Power

Michigan AG asks regulators to reopen DTE Energy's 1-gigawatt Google deal, with $44.2 billion riding on it

Dana Nessel's November 2 petition attacks the protections behind Michigan's October approval of DTE's Google contracts; the utility's $44.2 billion capital plan and roughly $1 billion a year of new equity ride on that gigawatt.

Vincent JiangVincent Jiangtwo-minute read
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Michigan Attorney General Dana Nessel speaking in a television interview outdoors
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Michigan Attorney General Dana Nessel, interviewed for Showtime's The Circus in October 2020. Her November 2 petition asks the Michigan Public Service Commission to reopen DTE Energy's Google contracts.

Michigan Attorney General Dana Nessel has asked state regulators to reopen the contracts behind Google's 1-gigawatt data center in Van Buren Township, and her office puts the choice bluntly: adopt stronger customer protections, or reject the deal outright 123. The November 2 petition in case U-22058 challenges the Michigan Public Service Commission's October 1 approval for the 282-acre campus the township calls Project Cannoli, the deal that set the state's hyperscale template 123.

The $1.7 billion benefit is the target

The filing goes after the math beneath the guardrails. DTE−0.64% — DTE, down 0.64 percent today told the commission the campus leaves its other customers $1.7 billion better off over 20 years; the petition calls that analysis one that "has not been adequately supported," and notes it omitted transmission costs DTE owes ITC Holdings, the Novi-based grid company 1. Nessel's office also wants the cap on Google's−1.54% — Google, down 1.54 percent today collateral removed, and says the order itself concedes other customers will subsidize the campus from 2035 through 2038 2.

Protections built for a 20-year bet

The approved terms run long by design: 20 years instead of the typical five, minimum billing at 80% of contracted capacity even if Google uses less, and an exit payment covering at least 15 years of minimum charges 1. "Google will pay its own way, covering the full cost of powering its data center," DTE spokesman Ryan Lowry said 1. The commission found the 80% floor sufficient and kept the right to reopen the case if the promised benefits fail to appear 4.

$44.2 billion of spending rides on it

DTE priced the load in on November 6: a $44.2 billion utility investment plan for 2027-2031, up from $34.5 billion, with Chief Financial Officer David Ruud attributing the near-$10 billion increase primarily to data-center load 56. The plan assumes about $1 billion of new equity a year through 2031, on top of the $3 billion DTE Vantage sale closing in 2027 57. Capex has outrun operating cash flow for 12 straight quarters 8, and the shares marked a fresh 52-week low on November 12 9.

DTE's capex has outrun operating cash for 12 straight quarters

Spending has outrun cash generation for three years straight

  • Capital expenditure
  • Operating cash flow
$0.5B$1B$1.5BQ1 '24Q3 '24Q1 '25Q3 '25Q1 '26Q3 '26$1.39B
Data
Capital expenditureOperating cash flow
Q4 '23$1.12B$0.85B
Q1 '24$1.05B$1.04B
Q2 '24$1B$0.76B
Q3 '24$1.13B$0.76B
Q4 '24$1.25B$1.08B
Q1 '25$0.87B$1.02B
Q2 '25$0.97B$0.71B
Q3 '25$1.22B$0.63B
Q4 '25$1.34B$1.05B
Q1 '26$1.23B$0.91B
Q2 '26$1.49B$0.77B
Q3 '26$1.39B$0.77B
Quarterly capital expenditure and cash from operations, in US$ billions, from DTE Energy's SEC filings.8

A weaker floor shifts the cost back to customers

Roughly 2.3 million southeast Michigan customers hold one side of the cost-shift question; the shareholders funding that equity plan hold the other 45. If the commission trims the 80% floor or the exit cover, the protections weaken before the $474 million electric rate case DTE filed in April is decided 6. A denial sends Nessel to the Michigan Court of Appeals, where her challenge to the Oracle−2.86% — Oracle, down 2.86 percent today data center deal already sits 4. The contract is signed; the state is now litigating whether the math behind it is real.

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