[Federal Register: March 23, 1999 (Volume 64, Number 55)]
[Notices]               
[Page 13990-13991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr99-68]

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DEPARTMENT OF ENERGY

 
Notice of Issuance of Decisions and Orders by the Office of 
Hearings and Appeals; Week of November 23 Through November 27, 1998

    During the week of November 23 through November 27, 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 decisions and orders 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: March 15, 1999.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 113 Week of November 23 Through November 27, 1998

Personnel Security Hearings

Personnel Security Hearing, 11/24/98, VSO-0198

    A Hearing Officer found that the concern raised by an individual's 
illness or mental condition remained unresolved. Accordingly, the 
Hearing Officer recommended in the Opinion that the individual's access 
authorization not be restored.

Personnel Security Hearing, 11/23/98, VSO-0211

    An OHA Hearing Officer issued an Opinion regarding the eligibility 
of an individual to be granted access authorization under the 
provisions of 10 CFR part 710. The Hearing Officer found that the 
individual has a mental condition which causes or may cause a 
significant defect in his judgment or reliability. The Hearing Officer 
also found that the individual had been diagnosed by a board-certified 
psychiatrist as alcohol abusive. In addition, the Hearing Officer found 
that the individual had failed to mitigate concerns raised by seventeen 
years of falsifications regarding his drug use. Accordingly, the 
Hearing Officer recommended that the individual's access authorization 
not be restored.

Personnel Security Hearing, 11/23/98, VSO-0220

    An OHA Hearing Officer issued an opinion concerning an individual 
whose access authorization was suspended. The DOE alleged that the 
individual engaged in unusual conduct by violating a drug 
certification, stealing from his employer, and defrauding an insurance 
company by arranging the theft of his car. In addition, the DOE 
contended that the individual deliberately falsified significant 
information regarding past arrests and drug use. The Hearing Officer 
found that the individual had not overcome the security concerns of DOE 
with regard to his violation of the drug certification and that the 
individual had engaged in unusual conduct in his actions surrounding 
the theft of his car. In addition, the Hearing Officer found that the 
individual had not presented sufficient evidence to mitigate DOE's 
legitimate concerns arising from his falsifications. Accordingly, the 
Hearing Officer recommended that the individual's access authorization 
should not be restored.

Personnel Security Hearing, 11/24/98, VSO-0222

    An OHA Hearing Officer issued an opinion concerning an individual 
whose access authorization was suspended. A DOE consultant-psychiatrist 
diagnosed the individual as suffering from alcohol abuse. In addition, 
the DOE alleged that the individual deliberately falsified significant 
information on a number of personnel security questionnaires. The 
Hearing Officer found that the individual had not overcome the security 
concerns of DOE with regard to his alcohol use. In addition, the 
Hearing Officer found that the individual had

[[Page 13991]]

not presented sufficient evidence to mitigate DOE's concerns arising 
from his falsifications. Accordingly, the Hearing Officer recommended 
that the individual's access authorization should not be restored.

Refund Applications

    The Office of Hearings and Appeals issued the following Decisions 
and Orders concerning refund applications, which are not summarized. 
Copies of the full texts of the Decisions and Orders are available in 
the Public Reference Room of the Office of Hearings and Appeals.

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                         Name                                           Case No.                       Date
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N.Y. City Health & Hospital...........................  RC272-00396                                     11/24/98
                                                        RJ272-00067
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[FR Doc. 99-7067 Filed 3-22-99; 8:45 am]
BILLING CODE 6450-01-P