Personnel Security (10 CFR Part 710)

On February 17, 2016, an OHA Administrative Judge issued a decision in which he determined that an individual’s request for DOE access authorization should not be granted.  A local security office (LSO) found that the Internal Revenue Service (IRS) had filed tax liens against the individual in 2010 and 2013, totaling $157,873.09, and a state government had filed a tax lien against him for $15,400.46.  In addition, the LSO found that the individual: (1) failed to file a federal tax return or pay his federal taxes for tax years 1978 through 1992, and 2002, (2) failed to file his state tax returns or pay state taxes for tax years 1989 through 1992, and (3) had a tax lien of $42,150.18 placed against him for unpaid federal taxes from tax years 2007, 2008, and 2009.  The individual further admitted that, during the period starting in 1972 and continuing until 2004, he had falsely claimed on his tax withholding forms that he was married, when he was actually single, and claimed ten deductions when he had no actual dependents.  The individual attempted to resolve or mitigate the security concerns raised by his financial responsibility, judgment, reliability, and trustworthiness by submitting documentation showing that he had made two payments of $1,000 each to the IRS under an installment payment agreement.  The Administrative Judge, however, was not convinced by the individual’s contentions and found that he exhibited a profound lack of judgment and trustworthiness, and an unwillingness to comply with laws, when he chose to evade his tax responsibilities.  Accordingly, the Administrative Judge found that the individual had not resolved the security concerns.  OHA Case No. PSH-15-0093 (Steven L. Fine)

Freedom of Information Act (FOIA) Appeal

On February 16, 2016, OHA denied a FOIA Appeal filed by Wayne C. Brunsilius, Sr. (Appellant) of a determination issued by the Office of Legacy Management (OLM).  In the Appeal, the Appellant challenged OLM’s search for responsive documents.  When contacted by OHA, OLM stated that its subject matter expert searched the OLM Electronic Recordkeeping System (ERKS) for potentially responsive information.  OLM utilized multiple search terms to attempt to locate responsive documents.  OHA found that OLM’s search was adequate and no responsive documents were possessed by OLM.  OHA therefore denied the Appeal.  OHA Case No. FIA-16-0018 

Applications for Stay

On February 17, 2016, OHA denied an Application for Stay filed by Fluke Corporation (Fluke). 

On February 17, 2016, OHA denied an Application for Stay filed by Tektronix, Inc. (Tektronix). 

On February 18, 2016, OHA denied an Application for Stay filed by Avocent Corporation (Avocent).