[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]] ----------------------------------------------------------------------- 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. ------------------------------------------------------------------------ Name Case No. ------------------------------------------------------------------------ Dykema Gossett PLLC.......................... VFA-0362 Interstate Gulf.............................. RF300-21691 National Starch & Chemical Co................ RF272-95738 Personnel Security Hearing................... VSO-0182 ------------------------------------------------------------------------ [FR Doc. 98-14712 Filed 6-2-98; 8:45 am] BILLING CODE 6450-01-P