diagnosed with Post-Traumatic Stress Disorder, originating with events in her childhood. A DOE psychologist agreed and stated that the individual’s “financial problems stem from her psychological condition of PTSD” and that the PTSD was a mental illness that causes, or may cause, a significant defect in her judgment or reliability. The LSO suspended the individual’s access authorization for security concerns arising under Criteria H and L. The individual aggressively sought psychological counseling and treatment for her PTSD, and received financial management training and engaged a financial counselor to assist her to restructure and resolve her debt.  At the hearing, the DOE psychologist, who observed that the individual had been without symptoms of the PTSD for at least six months and had adhered to her treatment recommendations, opined that the individual no longer had an illness or mental condition affecting her judgment or reliability, including with respect to finances. The Administrative Judge, who noted, inter alia, the professional opinions that the individual’s financial problems originated with her untreated PTSD and the psychological and financial counseling received by the individual, held that that individual had sufficiently mitigated the security concerns arising under Criteria H and L. OHA Case No. PSH-14-0060 (Wade M. Boswell)

Freedom of Information Act Appeal

On September 29, 2014, OHA issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the DOE’s Office of Inspector General (OIG). The Appellant, Tim Hadley, contested the adequacy of OIG’s search for responsive documents.  The Appellant sought records pertaining to Progress Energy’s request for reimbursement under DOE’s American Recovery and Reinvestment Act grant.  OHA reviewed OIG’s description of its search.  While OIG stated that it already provided responsive documents to the Appellant in an earlier, related FOIA Request, it conducted an additional search of the web and audit files and it contacted audit division directors. OHA thus determined that OIG conducted an adequate search for responsive documents and denied the Appeal. OHA Case No. FIA-14-0051