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Indiana Congressman Proposes Limits on Federal Coal Plant Extension Orders

 

 

October 12, 2026 - U.S. Rep. Frank Mrvan, D-Ind., has introduced legislation that would restrict the Department of Energy’s authority to keep power plants operating beyond their scheduled retirement dates.

The proposal comes amid continued federal orders affecting NIPSCO’s R.M. Schahfer Generating Station in northwest Indiana and CenterPoint Energy’s F.B. Culley Generating Station along the Ohio River.

DOE has used emergency authority to postpone the units’ retirements as part of the Trump administration’s efforts to retain coal-fired generation. The department has cited potential electricity shortages and increasing demand as reasons for the intervention.

Mrvan’s Utility Affordability and Transparency Act would prevent DOE from using emergency orders to delay plant retirements or require generation from facilities that have already closed.

The bill would also require the department to disclose estimated costs and evaluate alternatives before directing continued operation. Utilities would have to identify expenses associated with federal emergency orders through a separate line item on customer bills.

Mrvan said households in northwest Indiana are facing financial pressure from heating and cooling expenses and need clearer information about the factors affecting their utility bills.

The cost of retaining the Indiana coal units has become a central issue in the debate. An analysis commissioned by Earthjustice estimated that the first three months of extensions cost the utilities approximately $56 million. That estimate covers the initial period rather than the full cost of the continuing orders.

A statewide residential bill survey found that NIPSCO customers had the highest average electricity bills in Indiana in 2025.

The legislation would preserve federal emergency intervention in circumstances such as hurricanes and wartime disruptions while limiting its use to prevent scheduled plant closures.

DOE’s interpretation of its emergency powers is also facing court challenges. In September, the U.S. Court of Appeals for the District of Columbia Circuit rejected the department’s use of that authority to extend the operation of a Michigan coal plant.

That ruling could influence pending litigation involving the Indiana facilities, although those cases remain unresolved.

Mrvan’s proposal remains legislation under consideration and does not change the existing federal orders.