Kiamichi hydropower project rejected again by FERC

  • February 21, 2025

The Texas developer wanting to build a hydroelectric power plant on southeast Oklahoma’s Kiamichi River, a project opposed by tribal and state leaders, was rejected a fourth time this past week by federal regulators.
Johann Tse of the Southeast Oklahoma Power Corporation located in Dallas and the man behind the proposed Pushmataha County project was informed by the Federal Energy Regulatory Commission that it had rejected his project for not complying with federal rules and requirements. (See letter below) The corporation had earlier been told in December it needed to correct deficiencies found by FERC in its earlier-filed Proposed Study Plan.
“Commission staff have preliminarily reviewed the updated Proposed Study Plan and find it insufficient to proceed with the study planning process because it lacks information required by section 5.11(b)(4) of the Commission’s regulations,” FERC officials informed Tse in its letter.”More specifically, for those requested studies that were not
adopted, the updated Proposed Study Plan did not include an explanation of why the requested studies were not adopted, with reference to the criteria set forth in section 5.9(b).”

FERC also wants SEOPC to “explain specifically why the requested study, or significant elements of the requested study, were not adopted.” It also said the responses should make clear which requested studies the corporation proposes to adopt, modify or not adopt.

The continued efforts to win federal regulatory approval drew a response from one environmental group.

“This pointless and hugely destructive reservoir proposal was rejected yet again for very good reasons,” said Tara Zuardo, a senior campaigner at the Center for Biological Diversity. “Oklahoma’s residents and wildlife don’t want or need this project. It’s time for the Southeast Oklahoma Power Corporation to take a hint and drop this unnecessary endeavor.”

 

Zuardo further charged ff completed, the project would siphon off up to 15% of the water from the Kiamichi River, which is relied on by more than 30 species of freshwater mussels and 100 fish species. These include three mussels protected under the Endangered Species Act, and one species of protected mussels that are culturally important to the Choctaw Nation of Oklahoma — Ouachita rock pocketbook mussels — which would likely be driven extinct by the project.

The Center for Biological Diversity and the Kiamichi River Legacy Alliance have filed comments and requests for action to reject the Southeast Oklahoma Power Corporation’s faulty study proposals, which must be approved by the Federal Energy Regulatory Commission before the project can move forward. The latest study proposal fails to meet basic federal requirements and violates the Endangered Species Act, Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act.
In a media notice, the Center charged the construction of 76 miles of new transmission lines that would crisscross places where dozens of imperiled species live, including Indiana and northern long-eared bats, American burying beetles, 34 species of amphibians, 20 aquatic reptiles and many migratory birds sit on the chopping block, as their homes would be bulldozed and clear-cut for construction.

 Zuardo also stated extraction from the Kiamichi River will also reduce the water quantity of the Kiamichi River basin, negatively impacting wells in the region. Residents within the basin who rely on well water could see their wells run dry if the headwaters of Long Creek are dammed to fill the project’s massive reservoirs.

Local landowners have submitted more than 1,000 letters opposing the project and the Choctaw Nation of Oklahoma and Chickasaw Nation, as well as local legislators and Oklahoma’s Attorney General, all oppose it.

The following is the FERC letter notifying Johann Tse of the deficiencies:

VIA FERC Service
Johann Tse
Southeast Oklahoma Power Corporation
6208 Sandpebble Court
Dallas, Texas 75254
Subject: Deficient Updated Proposed Study Plan for the Pushmataha County
Pumped Storage Project, P-14890-005

Dear Mr. Tse:
On February 6, 2025, the Southeast Oklahoma Power Corporation (SEOPC) filed its updated Proposed Study Plan for the proposed Pushmataha County Pumped Storage
Project No. 14890 (Pushmataha Project, or project) to correct deficiencies in its Proposed Study Plan filed on December 23, 2024.

Commission staff have preliminarily reviewed the updated Proposed Study Plan and find it insufficient to proceed with the study planning process because it lacks information required by section 5.11(b)(4) of the Commission’s regulations.

More specifically, for those requested studies that were not
adopted, the updated Proposed Study Plan did not include an explanation of why the requested studies were not adopted, with reference to the criteria set forth in section 5.9(b).

Because the updated Proposed Study Plan is deficient under the ILP regulations, please file a second updated Proposed Study Plan that includes the required explanations, within 30 days of the date of this letter (by March 22, 2025).

For each study request filed by a stakeholder, but not fully adopted, SEOPC should explain specifically why the requested study, or significant elements of the requested study, were not adopted. The responses should make clear what requested studies SEOPC proposes to adopt, partially adopt, modify, or not to adopt with reference to the study criteria listed under section
5.9(b).

Staff suggests that, in addition to responding to each study request, SEOPC include in its second updated Proposed Study Plan a summary table showing the requested studies it is proposing to adopt, adopt in part, modify, or not to adopt.
An updated process plan, to reflect necessary schedule adjustments, is attached as Appendix A.

Please cancel the Proposed Study Plan meeting scheduled for
March 7, 2025. For the reason stated above, the updated Proposed Study Plan is not adequate to support such a meeting. Instead, the second updated Proposed Study Plan must be accompanied by a proposal for conducting a Proposed Study Plan meeting, or meetings, starting no later than April 21, 2025. In accordance with section 5.11(e) of the Commission’s ILP regulations, the meeting(s) is/are to be held for the purpose of
clarifying the Proposed Study Plan and any initial information gathering or study requests, and to resolve any outstanding issues with respect to the Proposed Study Plan.

Staff suggests that a multi-day meeting may be necessary to adequately clarify the numerous complex topics involved in this Proposed Study Plan, gather information and study requests, and possibly resolve any outstanding issues.

If you have any questions, please contact Kristine Sillett at (202) 502-6575.
Sincerely,
Nicholas Jayjack
Director
Division of Hydropower Licensing

Jerry Bohnen