Access Authorization Not Restored; Guideline I (Psychological Conditions)
Office of Hearings and Appeals
May 8, 2024On May 8, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In June 2023, the Individual reported having discovered a bullet on her desk and expressed that she believed that someone was trying to intimidate her. An investigation of the incident concluded that the Individual was most likely the source of the bullet. The Individual was subsequently evaluated by a DOE-contracted psychologist (DOE Psychologist) who determined that the Individual met sufficient diagnostic criteria for a diagnosis of Paranoid Personality Disorder (PPD) under the Diagnostic and Statistical Manual of Mental Disorders -Fifth Edition. The Individual was evaluated by two psychologists she retained in connection with this matter, both of whom opined that the Individual did not have a psychological condition that could impair her judgment, reliability, or trustworthiness. The Administrative Judge concluded that none of the psychologists' opinions was fully convincing, and that the Individual had not met her burden to establish the applicability of any of the mitigating conditions under Guideline I. Accordingly, the Administrative Judge concluded that the Individual had not resolved the security concerns, and therefore determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0046, Harmonick)