PSH-23-0025 In the Matter of Personnel Security Hearing

On March 14, 2023, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. In July 2022, the Individual was arrested for Driving While Intoxicated (DWI), after consuming eight beers and a shot of tequila. In August 2022, a DOE consulting Psychologist evaluated the Individual and opined that he consumes "alcohol to a point where impaired judgment is an issue of concern as evidenced in his recent DWI." The DOE Psychologist recommended that the Individual first enroll in an eight-week Intensive Outpatient Program (IOP), consisting of both Individual and group counseling. Id. Following the successful completion of IOP, the Individual should continue with aftercare and attend Alcoholics Anonymous (AA) at least twice a week. Id. The DOE Psychologist asserted that the Individual should continue his aftercare for a year from July 2022, along with remaining abstinent. Id. Finally, the DOE Psychologist recommended ongoing random drug testing, which should include random PEth tests at about six-week intervals. Id. At the hearing, the Individual acknowledged his problematic alcohol consumption and has brought forth documentation and testimonial evidence establishing that he has taken significant steps to overcome his problem. He provided evidence through the testimonies of his wife and friend that he has not consumed alcohol since his DWI. Moreover, the Individual provided alcohol testing to support his claim of abstinence. Further, his co-worker and his aftercare counselor testified that he completed an IOP and is regularly attending aftercare twice a week. The DOE Psychologist opined that the Individual's efforts were sufficient to establish reformation and that the Individual had a good prognosis for avoiding a return to problematic alcohol consumption. The aftercare counselor also testified that the Individual had a very good prognosis.  The Administrative Judge found that the Individual mitigated the concerns raised by his DWI. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-23-0025, Fishman)