Wyoming regulators to probe Rocky Mountain Power over slow service

The Wyoming Public Service Commission voted unanimously on Oct. 29 to investigate how Rocky Mountain Power handles requests for large amounts of new electrical power. The three-member body directed the utility to provide relevant information and take other actions if the public interest requires it. The commission is currently finalizing the specific terms of the investigation order. It is not yet clear what penalties or mandates might follow if the inquiry reveals that the utility failed to meet its legal obligations.

Commission Deputy Chairman Chris Petrie stated that the move is not a condemnation of the company. He noted that persistent public complaints regarding the utility's handling of these matters necessitated a formal review. "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." The commission aims to obtain assurance that the state's monopoly utility is operating as required by law.

Rocky Mountain Power President Dick Garlish told the commission that 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," Garlish said. He explained that the company's slow response to large load requests stems from complex state and federal regulations. These rules are designed to prevent speculative investments from becoming a financial burden for existing customers if new projects fail to materialize.

Garlish emphasized that the utility takes its role as a regulated monopoly seriously. "We’re not going to do any deal for [just] any reason," he said. The company has spent $80 million on initiatives to meet rising demand. According to the utility, it has studied 83 requests for additional power over the past decade. It has served 24 of those requests, totaling 258 megawatts. The company also evaluated approximately 4,300 megawatts worth of large load requests, defined as any demand exceeding 20 megawatts.

Industry representatives have cited delays as a major obstacle to expansion. Jody Levin, spokeswoman for the trona and soda ash industry, told lawmakers in May that expansion plans were delayed because the utility indicated it might be seven years before a significant power boost could be provided. "Seven years is a de facto no," Levin said. Travis Deti, executive director of the Wyoming Mining Association, said testimony before multiple legislative committees has shown that industries in southwest Wyoming face difficulties in acquiring timely and reliable power access.

An attorney for the Wyoming Industrial Energy Consumers group, Austin Jensen, explained why formal complaints are rare. "They have to work with the incumbent utility," Jensen told the commission. He noted that it is not good for business for customers to initiate a formal complaint process against their only available power option. The group includes oil and natural gas refineries, trona producers, and other industrial customers of Rocky Mountain Power.

Wyoming lawmakers have considered adjusting regulations to allow third-party power producers as an alternative to established utilities. Rocky Mountain Power has opposed this idea. The commission's investigation will focus on the utility's responses to large electricity requests dating back to January 2022.