A 3-0 D.C. Circuit panel ruled the Energy Department lacked authority to keep Michigan's 64-year-old J.H. Campbell coal plant open.

A unanimous three-judge D.C. Circuit panel ruled Friday, Sept. 11, that the Energy Department exceeded its authority by ordering the West Olive coal plant to stay online. The judges held that Section 202(c) of the Federal Power Act (a temporary emergency provision for sudden power shortfalls) cannot override an orderly retirement vetted by regional grid operators. “ essentially a narrow, last-resort backstop.” — Judge Cornelia Pillard Where it stands. Plant owner Consumers Energy said the facility will keep running through Nov. 14 under a subsequent 90-day federal order while the administration decides whether to seek an en banc rehearing or appeal to the Supreme Court.

What the emergency plant orders cost and cover nationwide:

• Nearly $1 billion in total ratepayer costs across all federal emergency plant directives.
• One dual-fuel oil-and-gas facility in Pennsylvania also forced to remain online.