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PSH-11-0021 - In the Matter of Personnel Security Hearing

The individual currently is employed by a DOE contractor, and that contractor has requested that he receive a DOE security clearance. Based on issues contained in the individual’s security file, the Local Security Office (LSO) conducted a Personnel Security Interview with the individual in May 2011 (the 2011 PSI, DOE Ex. 17). In July 2011, a DOE-consultant psychiatrist evaluated the individual, and memorialized her findings in a Psychological Evaluation Report (the Report, DOE Ex. 6). In October 2011, the LSO issued a Notification Letter to the individual, together with a Summary of Security Concerns (Enclosure 2) setting forth the information that created a substantial doubt about the individual’s eligibility to hold a DOE security clearance. (DOE Ex. 1). Specifically, the LSO states that a DOE-consultant psychiatrist (the DOE-consultant Psychiatrist) concluded that the individual has been and continues to be a user of alcohol habitually to excess, without adequate evidence of rehabilitation or reformation. The LSO cites this finding and the individual’s history of legal problems with alcohol from 1993 until 2002 as raising security  concerns under the provisions of 10 C.F.R. § 710.8 (j) (Criterion J). In addition, the LSO finds that the individual has a pattern of criminal conduct from 1994 until 2010 that indicates a disregard for laws, rules and regulations that raises concerns under 10 C.F.R. § 710.8(l) (Criterion L). Enclosure 2, DOE Ex. 1. The individual requested a hearing (hereinafter “the hearing”) to respond to the concerns raised in the Notification Letter. On November 28, 2011, the Office of Hearings and Appeals Director appointed me the Hearing Officer in this case. At the hearing I convened in this matter, I received testimony from twelve witnesses. The LSO presented the testimony of the DOEconsultant Psychiatrist. The individual testified and presented the testimony of his girlfriend, his girlfriend’s mother and father, his mother, his sister, his alcohol counselor, his employing company’s owner, his general supervisor, his project supervisor, and a co-worker. Discussion at the hearing centered on the individual’s misuse of alcohol and his past conduct that formed the bases for the LSO’s Criteria J and L concerns, as well as the individual’s recent conduct and efforts to address these issues.