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Summary of Decisions - February 4, 2013 - February 8, 2013

February 8, 2013 - 8:20am


Personnel Security Hearing (10 CFR Part 710)

On February 4, 2013, an OHA Hearing Officer issued a decision in which she concluded that an individual’s security clearance should be restored.  A Local Security Office suspended the individual’s security clearance after concerns were raised about his possible falsification of information provided on security questionnaires and past drug use.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer found that the individual had presented sufficient evidence to resolve these security concerns.  Specifically, with respect to the individual’s omissions on security forms, she found that the requisite element of “deliberateness” was lacking.  The Hearing Officer further concluded that the individual’s past use of illegal drugs is unlikely to recur, that the individual brought forward sufficient evidence to demonstrate that he is reliable and trustworthy, and that he is no longer subject to pressure, coercion, exploitation or duress.  OHA Case No. PSH-12-0120 (Kimberly Jenkins-Chapman, H.O.)

Freedom of Information Act Appeal

On February 4, 2013, OHA issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the DOE Office of Intelligence and Counterintelligence (IN).  Among other grounds for its appeal, the Appellant appealed the OIR’s decision to withhold portions of the released documents pursuant to FOIA Exemption 6.  After IN informed OHA about the sensitive nature of the redacted information, OHA determined that there was a privacy interest in withholding that information as it contained the names of individuals who were involved with the production of a classified document.  Thus, OHA denied the Appeal.  OHA Case No. FIA-13-0003

Application for Exception

On February 5, 2013, OHA issued a decision granting an Application for Exception filed by Feit Electric Company (Feit) for relief from the provisions of 10 C.F.R. Part 430, Energy Conservation Program: Energy Conservation Standards and Test Procedures for General Service Fluorescent Lamps and Incandescent Reflector Lamps (Lighting Efficiency Standards).  In its exception request, Feit asserted that it will suffer a serious hardship, gross inequity and an unfair distribution of burdens if required to adhere to the new Lighting Efficiency Standards, effective July 14, 2012 (2009 Final Rule), with respect to its 700 series T8 General Service Fluorescent Lamps (GSFL).  Specifically, Feit cited a previous OHA decision in which OHA granted exception relief to Philips Lighting Company (Philips), GE Lighting (GE) and Osram Sylvania, Inc. (OSI), as well as several subsequent cases granting similar relief to other manufacturers, and maintained that Feit will be at an unfair competitive disadvantage if relief is granted to Philips, GE, and OSI, and other manufacturers, but not to Feit.  OHA agreed and determined that granting Feit exception relief was warranted in order to prevent inequities among the domestic lighting manufacturers.  Accordingly, consistent with its prior decisions, OHA granted exception relief to Feit authorizing it to continue to manufacture 700 series T8 GSFLs subject to the previously applicable efficiency standards for a period of two years from the effective date of new standards, until July 14, 2014.  OHA Case No. EXC-13-0001