Summary of Decisions - November 13, 2023 - November 17, 2023

FOIA Appeal (FIA)

FOIA Appeal; Denied; Expedited Processing

On November 13, 2023, the Office of Hearings and Appeals (OHA) denied a Freedom of Information ( FOIA) appeal filed by Christopher Casilli (Appellant) from an interim response issued by the Department of Energy (DOE), National Nuclear Security Administration (NNSA). The Appellant requested expedited processing of a request for records related to a radioiodine event that occurred at Los Alamos National Laboratory (LANL). After reviewing the appeal, OHA found that the Appellant did not identify a specific threat an individual's life or physical safety, that was imminent and could reasonably be expected to occur if the requested records were not provided on an expedited basis . Consequently, the Appellant's appeal was denied. (OHA Case No. FIA-24-0005)

Personnel Security Hearing (PSH)

Access Authorization Not Granted; Guideline B (Foreign Influence) & Guideline E (Personal Conduct)

On November 13, 2023, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. In January 2023, one day after returning from an international trip to visit his wife who resides in India and who he was in the process of sponsoring for

U.S. citizenship, the Individual submitted a Questionnaire for National Security Positions (QNSP) in connection with seeking access authorization. On the QNSP, the Individual denied, among other things, having travelled internationally in the prior seven years, close or continuing contacts with foreign nationals, or sponsoring foreign nationals for U.S. citizenship. An investigation into the Individual's eligibility for access authorization revealed the Individual's undisclosed foreign travel, contacts with his wife and other relatives in India, sponsorship of his wife for U .S. citizenship, and other facts showing that the Individual had ties to India which he failed to disclose on the QNSP. At the hearing, the Individual represented that his omissions on the QNSP were minor errors attributable to jet lag and his best efforts to interpret the questions on the QNSP. The Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guidelines B or E, and therefore determined that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0131, Harmonick)

Access Authorization Not Restored; Guideline G (Alcohol Consumption)

On November 16, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In March 2023, the Individual was arrested and charged with Aggravated Driving While Under the Influence of Intoxicating Liquor. 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 met sufficient diagnostic criteria for a diagnosis of Alcohol Use Disorder (AUD), Moderate, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition and that she binge consumed alcohol to the point of impaired judgment. The DOE Psychologist recommended that the Individual abstain from alcohol for at least six months and undergo treatment. At the hearing, the Individual established that she had abstained from alcohol since her arrest. However, she had not participated in alcohol -related treatment as recommended, and the DOE Psychologist opined that the Individual's prognosis was only fair. The Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guideline G, and therefore determined that her access authorization should not be restored. ( OHA Case No. PSH-23-0124, Harmonick)

 Access Authorization Restored; Guideline G (Alcohol Consumption

On November 17, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. In October 2012, the Individual was arrested and charged with Public Intoxication. Exhibit (Ex.) 1. In December 2022, the Individual was arrested and charged with Driving While Intoxicated (DWI) and Unlawful Possession of a Firearm. In April 2023, the Individual underwent a psychological evaluation by a DOE consultant psychologist ( Psychologist). After evaluating the Individual, the Psychologist concluded the Individual met the criteria for a diagnosis of Alcohol Use Disorder (AUD), Mild, and found the Individual had not shown adequate evidence of rehabilitation or reformation.

At the hearing, the Individual testified that he followed the Psychologist's recommendation to complete an IOP and an aftercare program. Tr. at 13. The Individual submitted attendance records and a Certificate of Completion indicating he enrolled in an IOP on July 19, 2023, and completed the program in September 2023. The Individual submitted attendance records corroborating his testimony that he completed the IOP, and as of the date of the hearing, he had attended three sessions of the aftercare program. After observing the Individual's testimony, the Psychologist testified that she would change the Individual's diagnosis to AUD, Mild, "in early remission." She further testified that despite the Individual not having fully completed her recommendations regarding aftercare, it was her opinion that Individual is adequately rehabilitated and reformed from his AUD, Mild.

As for the Guideline G security concerns, the Administrative Judge found the Individual's and the medical experts' testimony as well as the documentary evidence were convincing and that with regard to the Guideline G security concern, two mitigating factors were applicable. Based on the evidence before him, the Administrative Judge concluded found the Guideline G security concerns had been resolved and that the Individual's access authorization should be restored. (OHA Case No. PSH-23-0125, Cronin)