PSH-23-0137 - In the Matter of Personnel Security Hearing

On January 17, 2024, an Administrative Judge determined that the Individual’s access authorization should be restored under 10 C.F.R. Part 710. In March 2021, the Individual completed a Questionnaire for National Security Positions (QNSP), in which he admitted that he was charged with Driving Under the Influence (DUI) in October 2017. The Local Security Office (LSO) sent the Individual a Letter of Interrogatory (LOI) in September 2021, requesting information regarding the Individual’s alcohol consumption. In February 2023, the Individual was again charged with DUI. The Individual responded to a second LOI in April 2023, indicating that he consumed approximately four to five drinks prior to the DUI. The LSO asked that a DOE-consulting Psychologist (DOE Psychologist) evaluate the Individual. The DOE Psychologist determined that the Individual binge consumed alcohol in February 2023. At the hearing, the Individual testified that he consumed alcohol on the evening of February 9, 2023, which was the first time he had consumed alcohol since April 2020. At the hearing, the Individual claimed that, around the time of this relapse, he was feeling stress from the birth of his son three months earlier and was not attending AA as frequently as he had before. He clarified that he was distancing himself from AA because he believed he should be focusing on his family. The Individual testified that his partner, who had been sober for five years at the time of the hearing, and son were out of town the night he consumed the alcohol. (OHA Case No. PSH-23-0137, Fishman)