States, enviro groups fight Trump plan to keep dirty power plants going
In late spring, the Department of Energy ordered two aging and costly fossil-fueled power plants that were on the verge of shutting down to stay open. The agency claimed that the moves were necessary to prevent the power grid from collapsing — and that it has the power to force the plants to stay open even if the utilities, state regulators, and grid operators managing them say that no such emergency exists. But state regulators, regional grid operators, environmental groups, and consumer groups are pushing back on the notion that the grids in question even need these interventions — and are challenging the legality of the DOE’s stay-open orders. The DOE claimed that the threat of large-scale grid blackouts forced its hand. But state utility regulators, environmental groups, consumer advocates, and energy experts say that careful analysis from the plant’s owners, state regulators, regional grid operators, and grid reliability experts had determined both plants could be safely closed. These groups argue that clean energy, not fossil fuels, are the true solution to the country’s grid challenges — even if the “big, beautiful” bill signed by Trump last week will make those resources more expensive to build. Some of the environmental organizations challenging DOE’s orders have pledged to take their case to federal court if necessary. “We need to get more electrons on the grid. We need those to be clean, reliable, and affordable,” said Robert Routh, Pennsylvania climate and energy policy director for the Natural Resources Defense Council, one of the groups demanding that DOE reconsider its orders. Keeping J.H. Campbell and Eddystone open “results in the exact opposite. It’s costly, harmful, unnecessary, and unlawful.” Taking on the DOE’s grid emergency claims The groups challenging the DOE’s J.H. Campbell and Eddystone stay-open orders point out that the agency is using a power originally designed to protect the grid against unanticipated emergencies, including during wartime, but without proving that such an emergency is underway. “This authority that the Department of Energy is acting under — Section 202(c) of the Federal Power Act — is a very tailored emergency authority,” said Caroline Reiser, NRDC senior attorney for climate and energy. “Congress intentionally wrote it only to be usable in specific, narrow, short-term emergencies. This is not that.” For decades, the DOE has used its Section 202(c) power sparingly, and only in response to requests from utilities or grid operators to waive federal air pollution regulations or other requirements in moments when the grid faces imminent threats like widespread power outages, Reiser said. But DOE’s orders for Eddystone and J.H. Campbell were not spurred by requests from state regulators or regional grid operators. In fact, the orders caught those parties by surprise. They also came mere days before the plants were set to close down and after years of effort to ensure their closure wouldn’t threaten grid reliability. J.H. Campbell was scheduled to close in May under a plan that has been in the works since 2021 as part of a broader agreement between utility Consumers Energy and state regulators, and which was approved by the Midcontinent Independent System Operator (MISO), the entity that manages grid reliability across Michigan and 14 other states. “The plant is really old, unreliable, extremely polluting, and extremely expensive,” Reiser said. “Nobody is saying that this plant is needed or is going to be beneficial for any reliability purposes.” To justify its stay-open order, DOE cited reports from the North American Electric Reliability Corp. (NERC), a nonprofit regulatory authority that includes utilities and grid operators in the U.S. and Canada. NERC found MISO is at higher risk of summertime reliability problems than other U.S. grid regions, but environmental groups argue in their rehearing request that DOE has “misrepresented the reports on which it relies,” and that Consumers Energy, Michigan regulators, and MISO have collectively shown closing the plant won’t endanger grid reliability. Eddystone, which had operated only infrequently over the past few years, also went through a rigorous process with mid-Atlantic grid operator PJM Interconnection to ensure its closure wouldn’t harm grid reliability. The DOE’s reason for keeping that plant open is based on a report from PJM that states the grid operator might need to ask utility customers to use less power if it faces extreme conditions this summer — an even scantier justification than what the agency cited in its J.H. Campbell order, Reiser said. As long as the DOE continues to take the position that it can issue emergency stay-open orders to any power plant it decides to, these established methods for managing plant closures and fairly allocating costs will be thrown into disarray, she said. “We have a system of competitive energy markets in the United States that is successful in keeping the lights on and maintaining reliability the vast, vast majority of the time,” Reiser said. “The Department of Energy stepping in and using a command-and-control system interferes with those markets.”
In late spring, the Department of Energy ordered two aging and costly fossil-fueled power plants that were on the verge of shutting down to stay open. The agency claimed that the moves were necessary to prevent the power grid from collapsing — and that it has the power to force the plants to stay open even if the…
In late spring, the Department of Energy ordered two aging and costly fossil-fueled power plants that were on the verge of shutting down to stay open. The agency claimed that the moves were necessary to prevent the power grid from collapsing — and that it has the power to force the plants to stay open even if the utilities, state regulators, and grid operators managing them say that no such emergency exists.
But state regulators, regional grid operators, environmental groups, and consumer groups are pushing back on the notion that the grids in question even need these interventions — and are challenging the legality of the DOE’s stay-open orders.
The DOE claimed that the threat of large-scale grid blackouts forced its hand. But state utility regulators, environmental groups, consumer advocates, and energy experts say that careful analysis from the plant’s owners, state regulators, regional grid operators, and grid reliability experts had determined both plants could be safely closed.
These groups argue that clean energy, not fossil fuels, are the true solution to the country’s grid challenges — even if the “big, beautiful” bill signed by Trump last week will make those resources more expensive to build. Some of the environmental organizations challenging DOE’s orders have pledged to take their case to federal court if necessary.
“We need to get more electrons on the grid. We need those to be clean, reliable, and affordable,” said Robert Routh, Pennsylvania climate and energy policy director for the Natural Resources Defense Council, one of the groups demanding that DOE reconsider its orders. Keeping J.H. Campbell and Eddystone open “results in the exact opposite. It’s costly, harmful, unnecessary, and unlawful.”
Taking on the DOE’s grid emergency claims
The groups challenging the DOE’s J.H. Campbell and Eddystone stay-open orders point out that the agency is using a power originally designed to protect the grid against unanticipated emergencies, including during wartime, but without proving that such an emergency is underway.
“This authority that the Department of Energy is acting under — Section 202(c) of the Federal Power Act — is a very tailored emergency authority,” said Caroline Reiser, NRDC senior attorney for climate and energy. “Congress intentionally wrote it only to be usable in specific, narrow, short-term emergencies. This is not that.”
For decades, the DOE has used its Section 202(c) power sparingly, and only in response to requests from utilities or grid operators to waive federal air pollution regulations or other requirements in moments when the grid faces imminent threats like widespread power outages, Reiser said.
But DOE’s orders for Eddystone and J.H. Campbell were not spurred by requests from state regulators or regional grid operators. In fact, the orders caught those parties by surprise.
They also came mere days before the plants were set to close down and after years of effort to ensure their closure wouldn’t threaten grid reliability. J.H. Campbell was scheduled to close in May under a plan that has been in the works since 2021 as part of a broader agreement between utility Consumers Energy and state regulators, and which was approved by the Midcontinent Independent System Operator (MISO), the entity that manages grid reliability across Michigan and 14 other states.
“The plant is really old, unreliable, extremely polluting, and extremely expensive,” Reiser said. “Nobody is saying that this plant is needed or is going to be beneficial for any reliability purposes.”
To justify its stay-open order, DOE cited reports from the North American Electric Reliability Corp. (NERC), a nonprofit regulatory authority that includes utilities and grid operators in the U.S. and Canada. NERC found MISO is at higher risk of summertime reliability problems than other U.S. grid regions, but environmental groups argue in their rehearing request that DOE has “misrepresented the reports on which it relies,” and that Consumers Energy, Michigan regulators, and MISO have collectively shown closing the plant won’t endanger grid reliability.
Eddystone, which had operated only infrequently over the past few years, also went through a rigorous process with mid-Atlantic grid operator PJM Interconnection to ensure its closure wouldn’t harm grid reliability. The DOE’s reason for keeping that plant open is based on a report from PJM that states the grid operator might need to ask utility customers to use less power if it faces extreme conditions this summer — an even scantier justification than what the agency cited in its J.H. Campbell order, Reiser said.
As long as the DOE continues to take the position that it can issue emergency stay-open orders to any power plant it decides to, these established methods for managing plant closures and fairly allocating costs will be thrown into disarray, she said.
“We have a system of competitive energy markets in the United States that is successful in keeping the lights on and maintaining reliability the vast, vast majority of the time,” Reiser said. “The Department of Energy stepping in and using a command-and-control system interferes with those markets.”