Great Lakes Wire

Yesterday, Michigan Attorney General Dana Nessel filed a Petition for Review with the U.S. Court of Appeals for the DC Circuit. The petition challenges an order from the U.S. Department of Energy (DOE) that mandates the continued operation of Consumers Energy’s J.H. Campbell coal-fired power plant in West Olive, Michigan. Nessel describes this order as arbitrary and illegal, issued under what she calls a fabricated energy emergency.

The Campbell Plant, built in the 1960s, was planned for retirement after extensive analysis by state regulators and inter-state power grid planners. Replacement power resources were procured to compensate for its closure. This plan was initially proposed by Consumers Energy in their June 2021 integrated resource plan application and included a settlement signed by several parties, including Attorney General Nessel. The Michigan Public Service Commission approved this settlement in June 2022.

Nessel previously filed a request for rehearing with DOE alongside public interest organizations and states such as Minnesota and Illinois but received no response from DOE. As a result, judicial review is now sought to challenge the DOE's order further.

“This unprecedented order by the Department of Energy declares an emergency without evidence," said Nessel, adding that it could impose enormous costs on utility customers without real benefits.

In her petition, Nessel argues that DOE's May 23 order disregards prior planning and regulatory approvals. She claims it exemplifies how the Trump administration allegedly declared false emergencies to advance policy agendas beyond normal authority.

Nessel also questions the DOE’s ability to demonstrate an actual emergency while highlighting violations of authority under the Federal Power Act. Her challenges include assertions that the DOE exceeded its granted authority and failed to minimize environmental impacts.

Last month, Nessel filed another pleading before FERC regarding Consumers Energy Company’s request to recover costs from running the Campbell Plant beyond its planned retirement date; this proceeding is ongoing.