AG Nessel has filed a Request for Rehearing (PDF) with the U.S. Department of Energy (DOE) challenging DOE’s third arbitrary and illegal order seeking to stop the planned retirement of Consumers Energy’s J.H. Campbell coal-fired power plant in West Olive, Michigan, under the pretense of a fabricated energy emergency. The filing challenges DOE’s order on its inability to show an actual emergency, as well as for several other violations of DOE’s authority under the Federal Power Act, which grants DOE’s emergency powers.

“Nearly seven months into this fabricated emergency, what is now clear is that DOE will continue issuing these unlawful orders unless the courts intervene. My office has filed to halt these arbitrary orders each time, and we will continue to challenge them to protect Michigan ratepayers. These actions by DOE ignore careful planning, disregard regulatory approvals, and serve no purpose other than to drive up costs for utility customers while standing in the way of more efficient and cost-effective energy resources.” -AG Nessel