PSH-24-0033 - In the Matter of Personnel Security Hearing

On May 8, 2024, an Administrative Judge with the Department of Energy's (DOE) Office of Hearings and Appeals determined that the Individual's access authorization should not be restored under 10 C.F .R. Part 710. In June 2023, the Individual was arrested and charged with Boating Under the Influence ( DUI). DOE asked the Individual to undergo a psychological evaluation with a DOE-contracted psychologist (the Psychologist). The Psychologist opined that the Individual habitually binge consumed alcohol to intoxication and that he was not rehabilitated or reformed. The Individual presented testimony and evidence that he began attending Alcoholics Anonymous twice per week in June 2023 and had seen a therapist three times. He did not have future therapy appointments scheduled. He also presented testimony and evidence that he had not consumed alcohol since his November 2023. However, he had begun abstaining in July 2023 and relapsed three times between July and November. He testified that he intended to abstain from alcohol indefinitely. The DOE Psychologist opined at the hearing that the Individual was not rehabilitated or reformed. She opined that the Individual now met the criteria for an alcohol use disorder because of his failed attempts at sobriety and that her prognosis for the Individual remaining abstinent was moderate. Based on the testimony and evidence, the Administrative Judge found that the Individual had not mitigated the concerns arising from Guideline G. Accordingly, she found that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0033, Martin)