THURSDAY, October 8, 2026|
Photo – Seminoe Reservoir – Bigfoot99 file photo
County officials agreed to send another letter to the Federal Energy Regulatory Commission criticizing the agency’s handling of the Seminoe Pumped Storage Project.
After four years of National Environmental Policy Act review, the Federal Energy Regulatory Commission, or FERC, issued its final Environmental Impact Statement for the Seminoe Pumped Storage Project on June 12th. FERC determined that the Seminoe project could move forward, but that the developer, rPlus Hydro doing business as Black Canyon Hydro, must limit or offset the environmental, cultural, and recreational impacts identified in the Environmental Impact Statement, including its effects on bighorn sheep habitat, water‑quality, and recreation.
FERC was scheduled to either approve or deny the Seminoe Pumped Storage Project’s hydroelectric license on September 17th. Those following the project expected the federal agency to green‑light construction despite the numerous public comments, from opponents of the project, submitted during the National Environmental Policy Act review.
The Board of Carbon County Commissioners, which is serving as a cooperating entity for the project, submitted a 12-page letter to FERC raising concerns about the federal agency’s handling of the NEPA review. The Board of Commissioners wrote, “Additional studies are necessary to adequately address and mitigate the environmental concerns and impacts the project will create.”
Specifically, the Board of Carbon County Commissioners claimed that FERC and the developer assumed that the Bureau of Land Management will amend the Rawlins Resource Management Plan to allow for the disturbance of bighorn sheep and to change the visual character of the area, both of which are prohibited in the existing RMP.
In addition, the Board of Commissioners questioned the need for additional power generation at Seminoe Reservoir, adding that electricity from the facility would be sent out of state.
The Board’s letter also criticized the environmental protections proposed for the project, stating that additional studies are needed to determine how the facility will affect wildlife and the downstream ecosystem. The Board further demanded that rPlus Hydro obtain a Road Use Agreement with Carbon County for the county roads the developer will use during construction, mainly County Road 351, also called Seminoe Road.
Only six days before FERC was set to issue its final ruling on the Seminoe Pumped Storage Project, the agency filed a notice of intent to prepare a supplemental Environmental Impact Statement, or EIS, in coordination with the Bureau of Land Management. After the announcement, FERC opened a new public comment period, which ends next Tuesday, October 13th.
Last month, the Board of Carbon County Commissioners announced its plan to submit another letter to the Federal Energy Regulatory Commission regarding the Seminoe Pumped Storage Project. The matter was discussed again during Tuesday’s Board meeting, where Deputy County Attorney Ashley Davis explained that she had a less than productive meeting with representatives from the Bureau of Land Management and will speak with Wyoming Attorney General Keith Kautz’s staff sometime this week.
Deputy Attorney Davis said she wasn’t certain if her meeting with the Attorney General will produce any new information but advised the Board to wait until after the discussion to submit the county’s comment letter to FERC.
Later in the meeting, Attorney Davis said the notice of intent to prepare a supplemental Environmental Impact Statement was unclear about whether the Bureau of Land Management or the Federal Energy Regulatory Commission would be responsible for deciding if the Rawlins Resource Management Plan should be amended, although she said it appears FERC intends to take the lead. Attorney Davis said the Board of Commissioners’ letter, which she is drafting, will note that FERC is not the appropriate agency to make wildlife and environmental decisions.
Attorney Davis said the letter will also address this summer’s low water levels in Seminoe Reservoir and how rPlus Hydro should develop additional water‑quality models to ensure the project will not harm the reservoir or the Miracle Mile trout fishery. She asked the Board if they would like to include any other comments in the letter.
Commissioner John Espy said the Federal Land Policy and Management Act of 1976 grants the Bureau of Land Management the authority to create and amend resource management plans, including the Rawlins RMP. He asked Attorney Davis to include a request to ensure that FERC follows that federal mandate.
Commissioner Espy added that the Federal Land Policy and Management Act gives the governor the legal authority to review if a proposed federal action aligns with the state’s policies and to object if it does not. He said that role is undermined when state and local governments are excluded from the planning and review process.
Commissioner Sue Jones requested a provision demanding that rPlus Hydro repay the cost of the additional state and federal studies proposed in the supplemental Environmental Impact Statement. She said other energy development proponents would be required to meet the same obligation.
Commissioner Jones added that FERC’s role as the lead agency has made the process different from the federal government’s usual environmental reviews. Commissioner John Espy attributed the lack of local control to the absence of appointed officials, noting that most are serving in acting roles. He said the temporary leadership makes it harder for local agencies to assert regional authority over the federal government.
Deputy Attorney Ashley Davis said she will also ensure that the letter contains a provision stating that any work done in Carbon County must be permitted by state and county officials.
Following the discussion, the Board of Carbon County Commissioners unanimously voted to send the comment letter to FERC after Deputy Attorney Davis’s meeting with the Wyoming Attorney General’s office.
Earlier in Tuesday’s meeting, Attorney Davis noted that no other state agencies had submitted comments on the Seminoe Pumped Storage Project during this new public comment period. She attributed the lack of participation to agencies delaying their filings until closer to the October 13th deadline. As of Wednesday afternoon, 16 comments had been filed with FERC since the announcement to prepare a supplemental Environmental Impact Statement, all opposing the project and all from private citizens.
Because the new EIS is still being prepared, FERC is now scheduled to issue its final permitting decision for the Seminoe Pumped Storage Project on October 21st, 2027, with all filings and administrative work expected to finish by November 22nd of that year.
