Personnel Security Hearing (10 CFR Part 710)

On August 9, 2016, an Administrative Judge issued a decision in which she determined that an individual's access authorization should not be restored.  In October 2015, as part of a background investigation, the Local Security Office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns about his falsifications and alcohol use.  In addition to the PSI, the LSO requested the individual’s medical records and recommended a psychological evaluation of the individual by a DOE psychologist.  According to the DOE psychologist, the individual suffers from Alcohol-Related Disorder Not Otherwise Specified.  She also concluded that the individual has a history of omitting critical and required information from security questionnaires or providing misinformation when it is to his advantage to do so.  The DOE psychologist further concluded that the individual’s Alcohol-Related Disorder as well as his issue related to his candor are mental illnesses that cause or may cause a significant defect in his judgment and reliability.  During the hearing, the individual was questioned about omissions he made on his Questionnaires for National Security Positions (QNSPs).  He readily admitted that he deliberately failed to list his 2007 Chapter 13 Bankruptcy from a 2010 QNSP, but asserted that he rushed in completing his QNSPs and did not intentionally omit other significant information related to his alcohol use and finances.  With respect to his alcohol use, the individual asserted that he successfully completed an Intensive Outpatient Treatment program, is receiving counseling in an aftercare program and regularly attends AA.  He further testified that he has abstained from alcohol for about four months. Although the individual acknowledged his behavior regarding his omissions, the Administrative Judge did not find the individual’s testimony to be credible and was not convinced that his behavior is unlikely to recur. Thus, she found that the individual had not sufficiently resolved the security concerns associated with Criterion F.  With respect to the individual’s alcohol issues, she was persuaded by the testimony of the DOE psychologist that the individual still has a current alcohol problem and has not yet achieved adequate evidence of rehabilitation.  Accordingly, the Administrative Judge found that the individual had not yet resolved the DOE’s security concerns under Criteria H and J.  OHA Case No. PSH-16-0032 (Kimberly Jenkins-Chapman)

Contractor Employee Protection (10 CFR Part 708)

On August 12, 2016, OHA granted an Appeal of a dismissal of a Complaint filed by Mr. Charles Dalton against BWX Technologies, Inc. (BWXT) under the DOE’s Contractor Employee Protection Program, 10 CFR Part 708. In his Complaint, Mr. Dalton alleged that he reported to the Nuclear Regulatory Commission (NRC) and the DOE’s Inspector General (IG) various problems with the techniques used by BWXT to inspect the fuel elements it supplies to its customers, including DOE. He further alleged that, in response to his disclosures to the NRC and the IG, managers at BWXT criticized him for his disclosures in a memo sent to colleagues and that a manager threatened to take disciplinary action. In its dismissal, the IOO concluded that Mr. Dalton had not alleged that BWXT took some adverse action that could qualify as retaliation under Part 708. However, OHA found that considering all materials in a light most favorable to Mr. Dalton, it could not conclude that Mr. Dalton had failed to allege an act of retaliation. Accordingly, OHA granted the Appeal and remanded the matter to the IOO for further processing.  OHA Case No. WBU-16-0007