Summary of Decisions - December 16, 2024 - December 20, 2024

FOIA Appeal (FIA)

FOIA Appeal; Adequacy of the Search; Denied

On December 20, 2024, the Office of Hearings and Appeals (OHA) denied a Freedom of Information ( FOIA) appeal filed by Rachel Santarsiero (Appellant) from a determination letter issued by the Department of Energy's (DOE) Office Public Information (OPI). In the determination letter, OPI stated that a search was conducted, but no responsive records were located. On appeal, the Appellant challenged the adequacy of the search. After consideration, OHA concluded that OPI's search was reasonably calculated to uncover all relevant documents. Accordingly, OHA denied the appeal. (OHA Case No. FIA-25-0010)

Personnel Security Hearing (PSH)

Access Authorization Not Restored; Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse)

On December 17, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was granted access authorization in 2018 after having disclosed an extensive history of illegal drug use. In 2019, while possessing access authorization, the Individual began illegally using fentanyl. The Individual submitted a Questionnaire for National Security Positions (QNSP) in 2023 as part of a routine reinvestigation of his eligibility for access authorization. In the QNSP, the Individual disclosed his illegal fentanyl use and the fact that he had received inpatient drug treatment in 2022. At the hearing, the Individual brought forth information to show that he had received treatment, abstained from illegal drug use since 2022, and established a support network that would prevent him from relapsing into illegal drug use. However, in light of the circumstances in which the Individual began illegally using fentanyl, the Individual's failure to timely disclose his illegal drug use even after receiving treatment, and hearing testimony that called into question the Individual's honesty, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E or H. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24- 0175, Harmonick)

Access Authorization Not Restored; Guideline G (Alcohol Consumption)

On December 20, 2024, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE Contractor in a position that requires her to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's DWI arrest that, when taken in conjunction with her two previous DWI/DUI arrests and previous alcohol-related citation, indicated that the Individual had a maladaptive relationship with alcohol. The Individual took action to address her alcohol consumption. However, the Individual would not acknowledge that she had a problem with alcohol or identify herself as an alcohol. She also stated that she would continue to contemplate returning to alcohol use. Since the Individual has continued to exhibit poor judgment concerning alcohol, I find the risk that the Individual will return to alcohol to be too great to resolve the security concerns raised under Guideline G. I therefore find that the Individual has not resolved the security concerns raised under Guideline G. (OHA Case No. PSH-24-0095, Fine)