Personnel Security Decision  (10 CFR Part 710)

On January 23, 2013, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should not be granted.  A local security office (LSO) had alleged that the individual: (1) is currently in possession of an active passport issued by a foreign country, which may indicate that he has a preference for that country over the United States; (2) is married to an undocumented alien; (3) continues to associate with his in-laws, who are also undocumented aliens; and (4) attempted to conceal his wife and in-laws’ immigration status during a background interview.  Based upon his assurances and tenuous connection to the foreign country, the individual was able to resolve the security concerns raised by his possession of a foreign passport.  However, the Administrative Judge found that the individual’s association with undocumented aliens raised security concerns which he failed to resolve at the hearing.  More specifically, the Administrative Judge concluded that the individual had not sufficiently mitigated the security concerns with his honesty, reliability and trustworthiness arising from his concealment of his family members’ immigration status.  OHA Case No. PSH-14-0097 (Steven L. Fine)

Freedom of Information Act (FOIA) Appeals

On January 21, 2015, OHA issued a decision denying a FOIA Appeal filed by Allegheny Defense Project (Appellant) of a determination issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s withholdings of information from documents responsive to the Appellant’s FOIA request, under FOIA Exemptions 4 and 5.  OHA found, however, that OIR properly withheld the information under both exemptions.  OHA therefore denied the Appeal.  OHA Case No. FIA-14-0085

On January 21, 2015, OHA denied a FOIA Appeal filed by Cheng Che Chen (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA).  In the Appeal, the Appellant challenged NNSA’s search for responsive documents.  Upon review of the Appeal, OHA found that NNSA conducted a search reasonably calculated to uncover responsive material.  Accordingly, OHA denied the Appeal.  OHA Case No. FIA-14-0086

On January 23, 2015, OHA denied a FOIA Appeal filed by Carolyn Epps of two determinations issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s application of FOIA Exemptions 5 and 6 to withhold deliberative communications, attorney work product, and information that would invade the privacy of DOE employees.  OHA found that OIR had properly withheld the redacted information pursuant to these exemptions.  OHA Case No. FIA-15-0001