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PSH-11-0001 - In the Matter of Personnel Security Hearing

The Individual is employed by a DOE contractor and has held a DOE access authorization for anumber of years. Exhibit (Ex.) 18 at 8. During the period August 2009 through November 2009,the Individual went to his office in a secured building late at night during non-duty hours. Ex. 15.Further, the Individual had made several unauthorized purchases from his government-issuedcredit card during that period. Ex. 15. In explaining these events to his superiors, the Individual asserted that the incidents were a result of his experiencing a manic episode of his Bipolar Disorder. Ex. 15 at 7. This disclosure prompted the Local Security Office (LSO) to conduct aJanuary 2010 Personnel Security Interview (2010 PSI) with the Individual. Ex. 20. After the PSI,the LSO referred the Individual to a DOE consultant-psychiatrist (DOE Psychiatrist) for an evaluation. TheDOE Psychiatrist examined the Individual in July 2011 and issued a report(Report). Ex. 3.1 Access authorization, also known as a security clearance, is an administrative determination that an individual is eligible for access to classified matter or special nuclear material. 10 C.F.R. § 710.5.- 2 -After reviewing the Individual’s personnel security file, the LSO informed the Individual in anAugust 2011 Notification Letter that there existed derogatory information that raised security concerns under 10 C.F.R. § 710.8 (h) and (l) (Criteria H and L, respectively). See Ex. 1(Notification Letter). The Notification Letter also informed the Individual that his security clearance was being suspended and that he was entitled to a hearing before a Hearing Officer inorder to resolve the security concerns.

Richard Cronin - Hearing Officer

Reversed (OS July 27, 2012)