Decisions were issued on: - Personnel Security - FOIA Appeal
Office of Hearings and Appeals
May 3, 2024
minute read time
FOIA Appeal (FIA)
Freedom of Information Act; Adequacy of the Search; Appeal Denied
On May 1, 2024, the Office of Hearings and Appeals (OHA) denied the Freedom of Information Act ( FOIA) Appeal filed by Anna Noteboom (Appellant) from a determination letter issued by the Department of Energy's (DOE) National Nuclear Security Administration (NNSA). In the determination letter, NNSA stated that the computer file location Appellant had given for the requested records no longer existed. On appeal, the Appellant challenged the adequacy of NNSA's search and argued that the requested records should have been preserved under a record schedule. We found that NNSA had attempted to search the location Appellant had requested be searched, following the file path she provided until it was no longer possible to do so. Accordingly, we found that the search was reasonable. For this reason, we deny the appeal. (OHA Case No. FIA-24-0019)
Personnel Security Hearing (PSH)
Access Authorization Restored; Guideline G (Alcohol Consumption), Guideline J (Criminal Conduct)
On May 1, 2024, an Administrative Judge with the Department of Energy's (DOE) Office of Hearings and Appeals determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. In June 2023, the Individual was arrested and charged with Driving Under the Influence (DUI). DOE asked the Individual to undergo a psychological evaluation with a DOE-contracted psychologist ( Psychologist). The Psychologist opined that the Individual habitually binge consumed alcohol to intoxication and that he was not rehabilitated or reformed. The Individual presented testimony and evidence that he began attending an Intensive Outpatient Treatment Program and was seeing a therapist. He also presented testimony and evidence that he had not consumed alcohol since his DUI . He testified that he intended to abstain from alcohol indefinitely. The DOE Psychologist opined at the hearing that the Individual was rehabilitated and reformed. The Individual's criminal case was not yet resolved but due to his abstinence, it was unlikely that he would drink and drive in the future . Therefore, the Administrative Judge found that the Individual had mitigated the concerns arising from the Guidelines G and J. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guidelines G and J. (OHA Case No. PSH-24-0045, Martin) (OHA Case No. PSH-24-0045, Martin)
Access Authorization Not Restored; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption); Guideline J (Criminal Conduct)
On May 1, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The DOE Local Security Office suspended the Individual's security clearance application after it discovered that she had been involved in a number of alcohol-related criminal charges, diagnosed with Alcohol Use Disorder, Mild, and she failed to report prior criminal charges.
At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guidelines E, G, and J. The AJ also determined that the Individual put forth sufficient evidence to resolve the Guideline G and J security concerns but failed to put forth sufficient evidence to resolve the Guideline E security concerns. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0026, Thompson) (OHA Case No. PSH-24-0026, Thompson III)