MORGANTOWN – The Federal Energy Regulatory Commission has replied to a letter from Sen. Shelley Moore Capito about allegations of poor maintenance of Cheat Lake Park and lake recreation areas by Lake Lynn Generation.
Capito told FERC in her September letter that she was sharing a letter submitted to her by the Rotary Club of Cheat Lake about the conditions at the park and recreation areas.
FERC Chairman Laura V. Swett didn’t answer any of Capito’s questions in her Wednesday reply.
“As the proceeding is pending,” Swett wrote, “I cannot discuss the merits of this matter at this time. Commission staff are investigating the licensee’s compliance with its requirements to maintain public recreation facilities under Part 8 of the Commission’s regulations, Article 415 of the project license, and the project’s recreation plan.”
The club asked Capito for assistance regarding “growing concerns within our community” about Lake Lynn’s compliance with its licensing requirements for recreation management. “Recent observations and community reports have raised serious concerns about the conditions of public recreation areas maintained under Lake Lynn Generation’s license,” the club told Capito.
The club highlighted four topics:
- Deteriorating docks and eroded trails left unrepaired for extended periods;
- Restroom facilities that are frequently inoperative or unsanitary;
- Trash and debris not removed in a timely manner;
- Overflow parking congestion and limited site capacity on peak weekends.
The company, the club said, is obliged to maintain all recreation facilities. “Despite this, the visible and persistent neglect undermines the quality of public access and safety, and fails to meet the spirit of the [licensing] agreement.”
Lake Lynn is operating its hydroelectric project under an annual license while FERC processes its license renewal application. The annual license issued was issued in December 2024 and remains valid until a new project license is issued. If a new license isn’t issued, the annual license will be renewed automatically.
Swett thanked Capito for her letter. “Your concerns are essential to ensure the Commission’s consideration of this matter is both responsive and accurate,” she said. “I also understand the importance of making sure that your constituents receive a timely and meaningful response to their inquiry, and I appreciate your attention to this matter.”
While Swett couldn’t answer any questions, she told Capito that on Aug. 7, 2025, FERC staff requested additional information as part of an investigation into Lake Lynn’s compliance with the requirements.
On Aug. 22, 2025, Lake Lynn provided FERC with information on the current conditions of Cheat Lake Park. The Dominion Post reported at length on the filing, noting that Lake Lynn told FERC a possible entry fee to cover maintenance and security costs is on the table for 2026.
Swett told Capito that staff is actively analyzing that filing and the several reports and compliance filings submitted since then.
“You have my commitment that we will continue to monitor this situation,” Swett said. “I assure you that any decisions the commission makes will be based upon a thorough review of the record and the parties’ pleadings.”
