Ohio GOP Proposes Bill to Block Coal Plant Closures
New legislation aims to override settlement agreements to keep aging coal plants operational.
1Ohio GOP Legislative Intervention
Ohio Republican lawmakers are drafting legislation to prevent coal-fired power plants from closing, even when owners have existing contractual obligations to shut down. The proposal aims to pass before Governor-elect Amy Acton takes office in January. This move seeks to bypass legal settlements that mandate facility closures across the state.
2Targeting Cardinal Power Plant
The bill specifically impacts the 620-megawatt unit at the Cardinal power plant in eastern Ohio, currently scheduled to close by late 2028. This closure was part of a 2015 settlement between the Sierra Club and American Electric Power. Buckeye Power, which acquired the plant in 2022, now supports the legislative effort.
3Retroactive Contractual Nullification
Critics argue the bill violates the Ohio Constitution by imposing retroactive laws that invalidate previous private and regulatory agreements. The legislation would allow plant owners to ignore settlement terms if requested by agencies. This creates a precedent where state law could override legally binding contracts reached in court or regulatory proceedings.
4Grid Reliability Justification
Proponents justify the bill by citing grid reliability concerns, echoing federal claims that aging coal plants are essential to prevent power outages. Buckeye Power describes the proposal as a balanced solution to keep electricity affordable. However, opponents maintain that existing mechanisms already exist to assess if specific facilities are technically necessary.
5PJM Interconnection Analysis
PJM Interconnection, the regional grid operator, is currently analyzing the impact of the Cardinal unit's scheduled deactivation by January 2029. Despite this ongoing process, PJM officials have urged Buckeye Power to seek waivers for the closure. This pressure follows federal declarations of a grid emergency linked to rising data center demand.
6Regulatory and Federal Friction
The Public Utilities Commission of Ohio recently claimed it never approved the 2016 settlement agreement, despite records showing it was greenlit in March 2016. This administrative stance complicates the enforcement of closure mandates. Such regulatory shifts highlight the ongoing tension between state-level energy policy and existing environmental settlement obligations.
7Legislative Lame-Duck Strategy
Republican lawmakers hope to push this bill through during the current lame-duck session, which concludes on December 31. This timing is critical because the GOP will lose its supermajority in the House next year. Representative Tristan Rader warns that the bill might be attached to other legislation to ensure its passage.
8Future of Environmental Settlements
The bill could severely limit the bargaining power of community and environmental groups in future regulatory disputes. While the language targets state-level settlements, it creates uncertainty regarding how private parties can resolve nuisance or permit violations. This shift signals a broader trend of prioritizing existing fossil fuel infrastructure over environmental commitments.
Original article: Canary Media — Ohio GOP Proposes Bill to Block Coal Plant Closures