Anti-nuclear Groups File Suit Against Palisades Restart

The Palisades nuclear power plant is situated on the Lake Michigan shoreline in southwest Michigan. 

(Ed. Note: This story was originally published by Bridge Michigan, a nonprofit and nonpartisan news organization. Visit the newsroom online: bridgemi.com.)

By Kelly House

Bridge Michigan


A coalition of anti-nuclear power groups has filed a lawsuit in hopes of stopping a planned restart of the Palisades nuclear power plant in southwest Michigan.

In a complaint filed Monday in the US District Court for the Western District of Michigan, the groups Beyond Nuclear, Don’t Waste Michigan, and Michigan Safe Energy Future argue the plant should never have received regulatory approval to restart once it was already slated for permanent shutdown.

They’ve asked the court to issue a permanent injunction against the plant’s reopening. 

The groups have accused Holtec Energy, the plant’s owners, of doing a “bait-and-switch” back in 2022, when the company bought the facility with the stated intention of dismantling it and later shifted focus to reopening it. 

Officials with Holtec contend the reopening can be done safely. Once the existing plant is back in service, they hope to build two additional small modular reactors on the property.

“The NRC’s approval to reauthorize power operations at Palisades followed a rigorous, independent review within the agency’s existing regulatory framework,” company spokesperson Nick Culp said. “As we move toward the plant’s historic restart, our top priority is ensuring the plant is prepared to return to long-term safe and reliable generation.”

Citing the fact that the plant was in decommissioning mode, Holtec claimed exemptions from some regulations applying to nuclear power plants while simultaneously claiming the plant still had an active license to ease its regulatory pathway to restart.

“Holtec is claiming that Palisades was both dead and alive at the same time,” said Arnie Gunderson, an expert witness for the plaintiffs and a former nuclear industry engineer.

Plaintiff groups fear those regulatory shortcuts could have serious safety consequences, including a meltdown resulting from degradation of the 54-year-old nuclear plant’s steam generator tubes. 

Palisades closed in 2022, a fate that had been planned for years because the plant’s expensive nuclear power could not compete on the open market against cheaper forms of energy. But Michigan officials soon began lobbying for a restart, citing fears of energy insecurity and an opportunity to tap into a multi-billion-dollar nuclear bailout fund that the Biden administration created.

The facility has since won billions of dollars in subsidies, with more requests pending to support what would be the nation’s first reopening of a closed nuclear power plant.

Earlier this year, federal nuclear power regulators issued a so-called “finding of no significant impact” indicating no major environmental concerns with the reopening plan. A series of additional regulatory approvals have followed, enabling Holtec to receive new nuclear fuel last month.

A spokesperson with the Nuclear Regulatory Commission said at the time that there are still “several licensing actions under NRC review and additional requirements that need to be met” before the plant can begin generating electricity.

Michigan lawmakers are now pondering a bill package that aims to further boost the industry with tax breaks, grants and other incentives. The package passed the state House last month and is now awaiting deliberation in the state Senate. 

The nuclear renaissance comes amid surging energy demand across the nation tied to the rapid expansion of energy-hungry data centers owned by the likes of Microsoft, Google and OpenAI. Michigan’s first announced data center, a proposed Stargate facility in Saline Township, would demand as much energy as more than a million homes, singlehandedly increase DTE Energy’s peak load by 25%.


State Child Support Unit Secures $450M for Michigan Children


Michigan Attorney General Dana Nessel is recognizing the significant achievements of the Child Support Unit of the Financial Crimes Division, which has been instrumental in identifying parents throughout the state who are capable of paying child support but deliberately refuse to do so. 

Since its establishment in 2003, the Child Support Unit has made significant strides in combating the problem of unpaid child support through its partnership with the Friend of the Court. The division has successfully collected more than $450 million in unpaid child support, directly benefitting nearly 31,000 children statewide. This fiscal year alone, the division has recovered $28.2 million. 

“I am proud of the incredible work our Child Support Unit does to make sure Michigan children are properly supported,” Nessel said. “I also want to thank the Friend of the Court and the many county prosecutors who work alongside us each day to hold accountable those who can pay child support but refuse to. Every child deserves stability and the assurance that their parents are contributing to their well-being. My office will continue to stand with Michigan’s children and ensure they receive the support they deserve.” 

“Child support enforcement is about helping children thrive,” said Elizabeth Hertel, director of the Michigan Department of Health and Human Services. “We are thankful for the important work the Child Support Unit does every day to protect the safety and well-being of children and families across Michigan, helping them gain stability and have a stronger foundation for the future.” 

The Child Support Unit of the Financial Crimes Division focuses on parents with a history of non-payment and significant arrearages of at least $5,000 or 24 months of substantial non-payment, whichever is greater. By focusing on those who are financially capable but unwilling to pay child support, the division upholds the integrity of the Court’s orders and reinforces the importance of parental responsibility. Failing to pay child support is a felony punishable by up to four years of incarceration or by a fine of not more than $2,000, or both. 

In addition to benefitting Michigan’s children, the unit’s efforts also provide financial relief to the state. By recovering funds that were paid as cash assistance provided to custodial parents, the unit not only covers its operating costs, but also returns revenue to the state. More than $3.2 million has been returned to the State Department of Treasury this fiscal year. 

Custodial parents who have experienced a history of non-payment and are owed significant back child support can file a complaint online with the Department of Attorney General’s Child Support Unit or call 517-335-7560.


Energy Department Again Orders Campbell Plant to Stay Open


By Greg Chandler
Zeeland Record


The Trump administration has issued a third emergency order to keep Consumers Energy’s J.H. Campbell coal-fired power plant in Port Sheldon Township open through the winter months.

U.S. Energy Secretary Chris Wright on Nov. 19 ordered the Campbell plant continue to remain open for another 90-day period, ending Feb. 17 of next year, saying the extension was needed to address grid reliability issues in the Midwest heading into winter. 

The order also directs the Midcontinent Independent System Operator (MISO), which manages the region’s electric grid, to work with Consumers Energy “to take every step to minimize costs for the American people.”

Wright claimed the extension of the order was authorized under Section 202(c) of the Federal Power Act and in accordance with an earlier national energy emergency declaration by President Trump. 

“Because of the last administration’s dangerous energy subtraction policies targeting reliable and affordable energy sources, the United States continues to face an energy emergency,” Wright said in an Energy Department news release.?“The Trump administration will keep taking action to reverse these energy subtraction policies, lowering energy costs and minimizing the risks of blackouts. Americans deserve access to affordable, reliable and secure energy regardless of whether the wind is blowing or the sun is shining, especially in dangerously cold weather." 

Shortly after the new order was issued, Michigan Attorney General Dana Nessel filed a motion to stay the order, saying it was “based on an outdated reliability assessment report to fabricate the emergency.”

The Campbell plant had been scheduled to shut down on May 21 under a June 2022 settlement agreement between Consumers and the Michigan Public Service Commission. In that settlement, the utility agreed to shut down the three units at Campbell this year as part of an overall corporate plan to move toward natural gas and renewable energy as sources of generating power. Wright said the planned closure of Campbell came 15 years before the end of its useful life.

The Department of Energy issued its original order to keep Campbell open on May 23, and extended that order on Aug. 20.

“The emergency conditions that led to the issuance of (the earlier orders) continue, both in the near and long term. The production of electricity from the Campbell Plant will continue to be a critical asset to maintain reliability in MISO,” Wright wrote in a memo as part of the new order.

The Campbell plant generated an average of about 509,000 kilowatt hours per month from June through September of this year, Wright wrote, citing statistics from the U.S. Environmental Protection Agency.

Between June 11 and Nov. 5, MISO issued dozens of alerts to manage grid reliability in its Central Region in response to hot weather, severe weather, high customer load, forced generation outages, and transfer capability limits, Wright said.

According to studies from the North American Electric Reliability Corporation (NERC) published each of the last two years, the MISO grid has been assessed as having an elevated risk, with the “potential for insufficient operating reserves in above-normal conditions.” 

Nessel contends in her motion that the NERC winter reliability assessment used to support the new order was “outdated.” She said the current NERC winter report was publicly released hours before the Energy Department issued its order, and showed there was “sufficient electric generation for the MISO region.” 

“DOE is using outdated information to fabricate an emergency, despite the fact that the truth is publicly available for everyone to see,” Nessel said. “DOE must end its unlawful tactics to keep this coal plant running when it has already cost millions upon millions of dollars. My office will continue to fight back against these arbitrary orders and ensure residents aren’t forced to foot the bill for these unreasonable costs.” 

Nessel previously filed petitions for review to the U.S. Court of Appeals for the D.C. Circuit on the prior two Section 202(c) orders halting the planned retirement of the Campbell plant. No rulings have yet been issued.

Environmental groups in Michigan and around the country also objected to the new Campbell order.

“Energy bills are skyrocketing and costs for everything are going up, yet the Trump administration just guaranteed another rate hike for Michiganders,” said Alex Kellogg, energy accountability manager for Michigan League of Conservation Voters. “President Trump fabricated a false ‘energy emergency’ to keep this outdated, expensive fossil fuel plant open – even though it was days away from being shut down. His move to keep Campbell open is making our bills higher and our energy dirtier just to score political points with the dying coal industry that backed him heavily in the election.”
Consumers is following the Energy Department order, spokesman Brian Wheeler said.

“Consistent with a Federal Energy Regulatory Commission (FERC) order, the costs to operate the Campbell plant will be shared by customers across the Midwest electric grid region – not solely by Consumers Energy customers,” Wheeler said. “We are planning to submit a cost recovery filing to FERC later this year outlining net costs to operate the plant during the first 90 days.”

Consumers has shared a regulatory filing with the U.S. Securities and Exchange Commission that showed the net financial impact of the Campbell orders on the utility had reached $80 million as of Sept. 30, Wheeler said.