Wolverine waits ruling from Missaukee circuit judge

by Richard Lamb, Advance Editor

Last year at this time, Wolverine Power Supply waited on a decision from the Department of Natural Resources and Environment?s (DNRE) on the cooperative?s main permit to construct a 600-megawatt (MW) power plant in Rogers Township. That ruling finally came in May, denying the permit.

This December, Wolverine is waiting again, this time for a ruling in Missaukee County Circuit Court. Wolverine is asking the court to reverse the action taken when the DNRE denied the permit and send it back to the state for reconsideration ?based on science and the law.? Secondly, it asks the judge to declare Gov. Jennifer Granholm?s executive order of 2009 unlawful, when she asked for input from the Michigan Public Service Commission (MPSC).

And Wolverine has help in its suit in the form of Michigan Attorney General Mike Cox. The attorney general entered the case as a plaintiff-intervenor, supporting Wolverine?s ?petition and motion for a summary disposition.? Cox agreed with Wolverine that

the DNRE?s denial of Wolverine?s application for a permit was ?unauthorized by law and thus seeks reversal and remand of the final agency action.?

Judge William Fagerman heard arguments on Wolverine?s motion for summary disposition and took the information under advisement. He is expected to issue a ruling in the coming weeks. The attorney general stated in his filing that the ?DNRE?s decision to deny Wolverine?s application for a permit to install based solely on a determination that there was not need for the electric generating capacity of the proposed coal-fired power plant was unauthorized by law.?

Cox had similar words for Gov. Granholm?s executive directive to the MPSC in February, 2009 asking the agency to give its opinion on the need for Wolverine?s proposed 600-megawatt (MW) power plant in Rogers Township. He called that directive ?unconstitutional to the extent they attempt to effect substantive changes to the law.? Wolverine officials continue to be optimistic about the future of the project and northern Michigan. The company remains focused on providing reliable and affordable power for its member-owners, officials say. The proposed 600-MW power plant fits that goal.

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