PSH-23-0048 - In the Matter of Personnel Security Hearing

On May 26, 2023, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. In June 2022, the Individual was charged with Driving While Intoxicated (DWI). In response, the Local Security Office sent him to undergo a psychological evaluation.  After the October 2022 evaluation, the DOE-consulting Psychologist ( DOE Psychologist) diagnosed the Individual with Unspecified Alcohol Use Disorder (AUD). She recommended the Individual remain abstinent from alcohol for six months, attend alcohol rehabilitation counseling or attend Alcoholics Anonymous (AA) at least three times weekly, obtaining a sponsor . Lastly, the DOE Psychologist recommended the Individual undergo "at least three PEth tests" to provide evidence of abstinence from alcohol. The Individual and his witnesses testified that he has not been abstinent, but he has been controlling his alcohol consumption.  Further, he only consumes alcohol at home. At the hearing, the DOE Psychologist confirmed her diagnosis and stated that the Individual was not rehabilitated or reformed from his alcohol disorder. She continued that the Individual consumed alcohol in what would be considered a binge episode two days before the hearing, according to his testimony. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-23-0048, Fishman)