Lansing, Michigan – Michigan Attorney General Dana Nessel has again tried to stop a federal order that keeps a coal-fired power plant in West Michigan running. She says the decision is illegal and not based on real energy needs. Nessel has filed an additional request for a rehearing with the U.S. Department of Energy, in which she questions the agency’s third mandate that Consumers Energy keep the J.H. Campbell facility operational after its planned shutdown.
The filing is against the Department of Energy’s use of emergency powers under the Federal Power Act, alleging that the agency hasn’t shown that there is an actual emergency. The Attorney General’s office says that the decision is based on statements about the stability of the grid that don’t fit the current situation and disregard years of planning and approvals at the state level.
The most recent federal order requires Consumers Energy to keep the Campbell plant running until February 19, 2026, even though the Michigan Public Service Commission had already approved its retirement. The coal plant, which was built in the 1960s, was going to close as part of a larger move toward newer and cheaper sources of power. State authorities and grid operators had previously made plans for replacing the plant’s power and planned for the long term.
Nessel argues that the continued operation has come at a steep price. Reports say that previous federal orders from earlier this year added tens of millions of dollars in fees between late spring and early October alone. She noted that Michigan utility customers end up paying for those costs without getting any real benefits in terms of reliability.
Nessel said in her filing that the federal agency went too far by requiring longer operations without limiting the plant’s operating time to real crises or taking precautions to protect the environment.
“Nearly seven months into this fabricated emergency, what is now clear is that DOE will continue issuing these unlawful orders unless the courts intervene,” Nessel said. “My office has filed to halt these arbitrary orders each time, and we will continue to challenge them to protect Michigan ratepayers. These actions by DOE ignore careful planning, disregard regulatory approvals, and serve no purpose other than to drive up costs for utility customers while standing in the way of more efficient and cost-effective energy resources.”
The Attorney General’s office has previously taken the two earlier directives to court, but the cases are still pending. In November, Nessel asked for a stay of the most recent order, saying it was based on old data that was used to support what she calls a “manufactured emergency.”
The Department of Energy has 30 days to reply to the request for rehearing, according to federal law. The court battle over the Campbell plant’s future, and how it will affect costs, regulations, and energy policy in Michigan, will go on until then.