Attorney General Dana Nessel filed a claim of appeal in the Michigan Court of Appeals challenging the Michigan Public Service Commission's December 2025 “conditional approval” of two special contracts between DTE Energy and Green Chile Ventures for a hyperscale AI data center in Washtenaw County. The 1.4-gigawatt facility — enough power for more than 1 million homes — was approved through what Nessel calls an unlawful ex parte process. The MPSC denied every request from the AG's office to hold a contested case hearing, which would have allowed review of the heavily redacted contracts, verification of DTE's claims that existing ratepayers would not see cost increases, and examination of collateral and exit fee protections in case the data center fails to purchase projected electricity or leaves the state.
Nessel stated this appeal “is not just about this case, but every future data center case that comes before the Commission.” The MPSC also denied the AG's request to review six additional redacted contracts for three battery storage facilities meant to support the data center project.