PSH-23-0047 - In the Matter of Personnel Security Hearing

On June 28, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a contractor at a DOE facility and possessed a security clearance. On June 15, 2022, after reporting to work, his supervisor smelled the presence of alcohol on the Individual's breath. The supervisor then escorted the Individual to the facility's employee health department where they conducted a breath alcohol test (BAT) that indicated that the Individual tested positive at 0.03 percent.

The Individual was examined by a DOE contractor psychologist (DOE Psychologist) and was diagnosed as suffering from Alcohol Use Disorder. The DOE Psychologist concluded that the Individual had not demonstrated rehabilitation or reformation from his alcohol misuse problem. To demonstrate rehabilitation or reformation, the DOE Psychologist recommended that the Individual commit to and complete an intensive outpatient program (IOP) of at least eight weeks' duration and that on his successful completion of the IOP, the Individual should continue involvement in an aftercare program for 12 months (including random alcohol urine or breath testing) along with twice weekly attendance in a support group such as Alcoholics Anonymous (AA) with the help of a mature sponsor.

After receiving the Report, the Individual enrolled in and completed an IOP and, after completing that program on January 4, 2023, began to attend the IOP's aftercare program. The Individual also saw an IOP counselor for individual counselling. He generally attended the aftercare program once or twice a week. Additionally, the Individual underwent PEth testing monthly along with random breath alcohol tests at work. The Individual went to a number of AA meetings but subsequently quit attending AA.

The DOE Psychologist testified that Despite the Individual's submitted PEth tests for January, February and March 2023, the Individual did not have tests for November and December 2022. When asked about whether the Individual had shown adequate evidence of rehabilitation or reformation, the DOE Psychologist opined that the Individual had not met his criteria for rehabilitation. The DOE Psychologist testified that the Individual only had sufficient testing (PEth tests) to confirm his abstinence for 4 months as opposed to the ideal goal of 12 months of abstinence and that the Individual was in an early stage of his rehabilitation. Given the information before him, the DOE Psychologist opined that the Individual's current prognosis was "guarded."

In light of the DOE Psychologist testimony and the other evidence presented at the hearing, the Administrative Judge found that the Individual has not, at this time, offered sufficient evidence from which I can conclude that the Guideline G security concerns had been resolved. Consequently, the Administrative Judge found that that the Individual's clearance should not be restored. (OHA Case No . PSH-23-0047, Cronin)