LANSING – Yesterday, Michigan Attorney General Dana Nessel filed a motion to stay (PDF) the U.S. Department of Energy’s (DOE) third arbitrary and illegal order to stop the planned retirement of Consumers Energy’s J.H. Campbell coal-fired power plant in West Olive, Michigan. The motion seeks to immediately halt DOE’s order, which the Attorney General asserts is based on an outdated reliability assessment report to fabricate the emergency. 

DOE’s third order under Federal Power Act Section 202(c), issued earlier this week, forces Consumers Energy to run the J.H. Campbell coal plant until February 19, 2026, despite the planned retirement of the plant as approved by the Michigan Public Service Commission. DOE’s previous Section 202(c) orders have already cost tens of millions of dollars between May 31 to September 30 across the 15-state region overseen by the Midcontinent Independent System Operator (MISO).  

Attorney General Nessel contends in her motion that the latest DOE order relies on an outdated North American Electric Reliability Corporation (NERC) winter reliability assessment to support its claim of an emergency in MISO. In its order, DOE claimed the current winter assessment had not yet been issued. However, the current NERC winter report (PDF) was publicly released hours before DOE issued its order. The recently released NERC reliability assessment report for this winter shows sufficient electric generation for the MISO region, undermining DOE’s claimed justification for keeping the J.H. Campbell plant operational. 

“DOE is using outdated information to fabricate an emergency, despite the fact that the truth is publicly available for everyone to see,” Nessel said. “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 previously filed petitions for review to the U.S. Court of Appeals for the D.C. Circuit on the prior two Section 202(c) orders halting the planned retirement of the J.H. Campbell plant. No rulings have yet been issued.