Summary of Decisions - June 15, 2015 – June 19, 2015

Personnel Security (10 CFR Part 710)

On June 19, 2015, an OHA Administrative Judge (AJ) issued a decision in which she concluded that the DOE should not restore an individual’s access authorization.  A DOE Operations Office referred the individual to administrative review citing as security concerns the individual’s diagnosis of alcohol abuse and his alcohol-related arrests.  After conducting a hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the individual had satisfied the following mitigating factors with respect to his alcohol abuse: (1) the individual has acknowledged his alcohol problem, provided evidence of actions taken to address his problem and has established a pattern of responsible use; (2) the individual has successfully completed outpatient treatment, has demonstrated a clear and established pattern of abstinence in accordance with his treatment recommendations, i.e., his participation in therapy, and has received a favorable prognosis by a duly qualified medical professional; and (3) the DOE psychologist has opined that the individual’s condition has a low probability of relapse and that he has a good prognosis.  However, with respect to the individual’s July 2014 arrest, the AJ found that it is recent and that the events leading up to that arrest resulted in the individual serving six days in jail and having a restraining order entered against him for three years.  The AJ also found that the criminal charges resulting from that incident are still pending and will not be adjudicated by a criminal court until at least November 2015.  Therefore, the AJ found that the individual had not resolved the security concerns under Criterion L, and that the DOE should not restore the individual’s security clearance.  OHA Case No. PSH-15-0011 (Kimberly Jenkins-Chapman)

On June 17, 2015, an OHA Administrative Judge issued a decision in which she concluded that an individual’s access authorization should not be restored.  A Local Security Office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns under Criterion L regarding her financial irresponsibility.  After conducting a hearing and evaluating the evidence, the Administrative Judge concluded that the individual did not sufficiently mitigate the DOE’s concerns. The LSO alleged that the individual (1) has seven delinquent debts with a total outstanding balance of $22,609, (2) owes $20,178 in past due mortgage payments on a home loan with an outstanding balance of $123,036, (3) is currently the subject of foreclosure proceeding with regard to her home because she had not made any mortgage payments since February or March 2013, (4) had her wages garnished in October 2014 because she failed to satisfy a payday loan, and (5) routinely obtained cash loans for the last five years to pay off bills and because she does not have enough income to meet all of her financial obligations.  During the hearing, the individual provided documentary evidence which indicated that she no longer has a garnishment on her wages and that she has entered into a payment agreement to satisfy some of her outstanding debt.  However, with respect to the majority of her outstanding debt, including her mortgage delinquencies, the individual was unable to provide evidence to resolve the security concerns.  For these reasons, the Administrative Judge could not find that the individual had resolved the security concerns related to her financial irresponsibility.  OHA Case No. PSH-15-0020 (Kimberly Jenkins-Chapman)

Freedom of Information Act (FOIA) Appeal

On June 15, 2015, OHA denied a FOIA Appeal filed by Barbara McNeal Lloyd from a determination issued to her by the DOE Office of Information Resources. In the Appeal, the Appellant challenged the use of FOIA Exemption 6 to withhold certain information.  Upon review, however, OHA found that the use of Exemption 6 was appropriate. OHA Case No. FIA-15-0032