Michigan Attorney General Dana Nessel has filed an appeal against the U.S. Department of Energy’s decision to keep the J.H. Campbell coal plant operating. The appeal was submitted to the U.S. Court of Appeals in Washington, D.C. Nessel’s office stated that the U.S. Department of Energy’s action goes against state plans to retire the plant and could lead to added costs for Michigan utility customers, according to the Department of Attorney General.
The Campbell Plant, which began operating in the 1960s, was scheduled to retire after a regulatory review. However, on May 23, the U.S. Department of Energy issued an order to keep the plant running. Michigan Attorney General Dana Nessel, along with officials from Minnesota, Illinois, Maryland, and other groups, is challenging the decision. They say the order goes against previous approvals and lacks evidence of an emergency. “This unprecedented order by the Department of Energy declares an emergency without evidence,” Nessel said. She also stated, “I will continue to fight to protect Michigan customers from unreasonable costs imposed by the federal government,” as reported by the Department of Attorney General.
The financial effects of the U.S. Department of Energy's order to keep a Michigan coal plant running are still unclear. Consumers Energy Company is trying to recover the costs of operating the plant past its planned shutdown. Last month, Attorney General Nessel raised questions about the cost of the decision, and the case is still under review by the Federal Energy Regulatory Commission. The legal challenge argues the U.S. Department of Energy had an “inability to show an actual emergency” and claims the agency went beyond its authority under the Federal Power Act. It is not yet known if the plant will continue running after August, as stated by the Department of Attorney General.
