PSH-23-0023 - In the Matter of Personnel Security Hearing

On April 6, 2023, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. In May 2022, the Individual failed to report to an employer mandated breath alcohol test (BAT) in a timely fashion. In August 2022, a DOE consulting Psychologist evaluated the Individual and diagnosed the Individual with Unspecified Alcohol -Related Disorder. The DOE Psychologist recommended that the Individual complete the abbreviated Intensive Outpatient Program (IOP) that she was enrolled in at the time of the interview and continue with her aftercare plan. Following the successful completion of the IOP, the DOE Psychologist indicated that the Individual should complete at least two months of "vigorous" therapy and attend Alcoholics Anonymous (AA) at least four times a week. She also recommended that the Individual's AA attendance should be documented, and that the Individual should work on the 12 steps with a sponsor. Finally, the DOE Psychologist recommended ongoing monthly PEth tests. At the hearing, the Individual acknowledged her problematic alcohol consumption.  She testified that she attends therapy once a week, aftercare once a week, and several AA meetings a week.  She provided monthly PEth tests from July 2022 to February 2022, which were all negative.  The Individual's witnesses, including her partner, her AA sponsor, her co -worker, and her counselor, confirmed her testimony regarding her IOP, aftercare, and AA attendance. The DOE Psychologist opined that the Individual's efforts exceeded the evidence that was requested for demonstrating rehabilitation and reformation. The Administrative Judge found that the Individual mitigated the concerns raised by her alcohol use. Due to the Individual's mitigation of the concerns raised under Guideline G and that the Guideline E concerns were related to her alcohol use, the Administrative Judge found that the Individual mitigated the concerns raised by her questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations. Accordingly, the Individual was able to demonstrate that she had resolved the security concerns arising under Guidelines G and E. ( OHA Case No. PSH-23-0023, Fishman)