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TSO-1013 - In the Matter of Personnel Security

The individual works for a Department of Energy (DOE) contractor and is an applicant for a DOE access authorization. In the report of a background investigation, the Office of Personnel Management noted that the individual had a history of anger, unusual behaviors, animal abuse, illegal drug use, court-ordered anger management, and counseling. The Local Security Office (LSO) interviewed the individual on June 9, 2010, regarding these concerns in a Personnel Security Interview (PSI). Because the LSO could not resolve these issues to its satisfaction, it referred the individual to a DOE consultant psychiatrist (the DOE psychiatrist) for evaluation. Based on that evaluation and her review of the individual’s personnel security file, the DOE psychiatrist diagnosed the individual as suffering from Bipolar Disorder Type I and Alcohol Abuse. The LSO then determined that derogatory information existed that cast into doubt the individual’s eligibility for access authorization. The LSO informed the individual of this determination in a Notification Letter that set forth the DOE’s security concerns and the reasons for those concerns. Exhibit 1. The Notification Letter also informed the individual that he was entitled to a hearing before a Hearing Officer in order to resolve the substantial doubt concerning his eligibility for access authorization. The individual requested a hearing on this matter. The LSO forwarded this request to OHA, and I was appointed the Hearing Officer. The DOE introduced seven exhibits into the record of this proceeding and presented the testimony of the DOE psychiatrist at the hearing. The individual introduced three exhibits and presented the testimony of three witnesses in addition to his own testimony.