Summary of Decisions - November 30, 2015 – December 4, 2015

Personnel Security (10 CFR Part 710)

On December 1, 2015, an Administrative Judge issued a decision in which she determined that an individual's access authorization should be restored.  The individual was arrested and charged in November 2014 for Aggravated Driving While Intoxicated (DWI) and Reckless Driving, charges that were later dismissed because a jury found no evidence that the individual was in the driver’s seat at the time of the accident.  While he was not driving, the individual admitted that he was in the care and had been drinking alcohol before the arrest.  The individual was also involved in four other alcohol-related incidents.  After an interview conducted by the Local Security Office, at which he described his past and current alcohol consumption patterns, he was referred to a DOE consultant psychologist for an evaluation.  In his evaluative report, the psychologist diagnosed the individual with Alcohol Abuse for the period 1994 through 1998.  He further concluded that the individual continued to drink habitually to excess until at least 2005.  While the psychologist found that the individual still occasionally drank to a significant level of intoxication, he did not believe that the individual warranted a diagnosis under the DSM-IV.  He found that there was adequate evidence of rehabilitation as the individual’s drinking to intoxication about once a year indicated an appropriate degree of control.  The psychologist concluded that the individual did not have an illness or mental condition of a nature which causes or may cause a significant defect in judgment or reliability.  At the hearing, with respect to his 2014 DWI, the individual presented credible testimony and documentary evidence that he was not driving the car at the time of the incident.  With respect to the four other alcohol-related incidents, the Administrative Judge found that over 17 years had elapsed since the criminal behavior occurred, and therefore that these incidents have been mitigated by time.  She further found that these incidents do not cast doubt on the individual’s reliability, trustworthiness or good judgment. The Administrative Judge therefore concluded that the individual had resolved the security concerns relating to his alcohol-related arrests and incidents.   OHA Case No. PSH-15-0066 (Kimberly Jenkins-Chapman)

Freedom of Information Act (FOIA) Appeal

On December 4, 2015, OHA granted a FOIA Appeal filed by Greg Marlowe from a determination issued to him by the DOE Office of Information Resources (OIR). In the Appeal, the Appellant challenged the redactions made in the responsive documents.  In considering the appeal, OHA found that the redactions made under FOIA Exemptions 5 and 6 were overbroad and, in some cases, improper. OHA remanded the responsive documents to OIR to reconsider the breadth of their use of these exemptions. OHA Case No. FIA-15-0065