Personnel Security (10 CFR Part 710)

On September 11, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored.  The LSO referred the individual to a DOE consulting psychiatrist following a workplace incident. The psychiatrist opined that (1) the individual met the diagnostic criteria set forth in the DSM-5 for Delusional Disorder, Persecutory Type, and for Bipolar I Disorder, most recent episode manic, in full remission, and (2) these disorders either did cause or could cause a significant defect in the individual’s judgment or reliability. At the hearing, the individual testified that she did not believe she had any psychological disorder and argued that the DOE psychiatrist had confused a workplace conflict and her history of physical health issues for mental health disorders. She had not sought treatment for psychological disorders, since she did not believe they existed, and she presented no evidence from a mental health professional to support her earnestly held beliefs. Under these circumstances, the Administrative Judge found that the individual had not resolved the security concerns with her mental condition, arising under Criterion H.  OHA Case No. PSH-15-0047 (Wade M. Boswell)

Application for Exception

On September 10, 2015, OHA issued a decision vacating a prior decision issued on April 9, 2015, denying an Application for Exception filed by Vaughn Thermal Corporation (Vaughn).  Vaughn Thermal Corp., OHA Case No. EXC-14-0003 (April 9, 2015) (Vaughn Exception Decision).  On May 11, 2015, Vaughn filed a Petition ("Vaughn Petition") with the Federal Energy Regulatory Commission (FERC), seeking review of the Vaughn Exception Decision, in accordance with FERC’s regulations.  However, on September 2, 2015, Vaughn, the Department of Energy (DOE), and the intervenors in the FERC proceeding entered into a Stipulation and Notice of Withdrawal of Pleadings, that specified mutual actions by the parties that effectively render moot FERC’s review as well as Vaughn’s underlying Application for Exception.  Accordingly, OHA vacated the Vaughn Exception Decision.  OHA Case No. EXR-14-0003