PSH-23-0028 - In the Matter of Personnel Security Hearing

On February 13, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Individual reported to the local security office (LSO) that he was arrested and charged with operating a vehicle under the influence of alcohol or drugs (OVI) in November 2021. In July 2022, the Individual was evaluated by a DOE-consultant psychiatrist ("Psychiatrist").  Regarding Guideline G, the LSO cited the DOE Psychiatrist's conclusion that the Individual's July 2022 Phosphatidylethanol ( PEth) test results of 458 ng/ML indicated that the individual had heavy alcohol use within the prior month and has binge consumed alcohol to the point of impaired judgment. The LSO also cited the Individual's OVI arrest and a 1998 arrest and charge for Driving While Under the Influence of alcohol ( DWUI). Under Guideline E, the LSO cited the DOE Psychiatrist's conclusion that the Individual's PEth test results indicated heavy alcohol use within the prior month which contrasted with the Individual's reported alcohol use during the psychiatric exam. Regarding Guideline J, the LSO cited his two alcohol related arrests.

At the hearing, the Individual, his Deputy General Manager (manager), his former supervisor, and the DOE Psychologist testified. The Individual's witnesses asserted that they have never seen him consume alcohol in excess or observed that he has any impairment at work related to alcohol use . The Individual asserted that he does not have an alcohol problem and that the July 2022 PEth test was inaccurate. He testified that he had continue to engage in alcohol consumption and has no plans to modify his alcohol use. The DOE Psychiatrist provided expert testimony regarding the validity of the July 2022 PEth result. He confirmed his conclusion and his recommendations including that the Individual needs to recognize the presence of an alcohol problem, participate in a treatment program, and attempt to reduce or abstain from alcohol use as part of his recovery.

The AJ determined that the Individual had not resolved the security concerns under Guidelines G and E because he does not recognize the presence of an alcohol problem, continues to engage in maladaptive alcohol use without obtaining treatment for it, and did not present any evidence such as a competing expert opinion to refute the opinions of the DOE Psychiatrist regarding the validity of the July 2022 PEth test result. The AJ further found that the Individual had not resolved the Guideline J concerns because the Individual had not addressed his problematic alcohol consumption, which is inextricably linked to and is the root cause of his criminal activity.  Accordingly, she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0028, Balzon)