PSH-22-0106 - In the Matter of Personnel Security Hearing

On October 21, 2022, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In October 2021, the Individual tested positive on a random workplace alcohol test. Following an investigation by the Individual's employer, he was disciplined for testing positive on the workplace alcohol test and for providing inconsistent information concerning his alcohol consumption prior to the workplace alcohol test. The Individual was subsequently evaluated by a DOE-contracted Psychologist (DOE Psychologist) who opined that the Individual binge consumed alcohol to the point of impaired judgment. At the hearing, the Individual established that he had participated in counseling and educational courses related to alcohol misuse and represented that, but for one lapse, he had abstained from alcohol for eight months. The DOE Psychologist opined that the Individual had not demonstrated rehabilitation or reformation, and that his prognosis for avoiding problematic alcohol consumption in the future was "less than average," because the Individual had not participated in sufficiently rigorous treatment or undergone alcohol testing to corroborate his abstinence from alcohol. In light of the serious risks presented to national security by the Individual's impairment in the workplace, and the DOE Psychologist's unfavorable opinion, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0106, Harmonick)