PSH-24-0113 - In the Matter of Personnel Security Hearing

On September 10, 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. The Individual is employed by a DOE contractor in a position that requires her to hold a security clearance. In September 2023, the Individual tested positive for alcohol consumption during a random blood alcohol test  (BAT) at work. The Individual also reported a history of heavy alcohol consumption before her positive BAT, was  charged  with  a  misdemeanor,  liquor  violation,  after  she  consumed  twelve  to  thirteen beers in January 2013; and engaged in a physical altercation with another person after binge
-consuming alcohol in October 2010. After undergoing a psychological evaluation, a DOE consultant  psychologist  diagnosed  the  Individual  with  Alcohol  Use  Disorder  (AUD),  Severe. The aforementioned facts raised security concerns under Guideline G of the Adjudicative Guidelines. After a hearing, the Administrative Judge found that the Individual had not yet received sufficient treatment to resolve her AUD, and had not demonstrated a clear and established pattern of abstinence in accordance with the DOE Psychologist's treatment recommendations.  Therefore,  the  Administrative  Judge  found  the  Individual  had  not  mitigated the security concerns arising under Guideline G. (OHA Case No. PSH-24-0113, Fishman)