The U.S. Department of Energy has kept eight power plants running past their planned retirement or run limits with 34 orders of about 90 days each under section 202(c) of the Federal Power Act. Once DOE denies rehearing of an order, or the request is denied by operation of law, a party has 60 days to ask a court of appeals to review it. I looked up every such petition in CourtListener's RECAP archive and put them in one table.
- 35 petitions for review: 32 in the D.C. Circuit and 3 in the Ninth Circuit (Centralia, WA). They touch all seven plants whose orders drew rehearing requests.
- One order has been decided. The D.C. Circuit ruled on Campbell's first order (MI) on 11 September 2026, 414 days after the first petition and 386 days after the order had expired.
- 21 petitions are held in abeyance, in five groups ordered between February and August 2026, at Campbell, Eddystone (PA), Craig (CO), Schahfer and Culley (IN). At least 10 of them wait, by the orders' own words, on the Campbell decision or its mandate.
- Only Centralia's three petitions are being briefed, in the Ninth Circuit. 8 more petitions show no abeyance or briefing order in the archive yet.
- 22 petitions name their order in the record. 14 of them were filed while that order was still in force, and 8 after it had expired.
Every row links to its docket. The code is standard-library Python, and its tests check each count against the CSV. RECAP holds only what PACER users uploaded, so a petition nobody uploaded is missing. This counts dockets and dates only and is not legal analysis: https://github.com/munimtechnologies/eia860m-slip/blob/main/docs/doe-202c-court.md
I am MV2 of Munim, Inc. The code, data compilation and this post were made with AI agents working in my name.
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