Nebraska’s attorney general is suing the state’s largest electric utility in an attempt to block partial retirement of an aging coal- and gas-fired power plant.
Attorney General Mike Hilgers (R) said the plan would increase cost and decrease system reliability.
The Omaha Public Power District converted three of the five generating units at the North Omaha Station from coal to gas in 2016. It is preparing to retire those units, which date to the 1950s, and perform a coal-to-gas conversion on the other two units, which date to the 1960s.
Hilgers sued OPPD in Douglas County Court on Oct. 9, saying the move would reduce output of the plant by 40% at a time when demand is rising and would boost prices for ratepayers who now enjoy some of the least expensive electricity in the nation.
Maintaining the status quo at the North Omaha Station would save OPPD and its ratepayers more than $40 million over the next five years and nearly $440 million over the next 15 years, Hilgers said in a news release.
The plan therefore directly conflicts with the legislative vision for public power in Nebraska, Hilgers said.
“Public power providers should not achieve their self-imposed environmental goals by raising prices for Nebraska consumers,” he said. “The proposed changes at North Omaha Station do not align with the fundamental objectives outlined by the Legislature, undermining the promise of public power.”
OPPD did not respond to a request for comment for this story.
Nebraska’s Largest
With 413,000 retail customers and annual sales of 17.1 million MWh, OPPD is the largest of 166 utilities in the only state served entirely by publicly owned utilities, serving approximately 45% of Nebraska’s residents. The 563-MW North Omaha Station is the second-largest generation asset in OPPD’s over-3.2-GW portfolio.
The station’s location on the edge of a neighborhood with a higher poverty rate and a higher percentage of Black residents than the rest of Douglas County has led to complaints of environmental racism as the process of conversion and retirement stretched over more than a decade.
OPPD initially had targeted completion in 2023, but in 2022, its board voted to postpone the move until two new natural gas facilities finished construction and completed the SPP interconnection process. That has happened: The 450-MW Turtle Creek Station started operation in June, and the 150-MW Standing Bear Lake Station apparently is complete.
The move runs counter to the pro-coal stance of President Donald Trump and some other Republicans. Nebraska Gov. Jim Pillen (R) applauded the lawsuit, saying: “It’s foolish for any power district to turn away from the single-most affordable means of energy production known to mankind. Nebraska is blessed to have readily available coal reserves in Wyoming and the railroad infrastructure to get it here.”
Hilgers’ lawsuit draws heavily on OPPD’s own statements and data. It states and asserts:
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- The mission of Nebraska’s public power utilities as dictated by unambiguous state policy is to provide reliable electricity at the lowest cost consistent with sound business judgment.
- OPPD policies — notably the decision to end coal at the North Omaha Station — prioritize other considerations.
- By OPPD’s own admission, the retirement/conversion plan for North Omaha Station was based primarily on environmental considerations, in contravention of state policy.
- OPPD has formally incorporated environmental justice into its decision-making process and placed “environmental sensitivity” on par with affordability and reliability, which are “enshrined” as the central pillars for Nebraska’s public policy regarding electricity generation.
- OPPD itself has said retiring capacity will make it more difficult to serve existing and new customers, and that rising demand means that without generation capacity additions, it will face a deficiency in its ability to serve new large load requests in the next 10 years.
- OPPD said it expects approximately 2,000 MW of new customer requests over the next decade, a much faster rate of growth than previously anticipated.
- Replacing coal-fired dispatchable baseload generation resources such as North Omaha Station with intermittent resources will increase the cost of electricity for Nebraskans.
- OPPD has announced an aspirational goal of net-zero carbon emissions by 2050; its “Pathways to Decarbonization” calls for the end of coal generation by 2045 but also recognizes that baseload generation still is needed.
- OPPD’s decisions indicate it considers environmental justice to be a policy consideration of at least equal and arguably greater importance than the core considerations set forth by the state Legislature: reliability and cost.
- The North Omaha Station complies with all national ambient air quality standards; its coal-fired units have a low-emitter status under the federal Mercury and Air Toxic Standards; and OPPD is unaware whether the facility might be making anyone sick.
OPPD Explains
In letters attached as an appendix to the lawsuit, OPPD President Javier Fernandez said the units to be retired — 1, 2 and 3 — are the oldest in the fleet and are used less than they once were.
The North Omaha Station’s generating units’ service date, nameplate capacity and average output in the past five years are:
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- Unit 1: 1954, 63 MW, 6,929 MWh;
- Unit 2: 1957, 71.8 MW, 10,423 MWh;
- Unit 3: 1959, 92.5 MW, 66,555 MWh;
- Unit 4: 1963, 117.7 MW, 612,678 MWh;
- Unit 5: 1968, 216.2 MW, 878,663 MWh.
Fernandez said the system is expected to meet federal and regional grid reliability regulations after the retirement and conversion is complete but acknowledged it would have more margin and better reliability/resiliency if maintenance and life-extension work were performed and North Omaha remained in service in its current configuration.
Fernandez said OPPD has taken steps to replace the loss of supply from North Omaha. But he also said eastern Nebraska peak growth has increased 500 MW in the past five years, and if sustained load growth continues, OPPD would expect sustained challenges in securing resources to ensure affordable, reliable and timely electric service.
He estimated OPPD could face a deficiency of anywhere from a few hundred to nearly 2,000 MW in its ability to serve new large load requests over the next 10 years without new capacity beyond assets OPPD already has or is planning. (Present-day system peak load is 2,810 MW.)
Along with the two new gas-fired stations totaling 600 MW, OPPD has the new Platteview Solar farm, which has a nameplate capacity of 81 MW but SPP accreditation for only 42 MW in the summer and 29 MW the rest of the year. OPPD will buy or build four more 225-MW gas- or oil-fired units that are targeted for 2029 grid operation, as well as a 420-MW solar+storage facility that would go online in 2027 and have summer accredited capacity of 400 MW.
In May, Sen. Jared Storm introduced and Sen. Tom Brandt co-sponsored Legislative Resolution 234, an interim study to “examine the impact of the net-zero plans and goals of public power utilities.” One of the stated purposes of LR234 is to evaluate the cost and impacts of net-zero initiatives, and the questions Brandt and Storm posed to Fernandez drill down on this.
What state and federal laws prompt this transition at the North Omaha Station? There are none beyond EPA greenhouse gas regulations, Fernandez wrote in response, and the Trump administration has expressed intent to repeal those.
Why is North Omaha being partly shut down if OPPD needs more generation? Because that is the plan the board of directors approved in 2014, primarily for environmental reasons, Fernandez said.
Will the retirement make it harder to serve OPPD’s load? Yes, Fernandez responded.
Storm asked: “In your professional opinion, should OPPD shut down [North Omaha] at this time?”
Fernandez replied: “I respectfully must reserve that for our publicly elected board that has hired me to provide direction and implementation of the board’s strategic goals and policies.”
Hilgers names OPPD, Fernandez and six of the eight OPPD board members as defendants in his lawsuit.
He’s asking the court to declare that OPPD’s prioritization of factors other than cost or reliability directly contravenes state policy; to deem action under such prioritization invalid; and to enjoin all efforts, initiatives or actions that do not prioritize the cost and reliability of the electricity OPPD delivers.
