WASHINGTON — The U.S. Department of Energy said it would continue using balances from prior years, if available, should the U.S. government shut down and budgetary legislation is not passed by Sept. 30.
The DOE said it has a written order titled "Operating in the Event of a Lapse in Appropriations," which details the steps they would take during a government shutdown. It was last updated on April 30, 2020, and the department said on Sept. 6 it would continue following it.
During a short shutdown lasting up to five days, the DOE anticipates no disruption to operations. The department said it has historically had enough funding left over from previous appropriations to support operations during a short government shutdown.
However, if that money runs out and a shutdown goes on for longer, the DOE would only continue "those excepted functions related to emergencies involving the safety of human life or the protection of property." The department would also start shutting down non-excepted activities.
Employees could face furloughs during an extended shutdown, depending on their role in the department. If their roles do not relate to "the safety of human life and the protection of property," the DOE may furlough them.
"If there is an imminent threat to human life or protection of property, a limited number of employees may be recalled from furlough status," the DOE said. "Any office may end up recalling individuals who are not currently excepted based on world events and the length of the shutdown. All such recalls must be approved by the Office of the General Counsel or the NNSA General Counsel, as applicable."
The DOE said it estimated shutdown activities would take around half a day to complete, if necessary. It also said 4,139 employees could continue working because their compensation is financed by a resource other than annual appropriations, and 1,404 employees would continue working to protect life and property. Twenty-one employees would continue working because they would be "necessary to the discharge of the President's constitutional duties and powers."
The National Nuclear Security Administration would continue working in areas related to the safety of human life and the protection of property. Specifically, the administration would work in three main areas: the maintenance and safeguarding of nuclear weapons, international non-proliferation activities and servicing deployed naval reactors.
The DOE said the Bonneville Power Administration in the Northwestern U.S. could continue operating in full since it is self-funding under a permanent appropriation. However, the Southeastern Power Administration would only work to direct power to utilities, transmit power, and repair power transmission systems.
The SPA's systems cover all of Tennessee. The administration is responsible for disseminating hydroelectric electricity to different utilities across the southeast.
"After the exhaustion of available balances, those activities not related to the preservation of life and property, unnecessary to the discharge of the President’s constitutional power, not funded by other than annual appropriations, or not otherwise expressly authorized by law will cease," the DOE said in its plan for operating during a lapse in appropriations.