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Attorney General Nessel Joins Coalition Challenging Flawed Department of Energy’s Report on Electric Resource Adequacy

LANSING Michigan Attorney General Dana Nessel has joined a coalition of nine attorneys general in filing a Request for Rehearing (PDF) with the U.S. Department of Energy (DOE), challenging a recently issued report that could be used to justify keeping outdated, coal-powered plants in operation. The report, titled “Resource Adequacy Report: Evaluating the Reliability and Security of the United States Electric Grid” was issued by the DOE on July 7 pursuant to an executive order from President Donald Trump. The report claims the U.S. will face a significantly increased risk of power outages by 2030 if scheduled coal and natural gas plant retirements are allowed to proceed. It recommends keeping these plants running to maintain grid reliability.

“This report is based on flawed assumptions, overstates risks, and attempts to override the authority of states and regional regulators all to appease President Trump,” Nessel said. “We cannot allow the federal government to use a manufactured emergency to prop up outdated coal plants at the expense of Michigan families and our energy future.”

The coalition warns that the DOE report could be used as the basis to renew emergency orders under the Federal Power Act that force the continued operation of aging coal-powered plants. This includes holding open the J.H. Campbell coal-powered plant in Michigan, which Attorney General Nessel is already challenging in federal court. The report may also serve as justification for future orders affecting coal plants in the state and across the country.

In the Request for Rehearing, the attorneys general state that the DOE’s report:

  • Relies on flawed assumptions about electric grid reliability;
  • Prejudges outcomes in order to support the continued operation of coal and natural gas power plants;
  • Fails to clearly define what constitutes an “emergency” under the Federal Power Act; and
  • Attempts to set nationwide resource adequacy standards and regulate sources of electricity generation, which are under the purview of the states and the Federal Energy Regulatory Commission.

Under the Federal Power Act, the DOE has 30 days to respond to the coalition’s request. Attorney General Nessel was joined by the attorneys general of Arizona, Colorado, Connecticut, Illinois, Maryland, Minnesota, New York, and Washington in filing the rehearing request.

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