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Attorneys general

Michigan Attorney General Challenges DOE's Order to Keep Coal-Fired Power Plant Online

Strategic Insights

— 2 min read

The State of Michigan's Attorney General, Dana Nessel, has filed a petition with the U.S. Court of Appeals for the DC Circuit challenging the U.S. Department of Energy's (DOE) arbitrary and illegal order to keep the Consumers Energy's J.H. Campbell coal-fired power plant in West Olive, Michigan, online. The retirement of the plant, originally built in the 1960s, was initially sought by Consumers Energy in its 2021 integrated resource plan application, and a settlement was reached with the Michigan Public Service Commission in 2022. The retirement was expected to save Michigan ratepayers nearly $600 million. Attorney General Nessel argues that the DOE's order disregards prior planning and regulatory approvals, and will potentially put enormous costs onto utility customers who receive no real benefit.

Key Takeaways:

  • The U.S. Department of Energy (DOE) issued an order on May 23, 2025, forcing the continued operation of the J.H. Campbell coal-fired power plant in West Olive, Michigan, under the pretense of a fabricated energy emergency.
  • The retirement of the Campbell Plant was initially sought by Consumers Energy in its June 30, 2021, integrated resource plan application and was approved by the Michigan Public Service Commission in June 2022.
  • The retirement was expected to save Michigan ratepayers nearly $600 million.
  • The DOE's order disregards prior planning and regulatory approvals, and will potentially put enormous costs onto utility customers who receive no real benefit.
  • The Attorney General's petition challenges the DOE's order on its inability to show an actual emergency, as well as for several other violations of the DOE's authority under the Federal Power Act.
  • The Attorney General's challenges include that the order as issued exceeds the authority granted to the DOE, and that the DOE failed to take required steps to limit the amount of operation to only when necessary and to minimize environmental impacts.

Statistics:

  • $600 million: The estimated savings for Michigan ratepayers if the Campbell Plant were to be retired as planned.
  • 1960s: The year the Campbell Plant was originally built.
  • 2021: The year Consumers Energy initially sought to retire the Campbell Plant in its integrated resource plan application.
  • 2022: The year the Michigan Public Service Commission approved the retirement of the Campbell Plant in settlement with Consumers Energy.
  • May 23, 2025: The date on which the DOE issued its order to keep the Campbell Plant online.

Sources:

  • Michigan Attorney General Dana Nessel, "Petition for Review" (PDF)
  • U.S. Department of Energy, "Order to Cancel the Campbell Retirement"
  • Consumers Energy, "Integrated Resource Plan Application" (June 30, 2021)
  • Michigan Public Service Commission, "Order Approving Settlement" (June 2022)
  • Organization of Midcontinent Independent System Operator States, "Request for Rehearing" (with Attorney General Nessel and other public interest organizations)

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