Great Lakes Wire

Michigan Attorney General Dana Nessel has filed a Motion to Intervene and Protest with the Federal Energy Regulatory Commission (FERC). This move aims to protect Michigan customers from costs linked to the Department of Energy's (DOE) order that forces Consumers Energy to keep operating its J.H. Campbell coal plant in West Olive, which was scheduled for retirement last month.

The filing is in response to Consumers Energy's request that the expenses of complying with the DOE's emergency order be spread across most of the 15-state region managed by the Midcontinent Independent System Operator (MISO), responsible for monitoring and facilitating energy sharing between states.

Nessel's filing asks FERC to dismiss Consumers Energy's request, arguing that the DOE’s directive is invalid and exceeds its authority under the Federal Power Act. Earlier this week, Nessel also submitted a rehearing request challenging what she describes as an arbitrary and illegal DOE order aimed at halting the plant’s planned closure. If FERC permits cost recovery, Nessel contends that consumer protections should be implemented regarding the plant's operation and that costs should be distributed across the entire MISO region, given DOE’s assertion of an emergency condition affecting all 15 states.

“This unprecedented order of the Department of Energy arbitrarily shifts potentially enormous costs onto customers for no real benefit,” Nessel stated. “As a result, my office is challenging DOE’s unlawful emergency order while simultaneously protecting customers from paying for it.”

Under federal regulations, the DOE has 30 days to respond to Nessel's request. There is no specific deadline for FERC to address Consumers Energy’s complaint.