PSH-23-0024 - In the Matter of Personnel Security Hearing

On April 7, 2023, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. the Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Regarding the Guideline G charges, the LSO alleged that the Individual underwent a psychological evaluation in July 2022, and, in the same month, the DOE Psychologist issued a Report indicating that the Individual consumes alcohol "habitually and excessively to the point of impaired judgment" and that he had not shown adequate evidence of rehabilitation or reformation. The LSO also alleged that in March 2022, the Individual was arrested and charged with DWI, that a Breathalyzer test was administered and registered at 0.144% blood alcohol content (BAC), and that the Individual admitted that he had consumed five mixed drinks before his arrest.

The Individual, the DOE Psychologist, and three other witnesses testified at the hearing. The evidence in the record established that the Individual properly self -reported the March 2022 incident and completed two court-ordered education classes in August and September 2022. The testimony indicated that the Individual stopped consuming alcohol in August 2022 and submitted to three alcohol urine tests, all of which were negative. The Individual underwent a Phosphatidylethanol (PEth) blood test in conjunction with the psychological evaluation, and that test was also negative. While the Individual began attending Alcoholics Anonymous (AA) meetings in October 2022, he discontinued attending those meetings weeks before the hearing. The testimony also indicated that the Individual's spouse was not aware of how much alcohol the Individual was actually consuming, that he did not feel intoxicated on the night of the March 2022, and that the Individual did not feel that his alcohol consumption was problematic. The DOE Psychologist did not find adequate evidence of rehabilitation or reformation. (OHA Case No. PSH-23-0024, Rahimzadeh)