Ottawa County won't take legal action to stop coal plant closure
The vote Tuesday was 7-4, failing the motion to pursue legal action.The resolution did not specify who would be the target of any possible litigation. Commissioner Allison Miedema, who proposed the resolution, said that was intentionally left broad so legal counsel wouldn't be limited in their options.
Consumers Energy is in Port Sheldon Township on May 31 and eventually demolish it as part of a transition to renewable energy. The plant will close years earlier than originally planned.
Earlier this year, the Ottawa County board asked the Michigan Public Service Commission to reconsider its after from the North American Electric Reliability Corporation suggested the power grid around the Midwest is at high risk for blackouts because new energy sources aren't keeping pace with generator shutdowns. Undeterred, Consumers said things will be fine because a new natural gas plant in Covert Township and two facilities will meet the need.
During public comment Tuesday, some people urged the board to go forward with legal action.
'Before putting our grid system at risk of not being able to meet demands, I urge the board to do everything in its power' to prevent the closure, one person said.
Ottawa County considers legal action to prevent coal plant closure
While several commissioners still have concerns about closing the plant years earlier than planned, in the end, not enough of them favored going to the courts to try to keep it open.
'How can we prudently say we're going to give a blank check to our litigators and move ahead without a full analysis of this case?' Board Chair John Teeples said. 'I think it's imprudent. I think it's impulsive.'
'I was a little surprised, though there might be a couple more people who would like to take the next step to exercise our constitutional authority,' Commissioner Joe Moss said. 'There is a strong sense among board members to actually delay the closure and retake a fresh look at the information.'
Before the vote, Moss had asked Teeples whether he would support litigation if the cost of any legal work was be capped at $20,000 or $40,000, for example.
'There's no sense wasting any more taxpayer dollars on this,' Teeples said. 'I'd say no. I think the county's done enough.'
Moss countered that it could be worth it.
'I would much rather spend a small amount of money now than not be able to in a month and a half,' Moss said.
Canadian company tapped to handle coal ash left by Campbell power plant
Commissioners say the Trump administration is looking into this and could get involved.
'I think we're going to have much more satisfactory movement there than entering into an expensive additional litigation,' Commissioner Jacob Bonnema said.
Moss said he hoped litigation could spur action by the Trump administration. Still, he remained unsure what authority or impact the federal government could have on the project and if it would be able to act fast enough, especially with the clock ticking.
'We have a very short timeline until the early closure occurs,' he said.
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