[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Page 30219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14712]



[[Page 30219]]

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DEPARTMENT OF ENERGY

Office of Hearings and Appeals


Notice of Issuance of Decisions and Orders; Week of January 12 
Through January 16, 1998

    During the week of January 12 through January 16, 1998, the 
decisions and orders summarized below were issued with respect to 
appeals, applications, petitions, or other requests filed with the 
Office of Hearings and Appeals of the Department of Energy. The 
following summary also contains a list of submissions that were 
dismissed by the Office of Hearings and Appeals.
    Copies of the full text of these decision and order are available 
in the Public Reference Room of the Office of Hearings and Appeals, 950 
L'Enfant Plaza, SW, Washington, D.C., Monday through Friday, except 
federal holidays. They are also available in Energy Management: Federal 
Energy Guidelines, a commercially published loose leaf reporter system. 
Some decisions and orders are available on the Office of Hearings and 
Appeals World Wide Web site at http://www.oha.doe.gov.

    Dated: May 21, 1998.
Thomas O. Mann,
Acting Director, Office of Hearings and Appeals.

Decision List No. 68

Week of January 12 through January 16, 1998

Personnel Security Hearings
Personnel Security Hearing, 1/12/98, VSO-0164

    A Hearing Officer issued an Opinion regarding the eligibility of an 
individual to maintain an access authorization under the provisions of 
10 CFR Part 710. The DOE issued a Notification Letter which alleged 
that the individual (1) deliberately falsified information from a 
Questionnaire for National Security Position and in a Personnel 
Security Interview, and (2) engaged in unusual conduct that showed the 
individual is not honest, reliable, or trustworthy or is subject to 
coercion that may cause the individual to act contrary to the best 
interests of national security. See 10 CFR 710.8(f)(1). After carefully 
examining the record of the proceeding, the Hearing Officer determined 
that the individual had deliberately omitted information from a 
Questionnaire for National Security Position and had engaged in 
financially irresponsible conduct and other behavior involving a 
sensitive foreign country that showed the individual is not trustworthy 
and is subject to coercion. Accordingly, the Hearing Officer 
recommended that the individual's access authorization not be restored.

Personnel Security Hearing, 1/12/98 VSO-0166

    An individual's access authorization had been suspended due to two 
items of derogatory information that gave rise to security concerns. 
The first item was a diagnosis by a DOE psychiatrist that the 
individual suffered from paranoid delusional disorder, a mental 
condition that causes, or may cause, a significant defect in judgment 
or reliability as provided at 10 CFR 710.8(h). The second item was an 
interview in which the individual stated she would disclose classified 
information relating to health issues, which indicated that the 
individual is not honest reliable, or trustworthy, as provided at 10 
CFR 710.8(1). At the hearing, the individual, while casting doubt on 
the DOE psychiatrist's diagnosis, failed to establish her eligibility 
for access authorization. Her expert witness however, a clinical 
psychologist, testified that the individual suffered from psychotic 
depression with episodic loss of contact with reality. In addition, the 
individual stated at the hearing that she would not disclose classified 
information, The Hearing Officer found, however, that the individual's 
statements were unconvincing in view of testimony at the hearing that 
she was emotionally labile and subject to psychotic episodes. 
Accordingly, the Hearing Officer expressed the opinion that the 
individual's access authorization should not be restored.

Dismissals

    The following submissions were dismissed.

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                     Name                               Case No.        
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Dykema Gossett PLLC..........................  VFA-0362                 
Interstate Gulf..............................  RF300-21691              
National Starch & Chemical Co................  RF272-95738              
Personnel Security Hearing...................  VSO-0182                 
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[FR Doc. 98-14712 Filed 6-2-98; 8:45 am]
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