[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54189-54190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26595]


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DEPARTMENT OF ENERGY
Office of Hearings and Appeals


Issuance of Decisions and Orders; Week of December 25 Through 
December 29, 1995

    During the week of December 25, through December 29, 1995, the 
decision and order summarized below was issued with respect to appeals, 
applications, petitions, or other requests filed with the Office of 
Hearings and Appeals of the Department of Energy.
    Copies of the full text of the decision and order are available in 
the Public Reference Room of the Office of Hearings and Appeals, Room 
1E-234, Forrestal Building, 1000 Independence Avenue, SW, Washington, 
D.C. 20585-0107, Monday through Friday, between the hours of 1:00 p.m. 
and 5:00 p.m., 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: October 7, 1996.
George B. Breznay,
Director, Office of Hearings and Appeals.

Decision List No. 952

Week of December 25 through December 29, 1995

Personnel Security Hearing

Albuquerque Operations Office, 12/28/95, VSO-0051

    An OHA Hearing Officer issued an Opinion regarding the eligibility 
of an individual to maintain access authorization under the provisions 
of 10 CFR Part 710. The individual tested positive for cannabinoids on 
a recent drug test and also admitted to having used marijuana three 
times in 1974, despite having answered the drug use question on a 1988 
Personnel Security Questionnaire in the negative. After considering the 
Individual's testimony and the record, the Hearing Officer concluded 
that the Individual had shown mitigating circumstances with respect to 
the DOE's Criterion F allegation of falsification. In considering the 
Individual's passive inhalation defense to the Criterion K allegations 
based on the positive drug test, the Hearing Officer found that while 
side stream smoke under realistic conditions could result in a positive 
drug test, the evidence did not support such a finding in this case. 
Accordingly, the Hearing Officer found that Criterion K had been 
properly invoked by DOE as a basis for revoking the Individual's 
security clearance and that, because of the

[[Page 54190]]

Individual's denial of drug use, there was no basis upon which to 
mitigate that finding. Because the DOE's Criterion L allegation was 
dependent on an affirmative finding with respect to the Criterion K 
allegation concerning 1995 drug use, the Hearing Officer found that it 
too served as a basis for revoking the Individual's clearance. The 
Hearing Officer, therefore, concluded that the Individual's access 
authorization should not be restored.

Refund Application

    The Office of Hearings and Appeals issued the following Decision 
and Order 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:


Township of Ocean........................................  RF272-67847                                  12/28/95
                                                                                                                


[FR Doc. 96-26595 Filed 10-16-96; 8:45 am]
BILLING CODE 6450-01-P