DOE should not grant an individual access authorization. As security concerns under 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s history of criminal conduct, financial problems, and past use of alcohol habitually to excess. The LSO also cited the report of a DOE Psychologist, in which he identified the individual’s lack of control over his spending and use of alcohol as a mental condition that causes a significant defect in his judgment and reliability. The Hearing Officer found that (1) the individual had not resolved the concerns raised by his problematic use of alcohol, as he had received no treatment in the six months since being arrested for DWI, and had previously relapsed after abstaining from alcohol for six years; (2) the individual had not resolved the concerns raised by his criminal conduct to the extent that the arrests at issue were related to his use of alcohol, (3) the individual had not resolved the financial concerns raised, because he had essentially taken no action to resolve his indebtedness, with the exception of filing for bankruptcy in 2003, after which he simply accumulated more debt, which he had no significant attempt to repay; and (4) the individual had not resolved the concerns raised under by the DOE Pyschologist’s report, particularly given the psychologist’s testimony that there was a high likelihood that the individual will continue to have significant defects in his judgment and reliability.
Steven Goering - Hearing Officer