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Contents : FEDERAL ENERGY REGULATORY COMMISSION ADJUDICATION REVIEW BOARD GUIDELINES FOR ADJUDICATION STANDARDS AND ACTIONS 1. Suitability and Security Adjudication Standards. A. Suitability Standards. The Office of Personnel Management (OPM) issued at 5 CFR Part 731 procedures for determining a person s suitability for Federal employment. Determining a person s suitability for Federal employment involves an assessment of past and present conduct as it may indicate probable future actions. This assessment is based upon record data and personal testimony developed through investigation by OPM or by the Commission s Security and Safety Office. The suitability criteria provided by OPM (5 CFR 731.202) will be used by the Commission s Security and Safety Office as appropriate in determining employment or retention of employment in positions of public trust as defined in 5 CFR 731.106. The assessment is made to establish a reasonable expectation that the initial employment or continued employment of a person would protect the integrity or promote the efficiency of the Federal service. A reasonable expectation that the employment would not protect the integrity or promote the efficiency of the service is established when an adverse nexus or connection can be shown between the conduct in question and the job performance of the person or others (employees employing agency other agencies) i.e. the conduct itself would have a direct adverse effect or indicates a potential for future actions by the person that would adversely impact on job performance. B. Security Standards. Executive Order 10450 and Executive Order 12968 contain criteria for evaluating the conduct of individuals for determining initial employment or retention of employment in positions involving access to classified information (sensitive positions). The Security and Safety Office when adjudicating conduct using security standards will determine if the conduct indicates that employment or continued employment of the person would pose a risk of damage to the interests of national security. In such cases the person must be denied appointment or removed from employment even though such action may not be warranted under the suitability criteria. The adjudicative process shall determine whether the person has indicated unreliability untrustworthiness lack of dependability 1 potential for subornation or blackmail dishonesty or disregard for the law and established authority. This assessment will be based upon a completed and current investigation and criteria provided by OPM. Each investigative case must be adjudicated within 90 days of receipt of the report of investigation unless additional information has been formally requested to be supplied by OPM. If the case has been reopened to obtain additional pertinent information the case is to be adjudicated within 90 days of the receipt of the additional information. 2. Adjudication Actions. A. General. (1) The authority for the Security and Safety Office and servicing Human Resource Division to evaluate information relating to the suitability criteria cited in 5 CFR Part 731 and to take an adverse suitability disqualification action from the standpoint of the efficiency of the Federal service is included in 5 U.S.C. 3301 7301 7502 and 7512. The Commission will follow the procedures of 5 CFR 731.401-404 in adjudicating suitability actions. An adverse suitability decision by the Commission may be appealed to the Merit Systems Protection Board pursuant to 5 CFR 731.501. (2) The authority for the Security and Safety Office to evaluate information relating to the security criteria citied in EO 10450 EO 12968 and 5 CFR Part 732 and to deny appointment or remove from employment is included in 5 U.S.C. 7532. The use of the removal procedures authorized by 5 U.S.C. 7532 will be limited to cases in which the interests of the national security are involved. Maximum use will be made of normal removal procedures of the Office of Personnel Management where such procedures are adequate and appropriate to achieve security purposes. (3) Whenever information is developed or received indicating that the retention of an individual in a sensitive position may not be clearly consistent with the efficiency of the Federal Government and/or interests of national security the individual s supervisor or the servicing Human Resources Division will forward this information to the Security and Safety Office. The Security and Safety Office will initiate the investigation required to resolve derogatory information which cannot be adjudicated through personal interview. B. Favorable Determination. If the final suitability or security adjudication is favorable the Security and Safety Office will sign the OPM Certification of Investigation Notice for filing on the permanent side of the Official Personnel Folder (OPF). Also when required the Security and Safety Office will sign the OPM OFI-79A Repor

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