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B-115398 1 (1983-12-01)

handle is hein.gao/gaobadlky0001 and id is 1 raw text is: THE COMPTROLLER GENERAL L 4' DECISION .OP THE UNITED ETATEE a:/ W WASIHINQ TON. 0.C. 20548 FILE: B-115398 DATE: December 1, 1983 MATTER OF: Propriety of Energy Department's terminating the Clinch River Breeder Reactor Project OIQEST: Congress' failure to approve fiscal year 1984 monies for the Clinch River Breeder Reactor Project either specifically in appropriations or in legislative history, allows the Energy Department to invoke the provision set forth in section 4(i) of the Project justification data and in its con- tracts calling for termination when there is insufficiency of project funds to per- mit the effective conduct of the project. B-115398.33, June 23, 1977; B-164105, December 5, 1977; and B-164105, March 10, 1978, are distinguished. A Department of Energy certifying officer asks whether available fiscal year 1983 appropriations intended for the Clinch River Breeder Reactor Project 1/ (the Project) may be used for terminating the Project. For the reasons given below, we do not object to that use. The situation dis- cussed in B-115398.33, June 23, 1977, B-164105, December 5, 1977 and B-164105, March 10, 1978, is distinguishable from the present case, as will be explained later. Background The Project began in 1969. In that year, pursuant to section 106 of Public Law 91-44, 83 Stat. 46, 47, the Atomic Energy Commission was authorized to study the ways in which a liquid metal fast breeder reactor demonstration project could be designed. The legislation required the Commission to submit criteria for the Project planning stage to the Joint Committee on Atomic Energy. The following year, the Congress expanded the Project to authorize the design, con- struction, and operation of a breeder reactor. Pub. L. No. 91-273, 84 Stat. 299, 300-01. The 1970 authorization re- quired the Commission to submit criteria for the Project's construction phase to the Joint Committee for a 45 day lie- and-wait period. 1/ Often referred to as the CRBRP.

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