Section 202(c) of the Federal Power Act empowers the Secretary of Energy to order “temporary connections” of generation and transmission in response to a war or an emergency that causes “a sudden increase in the demand for electric energy or a shortage” of supply. An order issued by the Secretary can exempt affected power plants from Federal, State, or local environmental rules, such as air emission limits. Section 202(c) orders expire after 90 days but may be renewed by the Secretary. Historically, 202(c) orders have typically responded to industry requests for a DOE order following or in anticipation of short-term emergencies, such as hurricanes and heat waves.

Under the Federal Power Act, a party challenging a section 202(c) order must file a rehearing request with the Department of Energy before seeking review in a U.S. court of appeals.

Michigan v. U.S.
In July 2025, Michigan and various environmental advocacy organizations challenged the Department of Energy’s May 2025 section 202(c) order in the U.S. Court of Appeals for the D.C. Circuit.

On May 23, 2025, Secretary Wright issued a 202(c) order about the 1,560 MW J.H. Campbell coal-fired power plant in Michigan . Neither Consumers Energy, which owns the plant, nor MISO, the regional transmission operator, requested DOE’s order. To the contrary, the utility was preparing to retire the Campbell plant in coordination with MISO pursuant to a settlement agreement that was approved by the Michigan Public Service Commission in 2022.

The Secretary’s order blocked the planned May 30 retirement. The order asserts that an “emergency exists in portions of the Midwest region of the United States due to a shortage of electric energy [and] a shortage of facilities for the generation of electric energy.” The order requires “MISO and Consumers Energy [to] take all measures necessary to ensure that the Campbell Plant is available to operate.”

DOE’s Section 202(c) Order (May 23, 2025)

Filings
State of Michigan’s Request for Rehearing (Jun. 18, 2025)
Environmental Advocacy Organizations’ Request for Rehearing (Jun. 18, 2025)
Organization of MISO States Request for Rehearing (Jun. 23, 2025)

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Natural Resources Defense Council, et al. v. U.S.

In October 2025, various environmental advocacy organizations challenged the Department of Energy’s May 2025 section 202(c) order in the U.S. Court of Appeals for the D.C. Circuit.

On May 30, 2025, Secretary Wright issued a 202(c) order about the 820 MW Eddystone plant in Pennsylvania. The facility’s steam boiler turbine generators can run on natural gas or distillate fuel oil. Eddystone operates as a peaker facility and produced energy during fewer than 1 percent of all hours in each of the past four years. In 2023, Constellation Energy, the facility’s owner, notified PJM that it intended to deactivate the facility by May 31, 2025.

The Secretary’s order blocked the planned retirement. The order asserts that an “emergency exists in portions of the electricity grid operated by PJM due to a shortage of facilities for the generation of electric energy [and] resource adequacy concerns.” The order directs “PJM and Constellation Energy [to] take all measures necessary to ensure that Eddystone Units are available to operate.

DOE’s Section 202(c) Order (May 30, 2025)

Filings
Environmental Advocacy Organizations’ Request for Rehearing (Jun. 25, 2025)
Consumer Advocates’ Request for Rehearing (Jun. 25, 2025)