Michigan Attorney General Dana Nessel has filed a motion to stay the U.S. Department of Energy’s (DOE) third order that requires Consumers Energy to continue operating the J.H. Campbell coal-fired power plant in West Olive, Michigan. The motion challenges DOE’s decision, claiming it is based on an outdated reliability assessment and creates a fabricated emergency.
The DOE issued its third order under Federal Power Act Section 202(c) earlier this week, mandating that the J.H. Campbell plant remain operational until February 19, 2026. This action comes despite approval from the Michigan Public Service Commission for the plant’s planned retirement. Previous Section 202(c) orders from DOE have led to significant costs, amounting to tens of millions of dollars between May 31 and September 30 across the Midcontinent Independent System Operator (MISO) region.
In her motion, Attorney General Nessel argues that DOE relied on an old North American Electric Reliability Corporation (NERC) winter reliability assessment when issuing its latest order. Although DOE stated that the current winter assessment was not available at the time of its decision, Nessel points out that the updated NERC report was released publicly just hours before DOE acted. The new report indicates there is sufficient electric generation capacity for MISO this winter, which undermines DOE’s justification for keeping the coal plant running.
“DOE is using outdated information to fabricate an emergency, despite the fact that the truth is publicly available for everyone to see,” said Nessel. “DOE must end its unlawful tactics to keep this coal plant running when it has already cost millions upon millions of dollars. My office will continue to fight back against these arbitrary orders and ensure residents aren’t forced to foot the bill for these unreasonable costs.”
Attorney General Nessel has previously petitioned the U.S. Court of Appeals for the D.C. Circuit regarding earlier Section 202(c) orders that delayed the retirement of the J.H. Campbell plant. The court has not yet issued rulings on those cases.
