Michigan AG Dana Nessel argues the hearing “would amount to little more than performative listening rather than thorough public scrutiny,” unless the MPSC grants her request for a contested proceeding.
MPSC Schedules Public Hearing
On November 18th, 2025, the Michigan Public Service Commission (MPSC) announced it scheduled a public hearing on DTE’s ex parte request for approval of its special contracts for the proposed data center in Saline Township, giving the public an opportunity to speak to the commissioners.
In today’s press release MPSC Chair Dan Scripps said, “This public hearing will add an important element of transparency in evaluating DTE Electric Co.’s proposed special contract. It’s important that the public have an opportunity to have their voices heard on how DTE plans to provide electric service to this data center customer and ensure the costs of doing so are not ultimately borne by DTE’s other customers.”
MPSC’s announcement comes days after Attorney General Dana Nessel urged the public to weigh in by providing comments on MPSC’s website in support of public hearings. In the November 14th press release Nessel highlighted the importance of public oversight for the process, suggesting the MPSC’s decision could have long-term and wide-ranging impacts across Michigan.
“The Commission needs to hear from the people of Michigan that we don’t want corners cut and shortcuts taken when it comes to such a monumental moment as our state enters the data center era and economy. How we handle these first massive data centers could impact everything from the electric bill in your mailbox, to our clean energy generation future, and widespread water and land use throughout both peninsulas. Before long, corporate data centers may be the largest energy consumers in our state, and we must thoroughly, and publicly, review these first contracts with an eye on protecting Michigan ratepayers and our shared resources.”
As of Tuesday afternoon, more than 3000 public comments are available on MPSC’s website.
AG Pushes for Full Process
In response to today’s announcement from MPSC, the Attorney General’s office issued a press release calling the scheduled event a “public comment forum” and suggesting it does not allow for an appropriate amount of due diligence.
“Without formal hearings and a contested case declaration, this alone would amount to little more than performative listening rather than thorough public scrutiny.” She referred to one of MPSC’s own orders issued just months ago, saying, “The MPSC itself has previously determined that it cannot rely upon public comments as evidence upon which it can make its formal decisions, underling[sic] the need for a contested case hearing to establish an evidentiary record for use by the Commission.”
She continued, “I am concerned that the MPSC has yet to respond to my request to intervene and hold true hearings, and I am fearful that today’s announcement signals they have no intention to hold the formal hearings our residents and ratepayers deserve. To protect Michiganders in this crucial moment we must demand a full, formal contested case, where parties can issue demands for discovery, submit informed expert testimony, and create a record of evidence upon which the MPSC, and everyone across the State, can fairly evaluate these contracts.”
MPSC Responds
STN contacted the MPSC with questions about DTE’s ex parte request, the AG’s opposing request for a contested proceeding, and a timeline for MPSC’s ruling.
Asked how the commission planned to use the public input it receives during the December 3rd hearing, a representative for MPSC said, “Public comments help inform the Commission, but comments themselves are not considered part of the evidentiary record in a case.”
When asked if the commission intended to issue a ruling at its December 5th meeting, the representative declined to answer, saying the MPSC does not discuss decisions under active consideration.
Ex Parte Versus Contested Proceeding
Earlier in November, Nessel filed a Notice of Intervention and Request for Contested Proceeding with MPSC, asking them to deny DTE’s October 31st request for an ex parte approval and instead, schedule a contested proceeding.
An ex parte approval is an approval given without public notice or hearing, specifically allowed in cases where a decision will have no negative impact on rates for other customers. DTE argues in its application that this is the case for the data center contracts so input and/or oversight from the public or other parties is unnecessary.
DTE confirmed this in a statement to STN saying, “These customer contracts will not create a cost increase for our existing customers, so a contested case is not required by the Michigan Public Service Commission. The data center needs to start construction by the beginning of the year, so an accelerated pace is necessary. Given the sizable affordability benefits for our customers, as well as the economic impact the project will have, we think moving forward in this fashion makes the most sense.”
The Attorney General, however, asserts that DTE’s application does not qualify for an ex parte approval and that the potential impact of adding the data center to DTE’s load is worthy of a contested proceeding, with public hearings, discovery, and expert testimony.
Such a proceeding, “will allow parties, such as the Attorney General, the opportunity to verify protections and cost reductions to customers proposed by the utility corporation and provide the Commission with a full evidentiary record to decide whether the special contract is prudent and reasonable.”
STN asked if the MPSC checks the veracity of the information and calculations provided by DTE in its applications and their spokesperson responded, “The MPSC has a staff of about 200 people that includes technical experts with background in finance, law, engineering and other disciplines. Every application submitted to the MPSC is reviewed by MPSC Staff, who audit the information and routinely ask for more information or clarifying information as needed.”
Previous Decisions
According to public filings, the MPSC turned down a similar request from Consumers Energy Corporation earlier this year when it requested an ex parte approval of proposed amendments covering a data center provision.
In its March 13, 2025 decision to deny ex parte and order a contested proceeding in that case, the MPSC wrote, “…[t]he electric load of new data centers presents unique and significant cost implications, and the development of an evidentiary record to consider the February 7 application is prudent and reasonable.”
What’s Next
The public hearing will be held virtually and is scheduled for Wednesday, December 3, from 6:30pm until 8:30pm, using the Microsoft Teams platform. Anyone is welcome to join the meeting and connection information is provided in MPSC’s press release.
Asked if there was a limit on the number of people who would be able to join the hearing, the MPSC responded, “The MPSC will do its best to allow as many people to speak as possible. We cannot guarantee all attendees will be able to speak. Those unable to attend or speak may also submit comments by email or through our E-Dockets system in this matter (Case No. U-21990) or by mail to the MPSC. Comments may be emailed to [email protected] or mailed to Executive Secretary, Michigan Public Service Commission, 7109 W. Saginaw Hwy., Lansing, MI 48917. All comments should reference Case No. U-21990.”
The spokesperson added, “We’ve been using Teams for public meetings for more than 5 years and have never had to turn people away from tuning in for hearings on matters of significant public interest.”
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