JULY 2024 UPDATE!
ATA & BESS ACTIVITY REPORT
Acton Takes Action | July 24, 2024 – Today, Ruthie Brock, Chair of the Acton Takes Action Community Task Force (ATA), sent out an activity report email to bring everyone up-to-date as to what is happening in our fight to prevent lithium-ion Battery Energy Storage Systems (BESS) facilities from being developed and built in Acton. If you didn't receive the email, read on for the full report covering the following topics and events:
- Second Hearing! – Update on the SORT-filed Legal Complaint Against LA County and Hecate
- We are Making Headway with Electeds and Candidates on Just How Dangerous Lithium-ion-based BESS Facilities Are
- VIDEO – Rep. Mike Garcia Floor Speech for Battery Electric Storage Systems
- ATA Continues to Reach Out to Electeds and Candidates About the Dangers of Lithium-ion Batteries and BESS Facilities
- Positive Things are Happening at the Federal and State Levels with the Push for Energy Projects
- We Still Need to Raise Money for Our WAR CHEST Legal Fund!
Hello Everyone!
It’s time for another BESS update. So buckle up. Here we go!
Second Hearing! – Update on the SORT-filed Legal Complaint Against LA County and Hecate
Yesterday, July 23rd, we had our second hearing for our lawsuit against the County’s improper approval of the Hecate Humidor BESS. This hearing was scheduled at the conclusion of the first May 23rd hearing by the judge in hopes that there would be progress made towards County adopting the transmission line Franchise Agreement. The judge was giving County 60 days to show progress.
The Franchise Agreement is a crucial part of the project approval and for reasons unknown the County has not yet moved forward on executing this agreement. The BESS cannot function to support the grid without the transmission line and the judge does not want this case to proceed without this piece of the approval. We are being forced to wait while the county plays games. If we don’t, the case can be thrown out citing that "we have not exhausted all of our administrative remedies."
And so we wait. It’s been 10 months since we filed our lawsuit during a small window of opportunity where we were able to a file suit. And even though cases like ours which are filed under the California Environmental Quality Act are entitled to be heard in a timely manner, the County is manipulating the process.
A second battle is over the Administrative Record, which is all of the documents used to support the case. This Record is being prepared by County but they have not provided documents even after formal record requests from our side and they have asked for two deadline extensions, citing the issue of the incomplete Franchise Agreement. They are saying they don’t want to spend County resources to locate and provide documents until the Franchise Agreement is executed. County has not even scheduled the hearing to adopt the Franchise Agreement for the transmission line which must go before the Board of Supervisors and can’t/won’t tell us when that might take place. Until it’s executed the case is not able to move forward.
So, basically we are being stonewalled by County with the Franchise Agreement as their weapon. We are not sure of the reason for this... but this is where we are.
We filed our legal complaint 10 months ago. This should have been moving forward by now. The judge feels we should be "happy" because every delay just means more time that the project is not getting built. While that’s true, he doesn’t understand that the County’s ministerial approval of the project is being pointed to as an example to follow across this nation and it’s a dangerous precedent.
In the meantime our community is in limbo.
The next hearing is Oct. 17th. We are hoping there is movement on the County/Hecate Franchise Agreement by then. We really aren’t quite sure what their motives are in dragging this out but I’m sure it will be revealed soon.
We are Making Headway with Electeds and Candidates on Just How Dangerous Lithium-ion-based BESS Facilities Are
On a more positive note, we are making headway with drawing attention to this dangerous lithium-based BESS with our elected officials and prospective candidates. We have had tremendous support from our Congressman Mike Garcia from the very beginning but he has doubled down and just yesterday he addressed Congress on the House floor and spoke about Acton’s BESS! He spoke of how dangerous the location is and how irresponsible LA County was with their ministerial approval. Below is a video showing his speech in the House of Representatives on July 23, and I’m hoping that you all feel a sense of gratitude as I do, regardless of your political leanings.
Video – Rep. Mike Garcia Floor Speech on Battery Electric Storage Systems
So, there you have the plight of little ol' Acton echoing through the halls of Congress. Who would have ever thought?
ATA Continues to Reach Out to Electeds and Candidates About the Dangers of Lithium-ion Batteries and BESS Facilities
State Assembly Candidate Ricardo Ortega (D) – I have had the pleasure recently of meeting State Assembly Candidate Ricardo Ortega (D). He spent 90-minutes with me last week and I was able to fill him in on our local BESS issue. Being a renewable energy proponent, Ricardo was very interested in our community’s BESS project and truly wanted to fully understand our reasons for our strong opposition. He will be releasing a statement regarding his position on this issue soon, now that I have had a chance to give him all of the information.
State Assemblyman Tom Lackey (R) – I have reached out to our elected State Assemblyman Tom Lackey (R) for a statement of his official position but as of today have not received a response. I’m holding out hope that he will respond soon.
Congressional Candidate George Whitesides (D) – I have also been trying to schedule a meeting with Congressional Candidate George Whitesides (D) as he too wanted to be brought up to speed on our issue before making a position statement, and I’m certain he and I will connect soon.
I hope you all see this as a non-political issue. I am trying my best to gain bi-partisan support from elected officials and potential elected officials because we – as a community – are diverse politically, but are 100% united against this BESS.
Positive Things are Happening at the Federal and State Levels with the Push for Energy Projects
Both the Federal Dept. Of Energy (DOE) and the California Public Utilities Commission (CPUC) are calling out for new energy project applicants to come forward that are NON lithium-ion or NON lithium-based projects, and they are offering grant funding to these projects.
The CPUC is looking for Long Duration Energy System (LDES) projects that can provide 8 hour energy duration — lithium-based batteries are only 4 hour energy duration. They also mention Iron-Air batteries – an extremely safe technology with great promise for utility scale applications.
Iron-Flow and Metal (nickel) Hydrogen are gaining in popularity also. It’s just a matter of time when the lithium-based batteries will be pushed aside for these far more safe technologies. And until that happens, communities like Acton and Agua Dulce will fight like hell to stop their development.
Thank you for your time and also thanks so much for your ongoing and unwavering support. Together we can move mountains, motivate our government officials... and maybe even stop a BESS.
Thank you everyone!
Ruthie Brock
Chair, Acton Takes Action
ATA Continues to Collect WAR CHEST DONATIONS to Fund Legal Fees. We Need Everyone's Help!
Thank you all for being in the trenches with ATA and SORT in the battle to keep Humidor and other BESS out of our community! However, we still need to add money to our War Chest legal fund!
If you haven’t donated, please help our community by doing your part! And, if you donated earlier and have not reissued a replacement check for the prior one that was rejected by Hanson Bridgett LLP, please... please... PLEASE make out a new check made payable to SAVE OUR RURAL TOWN and mail it in as soon as possible to the address below.
Make the new check payable to SAVE OUR RURAL TOWN (please do NOT make payable to Acton Takes Action). Save Our Rural Town (SORT) is the filer of our lawsuit and will collect the WAR CHEST donations and then make direct payment to the law firm of Hanson Bridgett LLP on our behalf.
Please MAIL donation checks with your Donation Check Form* to:
Acton Takes Action
3807 Sierra Hwy Suite 6-4397
Acton CA 93510
(Again, please do NOT make payable to Acton Takes Action)
Please CLICK HERE to download and print the WAR CHEST CHECK DONATION FORM with complete instructions.
*NOTE: If you are ONLY reissuing your donation check, you do NOT need to download, print, nor fill out a new donation form. Ruthie Brock will update your original form and then send you an email confirmation once she receive your new check.
Thank you everyone!
Ruthie Brock
Chair, Acton Takes Action