FOIA Appeal (FIA)

Freedom of Information Act (FOIA) Appeal; Appeal Denied; Exemption 5 On August 25, 2020, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by Rachel Frazin of The Hill (Appellant) from a final determination issued by the Department of Energy's Office of Public Information (OPI). On Appeal, the Appellant alleged that the exemption was applied incorrectly or broadly because some of the redacted portions of the document, like the purpose and background, had
already been established and were, therefore, not part of a decision-making process. The Appellant also argued that the DOE's refusal to release this information to the public
effectuates more harm that the possible harm caused to future deliberations. After review, OHA determined that OPI appropriated redacted portions of the document pursuant to
exemption 5, as they were predecisional and deliberative in nature. Further, the OHA did not accept the Appellant's argument that the possibility of harming future deliberations between subordinates and their superiors with the release of this information is remote. The OHA also determined that the potentially releasable portions of the document at issue were inextricably intertwined with the exemption 5 protected information, and as such were not required to be released. OHA Case No. FIA-20-0042 

Personnel Security Hearing (PSH)

Personnel Security; Access Authorization Restored; Guideline H (Drug Involvement and Substance Misuse)
On September 2, 2020, an Administrative Judge determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual was employed by
a DOE contractor in a position that required a security clearance. The DOE obtained information that the Individual failed a random drug test by testing positive for marijuana.
During the hearing, the Administrative Judge found that the Individual provided a credible explanation for the positive drug test based on his use of Cannabidiol (CBD) oil, which
contained trace amounts of THC. The Individual had consulted his doctor and employer regarding the parameters around the use of CBD, and two experts concluded that the THC
in his system could have resulted from his reported use of the lab-analyzed CBD oil. The Administrative Judge found that the Individual's behavior that resulted in his positive drug test
happened under such circumstances that it is unlikely to recur and does not cast doubt on his current good judgment. Consequently, the Administrative Judge found that the Individual
mitigated the Guideline H concerns and that the Individual's access authorization should be restored. OHA Case No. PSH-20-0020 (James P. Thompson III).