Yesterday, Michigan Attorney General Dana Nessel filed a brief in support of her appeal (PDF) in the Michigan Court of Appeals challenging the Michigan Public Service Commission’s “conditional approval” of two special contracts to service a 1.4 gigawatt hyperscale AI data center in Washtenaw County. The Commission approved those contracts under ex parte consideration, denying the Attorney General’s request to hold a contested case over the contracts, relying on a critically flawed interpretation of a narrow exemption afforded under MCL 460.6a(3).

“It is essential we hold the Commission accountable to the law. Not only to protect Michigan residents and utility customers from the worst hazards posed by these DTE contracts, but to ensure every proposed massive data center contract in the future is thoroughly and fairly scrutinized. It is my hope the Court will order the MPSC to hold a full contested case over these still-secret, and likely damaging, contracts.” – AG Nessel