Decisions were issued on: - Personnel Security (10 CFR Part 710) - Freedom of Information Act Appeal
Office of Hearings and Appeals
September 4, 2015
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Personnel Security (10 CFR Part 710)
On September 2, 2015, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored. A local security office had alleged that individual’s history of an alcohol-related arrest and excessive alcohol consumption, as well as an opinion by a DOE psychologist that he was a user of alcohol habitually to excess, which causes or may cause a significant defect in the individual’s judgement and reliability, raised concerns about the individual’s eligibility to maintain a security clearance. At the hearing, the individual showed that he has discontinued using alcohol, has attended and satisfactorily completed an Intensive Outpatient Treatment Program, has received one-on-one counseling, and has been regularly attending an aftercare program. On the basis of this information, the DOE psychologist testified that the individual had achieved adequate rehabilitation and reformation from his use of alcohol habitually to excess. Accordingly, the Administrative Judge concluded that the security concerns raised by the individual’s arrest and habitual use of alcohol to excess were resolved. OHA Case No. PSH-15-0041 (Steven L. Fine)
Freedom of Information Act (FOIA) Appeal
On August 31, 2015, OHA denied a FOIA Appeal filed by Anthony Rivera (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged NNSA’s withholdings of information in responsive documents, under FOIA Exemption 5. OHA found, however, that NNSA properly withheld the information under the Exemption, and therefore denied the Appeal. OHA Case No. FIA-15-0045