[DOE Query Concerning Use of FY 1983 Appropriations]

A Department of Energy (DOE) certifying officer asked whether available fiscal year (FY) 1983 appropriations intended for the Clinch River Breeder Reactor Project (CRBRP) may be used for terminating the project. DOE maintained that: (1) since the legislation authorizing CRBRP was discretionary, it is not legally required to complete the project; (2) congressional support for CRBRP has substantially decreased; and (3) the termination provision in the legislation permits DOE to terminate CRBRP if it cannot be continued effectively. GAO had held that, since DOE had undertaken CRBRP with full knowledge of the discretionary legislation, it was obligated to proceed in accordance with the approved criteria and justification data. GAO noted, however, that the record showed that congressional support for CRBRP had diminished considerably from that demonstrated in previous years. Further, Congress did not designate any funds for CRBRP in FY 1984. GAO concluded that, since an insufficiency of funds may legally cause project cancellation, DOE was provided the legal basis for termination. Accordingly, DOE may use available 1983 appropriations to terminate the CRBRP.