Wyoming regulators to probe Rocky Mountain Power on new electricity requests

The Wyoming Public Service Commission has ordered an investigation into Rocky Mountain Power’s handling of requests for large amounts of new electricity. The three-member commission voted unanimously on Oct. 29 to direct the utility to provide relevant information. The panel also authorized the commission to take other actions if the public interest requires them.

Commissioners are examining how the company responds to large load requests from existing and prospective customers. The investigation covers responses dating back to January 2022. An official noted that the commission is still finalizing the specific order for the investigation. It is not yet clear what actions the body might take if it finds the utility fell short of its legal obligations.

Rocky Mountain Power President Dick Garlish told the commission that state and federal regulations drive the company’s cautious approach. These rules are designed to protect existing customers from paying for speculative investments that may not materialize. Garlish stated that the company takes its responsibilities as a regulated monopoly seriously. He emphasized that the utility cares about both existing and future customers.

“We’re not going to do any deal for [just] any reason,” Garlish said during his testimony. He added that the decision to launch the investigation feels punitive because no customer has filed a formal complaint. “I don’t see the reasonable, probable cause, or even a reasonable suspicion,” he told the commission. He described the process as unnecessarily burdensome given the company’s candor with customers and legislators.

Commission Deputy Chairman Chris Petrie said the move is not a condemnation of the utility. He explained that persistent public complaints about the company’s handling of power matters necessitated the investigation process. “We have our obligation,” Petrie said, “to see that safe, adequate and reliable service at just and reasonable rates is available throughout the service territory of Rocky Mountain Power.”

Demand for electricity in Wyoming has risen sharply, driven largely by artificial intelligence computing needs. Data center proposals from two developers would require more than double the state’s existing electrical generation capacity of 11,800 megawatts. Rocky Mountain Power has studied 83 requests for additional power over the past decade. The company has served 24 of those requests, totaling 258 megawatts, and evaluated approximately 4,300 megawatts worth of large load requests.

Industry representatives have voiced concerns about the timeline for new power connections. Jody Levin, a spokeswoman for the trona and soda ash industry, told lawmakers in May that expansion plans were delayed. She cited a utility conclusion that the soonest a significant power boost could be provided was seven years out. “Seven years is a de facto no,” Levin said. “That isn’t a reasonable timeframe.”

Travis Deti, executive director of the Wyoming Mining Association, told WyoFile that testimony before legislative committees has shown issues in acquiring timely power in southwest Wyoming. The association will monitor the investigation closely. Garlish noted that many large electricity requests come from entrepreneurial hopefuls whose projects fail for reasons unrelated to power, such as lack of financing or permitting delays. “Nobody wants to land a large-load deal in our service territory more than I do,” he said. “But it has to protect existing customers.”

The company is spending $80 million on initiatives to meet rising demand. Austin Jensen, an attorney for the Wyoming Industrial Energy Consumers group, explained that formal complaints are rare because customers rely on the incumbent utility. “It is not good for business to call your only option before the commission,” Jensen said. Lawmakers have also discussed allowing third-party power producers as an alternative, an idea Rocky Mountain Power has opposed.