AG Nessel to Challenge 6th Unlawful DOE Order Forcing Operation of J.H. Campbell Plant

LANSING – Today, Michigan Attorney General Dana Nessel is announcing her intent to file a request for rehearing with the U.S. Department of Energy (DOE), challenging the Department’s 6th and latest arbitrary and unlawful order (PDF) forcing the continued operation of Consumers Energy’s J.H. Campbell coal-fired power plant in West Olive, Michigan, under the pretense of a fabricated energy emergency. On Friday, DOE issued the order under Federal Power Act Section 202(c) forcing Consumers Energy to run the J.H. Campbell coal plant until November 14, 2026, nearly a year and a half beyond its previously approved retirement date of May 31, 2025.

“After six so-called emergency orders, it is clear that DOE intends to stretch Section 202(c) of the Federal Power Act to force an aging, obsolete plant to operate indefinitely,” said Attorney General Nessel. “Hundreds of millions of dollars in unnecessary costs are stacking up, and Michigan families will be forced to foot the bill to keep online a plant that should have been retired more than a year ago. My office remains committed to challenging these unlawful extensions before the Court to protect our ratepayers.”

The retirement of the Campbell Plant, originally built in the 1960s, and its replacement with more cost-effective resources were elements of a carefully considered plan. This included the procurement of replacement power resources, and the planning for future resources, to more than account for the removal of the J.H Campbell Plant. The retirement was expected to save Michigan ratepayers nearly $600 million. Instead, Consumers Energy has reported $295 million in costs associated with the Campbell plant from May 2025 to June 30, 2026, which the utility is seeking to recover from electric customers across the north and central regions of Midcontinent Independent System Operator.

Attorney General Nessel has consistently argued that DOE has not been able to show an actual emergency to justify the continued operation of the J.H. Campbell Plant. She has already filed five requests for rehearing with the DOE and four petitions for review with the U.S. Court of Appeals for the District of Columbia Circuit. The Department of Attorney General recently gave oral arguments before the Court challenging DOE’s original May 23, 2025, order.

In addition, the Attorney General is litigating before the Federal Energy Regulatory Commission after it granted Consumers Energy’s request to allocate the costs of continuing to run the J.H. Campbell coal plant to the Midcontinent Independent System Operator north and central regions, which consists of 11 states and one Canadian province. The Attorney General has argued that because the underlying DOE orders forcing the coal plant to run are unlawful, cost recovery from Midcontinent Independent System Operator ratepayers would also be unlawful. The Attorney General has further challenged similar DOE orders targeting coal plants in Indiana, seeking to protect Michiganders from the costs of those unlawful orders as well.

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