As of October 6, 2025, the Federal Energy Regulatory Commission (FERC) continues to operate despite the lapse in appropriations that resulted in a government shutdown on October 1, 2025. While FERC receives appropriations from Congress, it primarily is self-funded through fees and charges obtained from the industries it regulates, offsetting its total costs. Hence, during prior government shutdowns in 2018 and 2013, the agency was able to continue operations. However, FERC published a plan for operating in the event of a lapse in appropriations on September 30, 2025, available here.
The FERC shutdown plan explains that it is prohibited under the Anti-Deficiency Act from obligating or expending funds in advance or excess of an appropriation, outside of certain exceptions including for activities involving “the safety of human life or the protection of property.” It states that FERC will continue normal operations using the fund balances from previous years, and upon exhaustion of all available balances continue only excepted functions necessary to protect life, property and/or for an orderly shutdown of non-excepted activities. At that time, only the commissioners and 60 of FERC’s approximately 1,500 employees would continue in their job functions, focused on inspecting licensed hydroelectric projects and approved liquified natural gas projects, and monitoring electric reliability of the bulk power system, monitoring threats to energy infrastructure and monitoring energy markets for market manipulation. FERC will continue certain administrative matters related to information technology, protective operations and building security, and funds certification and contract monitoring, but will seek to stay pending matters before federal courts. FERC also states that it would cease accepting public filings, postpone all deadlines and due dates for pending matters not related to excepted activities, including issuing the necessary notice to the public, and curtail contractual support to the level needed to perform excepted activities.
FERC’s shutdown plan indicates that operations would be able to continue during a short shutdown of five business days or less, meaning that the agency could start shutting down this week. However, FERC operated fully during the 35-day shutdown in 2018 and the 16-day shutdown in 2013.
Akin will continue to monitor the ongoing shutdown and its impact on FERC.
