By David Beard
For The Dominion Post
MORGANTOWN – The Federal Energy Regulatory Commission has given its conditional OK to Lake Lynn Generation regarding the extended closure of Milestone Point Beach at Cheat Lake Park by the Monongalia County Health Department.
FERC also once again reviewed allegations leveled by the citizen group Save Cheat Lake and again told Lake Lynn that it is complying with its FERC license.
FERC addressed the topics in two letters sent to Lake Lynn on Sept. 24.
The first addresses the beach closure. The health department inspected the site on June 16 and on June 17 ordered the beach closed “due to the lack of potable water service required for operation of the beach,” the company told FERC on June 23.
Lake Lynn told FERC, “The swimming beach is expected to remain closed for the remainder of the 2026 recreation season and until potable water service is restored and the Monongalia County Health Department authorizes reopening.”
The company – which operates the hydroelectric project that includes the park – also told FERC that it is coordinating with Morgantown Utility Board on construction of a new water main, which is expected to begin in 2027.
FERC told Lake Lynn that limiting public access to project facilities for the protection of life, health and property is permissible under its project license. But in order to remain in compliance, “you must continue to maintain the site, communicate clearly with the public, and restore access as soon as safe and compliant conditions can be achieved.”
Because Lake Lynn has provided a schedule and taken steps towards restoring potable water, FERC has no concerns with the temporary closure at this time, it said.
But Lake Lynn must file an update with FERC by Jan. 31, 2027, verifying that construction of a new water main has begun or updating its anticipated start date. The company must also include an estimate of when water main construction is expected to be completed and when it anticipates reopening the beach.
The allegations
FERC touched briefly on the allegations by Save Cheat Lake in the beach letter and covered them more thoroughly in its second letter.
Also on June 23, Save Cheat Lake wrote to FERC repeating its allegation that Lake Lynn and its parent company Eagle Creek Renewable Energy are in violation of the project’s recreation plan – an allegation FERC has not supported, saying no plan violations have occurred.
Save Cheat Lake told FERC, “We demand, as we did last year, for FERC to impose the maximum daily penalty of $28,618 until the beach is reopened.” The group has also been critical of FERC and says in its complaint, “These fines would have prevented this had FERC not failed to fulfill its duties last year.”
FERC reviewed each of the allegations and told Lake Lynn, “We determine that you are in compliance with your license and approved recreation plan.”
It said, “Commission staff finds that while there may have been some brief lapses in maintenance of some project facilities, they did not rise to the level of noncompliance with the Federal Power Act, the project license, or the approved recreation plan.”
While photos from Save Cheat Lake documented litter and overflowing trashcans, FERC said, the record shows that Lake Lynn took appropriate actions to correct the lapse in maintenance upon becoming aware of it.
“Therefore, any environmental impacts stemming from the temporary lapse would have been short-term and minor.”
The kayak launch dock cited in the Save Cheat Lake complaint is not a commission-required recreation facility, FERC said, and exists under a third-party activity permit. Lake Lynn appropriately initiated recovery and coordinated with the permit holder once displacement was observed.
The remaining day-use docks were removed after seasonal operational constraints, FERC said, and Lake Lynn repaired the damaged dock.
Regarding the lack of portable restrooms Save Cheat Lake brought to FERC’s attention in February, Lake Lynn had a portable restroom available in the upper parking lot, even though the recreation plan only requires restroom availability from April 1 to October 31, FERC said.
(A June visit to park showed two portable restrooms at the park near the children’s playground and winter boat launch, with a hand-washing station; one by the beach, also with a hand-washing station; and one at the parking lot about 100 yards uphill from the park, with no hand-washing station.)
FERC concluded, “Review of the recreation plan confirms that required recreation facilities continue to be provided and maintained accordingly and that no long-term environmental harm occurred. Our finding of compliance concludes our investigation of the allegations received on February 23, 2026.”
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