Personnel Security (10 CFR Part 710)

On October 27, 2014, an OHA Administrative Judge issued a decision in which she determined that an individual’s access authorization should not be restored.  In reaching this determination, the Administrative Judge found that the individual had not resolved the security concerns arising from her alcohol use and diagnosis by a DOE psychologist that she suffered from alcohol dependence.  At the hearing, the individual testified that she had been abstinent since February 2014 and had attended an intensive outpatient treatment program.  Prior to February 2014, the individual was consuming approximately a half pint of vodka every day.  The DOE psychologist commended the individual’s current alcohol treatment program, but opined that she does not have enough time in abstinence.  At the time of the hearing, the individual had seven months of abstinence but both the DOE psychologist and her counselor agreed that she required twelve months of abstinence to be considered rehabilitated or reformed from her alcohol dependence.  On this basis, the Administrative Judge concluded that the individual had not sufficiently mitigated the Criteria H and J security concerns and that her access authorization should not be restored.  OHA Case No. PSH-14-0075 (Janet R. H. Fishman)

On October 27, 2014, an Administrative Judge issued a decision in which he determined that an individual’s security clearance should not be restored. In reaching this determination, the Administrative Judge found that the individual had resolved security concerns under Criterion F regarding a false answer to a question in a Questionnaire for National Security Positions relating to whether the individual had filed 2012 federal and state tax returns. In making this determination, the Administrative Judge found that the individual had relied on errant advice from a tax preparer. However, the Administrative Judge found that the individual had not resolved the Criterion L concern arising from his history of financial problems. Regarding the Criterion L concern, the Administrative Judge found that the individual had made recent changes in his lifestyle to try to resolve his financial problems. However, the individual’s efforts had only recently begun and the individual had not demonstrated a period of good financial management sufficient to resolve the concern relating to his history of past due credit accounts. Consequently, the Administrative Judge found that the individual’s security clearance should not be restored at this time.  OHA Case No. PSH-14-0077 (Richard Cronin)

Freedom of Information Act (FOIA) Appeal

On October 27, 2014, OHA issued a decision denying an Appeal filed by Martin Becker (the Appellant) of a FOIA determination issued to him by DOE’s Office of Information Resources (OIR).  OIR issued a determination in which it identified and released various documents responsive to the Appellant’s request, but withheld portions of some documents pursuant to FOIA Exemptions 5 and 6.  In his Appeal, the Appellant challenged the applicability of Exemption 5 to the withheld information.  Upon review of the documents, OHA concluded that OIR properly applied the attorney-client and deliberative process privileges to the withheld information and, therefore, the information was properly withheld under Exemption 5.  OHA Case No. FIA-14-0068