PSH-24-0088 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline G (Alcohol Consumption), Guideline E (Personal Conduct)

Office of Hearings and Appeals

June 11, 2024
minute read time

On June 11, 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. After undergoing a psychological evaluation, the Individual was found to have deliberately underreported his level of alcohol consumption to the DOE consultant psychologist and was diagnosed with Alcohol Use Disorder (AUD), which raised security concerns under Guidelines G and E of the Adjudicative Guidelines. After a hearing, the Administrative Judge found that the Individual had not yet received sufficient treatment to resolve his AUD, and had only been abstinent from alcohol for three months, which was insufficient to demonstrate a clear and established pattern of modified consumption or abstinence in accordance with the psychologist's treatment recommendations. The Administrative Judge also found the Individual that because the Individual had not yet resolved his AUD, his deliberate underreporting of his alcohol consumption was likely to recur, and continued to cast doubt on his reliability, trustworthiness, and judgment. Therefore, the Administrative Judge found the Individual had not mitigated the security concerns arising under Guidelines G and E. (OHA Case No. PSH-24-0088, Fishman)

PSH-24-0088.pdf (195.84 KB)