Decisions were issued on: - Personnel Security -Hydroelectric Appeal
Office of Hearings and Appeals
August 25, 2023
minute read time
Hydroelectric Appeal (HEA)
In the Matter of El Dorado Irrigation District; Denied
On August 25, 2023, the Office of Hearings and Appeals (OHA) denied an Appeal from the Department of Energy's (DOE) determination under the hydroelectric incentive payments program authorized by Section 242 of the Energy Policy Act of 2005. In the Appeal, filed by the El Dorado Irrigation District (District), the Appellant challenged DOE's denial of its applications for incentive payments for the 2021 and 2022 calendar years. DOE denied the incentive payments on the basis that the District did not demonstrate that it met the definition of a "qualified hydroelectric facility" as defined by DOE's Guidance Document. After review, OHA agreed with DOE's determination and found that the District was not entitled to incentive payments. Accordingly, OHA denied the Appeal. (OHA Case No. HEA-23-0003, Quintana)
Personnel Security Hearing (PSH)
Access Authorization Restored; Guideline G (Alcohol Consumption)
On August 23, 2023, an Administrative Judge determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. In January 2023, the Individual tested positive on a random breath alcohol test (BAT) at work. In response, the Local Security Office (LSO) sent a Letter of Interrogatory, which he answered in February 2023. In the answer, he informed the LSO that he consumed five to seven heavy mixed drinks, along with three shots in the early morning. The Individual was then referred to a DOE-consulting Psychiatrist, who subsequently diagnosed him with Alcohol Use Disorder, Moderate (AUD). At the hearing, the Individual testified that his last alcohol consumption was the day of the positive BAT and that he has been undergoing weekly urine tests and monthly PEth tests since January 2023. He also admitted that he knows his alcohol use in the past was excessive. The Individual's wife and EAP counselor testified that he has been abstinent since January 2023. His therapist provided a letter stated that he had been abstinent and is coping at an appropriate lever. Finally, the DOE-consulting Psychiatrist testified that everything he heard at the hearing led him to conclude that there was adequate evidence that the Individual is reformed and rehabilitated from his AUD. The Administrative Judge determined that the Individual had mitigated the Guideline G because he has acknowledged his maladaptive alcohol use, provided evidence that he has overcome the problem and demonstrated abstinence. Also, he is participating in counseling or a treatment program, has not previous history of treatment and relapse and is in counseling . Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-23-0097, Fishman)