Access Authorization Not Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
November 1, 2023On November 1, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In 2022, as part of a routine reinvestigation of his eligibility for access authorization, the Individual disclosed that he had received treatment for alcohol misuse in 2020. At the request of the local security office (LSO), the Individual met with a DOE- contracted psychologist (DOE Psychologist) for a psychological evaluation. Following the evaluation, the DOE Psychologist issued a report in which she concluded that the Individual warranted a diagnosis of Unspecified Alcohol-Related Disorder (UAD) under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition and that he habitually or binge consumed alcohol to the point of impaired judgment. The DOE Psychologist recommended that the Individual abstain from alcohol and undergo treatment for at least nine months. At the hearing, the Individual established that he had abstained from alcohol and received treatment for four months, and the Individual's treatment provider provided a positive prognosis for his recovery. However, the DOE Psychologist opined at the hearing that the Individual was too early in his recovery to confidently conclude that he was rehabilitated. The Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guideline G, and therefore determined that his access authorization should not be restored. (OHA Case No. PSH-23-0108, Harmonick)