The Wyoming Public Service Commission has launched an investigation into Rocky Mountain Power and whether the utility has been fair to its industrial customers, a probe the utility’s president called “unnecessarily burdensome and punitive.”
Meanwhile, state regulators defend the probe as the only way to get at the facts.
At Thursday's Public Service Commission (PSC) meeting, commissioners went back and forth with Rocky Mountain Power’s leadership over whether an investigation is warranted.
Company President Dick Garlish emphasized that no formal complaint has been filed and questioned the grounds for an investigation. PSC Deputy Chairman Chris Petrie saw the same fact as the reason to move ahead.
Even without a formal complaint, grumbling about the utility has been loud across the state, and a general investigation is the only way to find out whether there is anything to be upset about, Petrie said.
While neighboring regions and rival utilities cash in on the nation’s massive data center and industrial boom, Rocky Mountain Power’s vast Wyoming service territory has struggled to land similar mega-load projects.
The state's new probe isn't aimed at managing an influx of massive tech hubs, but at uncovering why so few large-scale developments are actually getting built and whether the utility's process is stifling major economic development.
The commission voted unanimously to investigate whether Rocky Mountain Power followed its tariffs and treated industrial customers fairly on requests dating back to January 2022.
‘Keep On Top Of It’
Wyoming Public Service Commission Chief Counsel John Burbridge told Cowboy State Daily earlier in October, when a potential investigation was first announced, that the probe is about fact-finding, and the commission has no evidence or inkling that anything is wrong.
“We're just trying to keep on top of it and get comfortable with what's going on out there, as far as large load requests and compliance with tariffs,” Burbridge said.
In utility regulation, tariffs are the legally binding rules, rate structures, and service terms approved by the state that govern how a utility must treat its customers.
By probing tariff compliance, regulators are looking into whether Rocky Mountain Power followed its own mandatory, state-approved plays when pricing infrastructure and setting timelines for new mega-load developments.
Burbridge said that using the term "investigation" is somewhat unfortunate in this context, as it sounds punitive or criminal when it is simply the commission’s only legal mechanism under state statute to conduct formal fact-finding.
Still, he emphasized that opening a docket is vital to show that regulators are actively overseeing the utility.
“We don't have any evidence or inkling that there's anything wrong going on at all,” Burbridge said. “Part of the reason for that is everybody's complaining about it, but they don't ever file a complaint with us.”
Cowboy State Daily reached out to Burbridge for comment after the vote, but did not receive a response before publication.
‘Growth Needs to Pay For Growth’
That absence of formal filings was a focal point of the Oct. 29 meeting, where Garlish repeatedly pointed to the empty docket as proof the company is playing by the rules.
“We've been nothing but candid and forthright in this venue and in the legislative venue and with our customers,” Garlish said. “It feels unnecessarily burdensome, and punitive.”
He said that he was “really struggling” with the factual basis of opening an investigation on the grounds of “amorphous complaints.”
Still, Garlish said that if the commission does decide to initiate an investigation, Rocky Mountain Power will be fully cooperative.
“We will participate and collaborate and do all the things, because that's who we are,” Garlish said.
While company leadership took issue with the investigation itself, they welcomed the chance to share their side of the story on large-scale power growth.
“Nobody wants to land a large-load deal in our service territory more than I do,” Garlish said. “But it has to protect existing customers. I won't sign a deal that puts existing customers at risk. Growth needs to pay for growth.”
‘Successes and Challenges’
Garlish said that while power is a vital piece of the puzzle for massive industrial projects, electric capacity alone cannot overcome other real-world hurdles such as permitting delays, workforce shortages or a developer’s lack of financing.
“We've had great successes and we've had challenges, too,” Garlish said. “There's happy customers and unhappy customers. We're always trying to get to happier customers, but again, the fact that there has been no formal complaint, I think, says something about that.”
Craig Geller, the utility’s vice president of business development, said that grid capacity is rarely the bottleneck holding projects back.
“Successful new large loads have one universal defining feature: An end user, a company capable of financing a project and putting it into service,” Geller said.
Over the last decade, Rocky Mountain Power brought 24 traditional industrial projects online, adding 258 megawatts of demand for core Wyoming sectors such as soda ash and cement, Geller said.
Since February 2025, interest has exploded into uncharted territory, with the utility receiving 35 "very large load" inquiries totaling 9,000 megawatts. Garlish said most of those inquiries are entrepreneurial and speculative, with the potential developer looking into sites in multiple states.
The ones that Rocky Mountain Power pays the most attention to, Garlish said, are those that are pinpointing Wyoming specifically.
“As of today, we're evaluating 2,300 megawatts of potential large-load demand,” Garlish said. “We are actively engaged in discussions with end users, large-end users, hyperscalers, associated developers and contractors.”
Still, Garlish said Rocky Mountain Power cannot force tech giants or developers to choose remote Wyoming communities over shovel-ready sites with existing fiber networks, abundant water and proximity to major markets.
In an email to Cowboy State Daily after the vote, Rocky Mountain Power spokesperson Jona Whitesides said the utility welcomes the discussion with the commission and looks forward to sharing its work supporting state growth while keeping rates affordable.
‘Resort to This Investigation’
Petrie said he appreciated the company’s argument that external economic factors, not utility grid capacity, are what keep large-scale projects from materializing. Still, he said that the commission cannot simply take the company’s word for it.
“This situation, because of the persistent complaints in public about the company's handling of such matters, requires us to resort to this investigation process in order to obtain assurance,” Petrie said.
Chairman Mike Robinson joined Petrie in voting yes to open the investigation, but said he hopes the probe remains focused and does not turn into a burdensome, protracted administrative process that stalls ongoing business deals.
“It's not necessarily an accusatory situation,” Robinson said. “What we've got here, in my view, is a situation where there is cause for the commission to seek assurance that everything is operating as it is required to.”
Austin Jensen, representing the Wyoming Industrial Energy Consumers, spoke in support of opening the investigation, pushing back against the utility’s emphasis on an empty complaint docket.
Jensen said that because Rocky Mountain Power holds a monopoly, large customers are often afraid to challenge their sole energy provider on the record.
“The lack of a formal complaint doesn't mean everything is fine,” Jensen said. “It just reflects the reality that industrial customers are hesitant to jeopardize their ongoing business relationships.”
Petrie said he couldn’t predict how long the investigation will take, and that the commission could make significant progress by the end of February but it may well run longer.
Emma Jane Jackson can be reached at emma@cowboystatedaily.com.
