MAY 2025 UPDATE!
ATA & BESS ACTIVITY REPORT
Acton Takes Action | May 2025 – In May, Ruthie Brock, Chair of the Acton Takes Action Community Task Force (ATA), sent out a comprehensive 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:
- Save Our Rural Town (SORT) CEQA Lawsuit Trial Date has been Set for July 17th, 2025! – Update on the Legal Complaint Against LA County and Hecate
- Second Vistra BESS Fire in Moss Landing, CA in January 2025 Causes a Pivotal Event
- Assembly Bill 303 Introduced to Create Siting Regulations to Help Keep Communities Safe
- Energy Industry has Moved Away from Primary Use of Lithium-Ion Nickel-Manganese-Cobalt (NMC) Batteries, but That is NOT Enough
- February ATA Letter to Hecate Grid Discussing Moss Landing Vistra Fire and Dangers of Using Lithium-ion batteries in BESS Facilities
- On the More Humorous Side
Hello Acton Warriors!
Here’s your May BESS Update! Time to buckle up. Here goes...
Save Our Rural Town (SORT) CEQA Lawsuit Trial Date Set for July 17, 2025! – Update on the Legal Complaint Against LA County and Hecate
We have finally been given a trial date of July 17, in the LA County Superior Court. The judge would not let our case move forward until the Franchise Agreement Ordinance for the Humidor transmission line was adopted by the LACounty Board of Supervisors. This finally happened on November 26, 2024, and in February the judge set the trial date for July 17.
Our case is a CEQA lawsuit, so it will proceed through a series of written briefs which are predetermined in length and the submission dates are set by the judge. Following is how our case will proceed:
- Our opening brief will be 20 pages and is due by May 5th, (70 days before July 17th);
- LA County and Hecate will respond 25 days later (45 days before July 17) with either 20 pages each or a combined effort brief of 30 pages;
- Since we are the Petitioner, we are allowed a second 10 page brief in rebuttal which will be due 15 days after the LA County/Hecate submittal (30 days before July 17th);
- On July 17th, we go to court (yippeeeeeeee!) and the judge will rule on our case;
- If for any reason we do not prevail, we will be appealing and an Appellate Judge with make the final ruling.
This has been a long and tedious journey and we are very appreciative that so many of our Acton and Agua Dulce residents have been "in the trenches" with us for nearly two years!
Second Vistra BESS Fire in Moss Landing, CA in January 2025 Causes a Pivotal Event
We have been learning together about the fire and toxicity risks of lithium-ion batteries. With each new battery fire incident – whether it’s a BESS fire, a battery recycling plant fire or a truck hauling Lithium-ion batteries overturned, burning and causing interstate and freeway closures – we are more and more convinced that a huge Battery Energy Storage System has no place in Acton!
This past January, a pivotal event took place which raised questions for the future of battery storage. The 300MW Vistra BESS in Moss Landing erupted in fire which lasted two days and triggered the evacuation of 1500 people in several nearby communities. Since that day, those residents have been trying in vain to determine the possible long term effects for their health and their environment. Lawsuits have been filed; Erin Brockovich has joined the fight; and the Energy Industry is working overtime trying to try and paint this fire as an "anomaly."
In response to this significant event, several CA Assembly and Senate Bills have been introduced to try and create more standards and regulations to ensure that these BESS facilities are "safe." The only problem is that no legislation can mitigate all of the risks associated with Lithium-ion batteries. So, all of the Hazard Mitigation Analyses, Emergency Response and Action Plans, and required and reported scheduled maintenance is just really putting "lipstick on a pig."
FOR NEWS ARTICLES ON MOSS LANDING FIRE, USE THE LINKS BELOW
- February 19, 2025 | New Data Indicates Elevated Heavy Metal After Vistra Fire - Hunterbrook – CLICK HERE.
- January 19, 2025 | Moss Landing Vistra BESS Fire Reignites – CLICK HERE.
- January 16, 2025 | Moss Landing Vistra BESS Fire – CLICK HERE.
Assembly Bill 303 Introduced to Create Siting Regulations to Help Keep Communities Safe
There is one Assembly Bill, AB 303, introduced by Assembly Member Dawn Addis (Monterey County) that actually will create siting regulations which will help keep communities safe. This Bill will require safe, substantial setbacks from homes, schools, businesses, hospitals, and other sensitive receptors. It also prohibits development of these BESS in 'Very High Fire Hazard Severity Zones' (such as Acton), flood zones, significant ecological areas, wetlands, habitat, and other sensitive areas. AB 303 would also remove the project approval process from the CEC "Opt-In" fast-tracked program created by AB 205 (in 2023) and return it to the local governments who know their communities best.
Developers have been using the "Opt-In" program to circumvent project opposition and denials at the local level. If Mama won’t let you have that cookie, go ask Grandma, right? Although the CEC process is thorough, includes an environmental review and robust public outreach and comment, there is no way the CEC can know a community like their own local government.
FOR MORE INFORMATION ABOUT AB 303, USE THE LINKS BELOW
- UPDATE ON AB 303 | March 27, 2025 – AB303 was scheduled to go before the Utilities & Energy committee in the State House on April 2, but according to the Bill’s author, Assembly Member Dawn Addis, AB 303 has been pulled off-calendar to allow for more discussion and collaboration to fine-tune the language. There has been a huge outpouring of letters asking for the State Assembly to support this important Bill, and Addis wants to make sure it’s as strong as possible before being sent to committee where it will surely be opposed by many of her colleagues and the Energy Industry.
- If you haven’t yet written your support letter please use this EASY LINK to the www.safeenergystorage.org website, and send any one of 3 pre-written email letters to the Utilities & Energy Committee members in our State Assembly.
- To view Assembly Member Addis' update CLICK HERE.
- UPDATE ON AB 303 | March 19, 2025 – The Bill has "gone to Committee." We now need to let Assembly members who serve on the Utilities and Energy Committee know that we need them to support this important Bill! Please use this EASY LINK to the safeenergystorage.org website, and send any one of 3 pre-written email letters to the Utilities & Energy Committee members in our State Assembly. They even have a Spanish version!
(NOTE: Just make sure to add your NAME, CITY and COUNTY at the bottom of the letter. If for any reason the "one click" feature won’t open for you, just scroll down lower on the page and you will find a copy and paste feature to help you send this important letter. Thank you!)
- New Legislative Bill AB303 on BESS Safety Issues Introduced | January 23, 2025 – Assembly Member Dawn Abbis, serving the Moss Landing area, introduces new legislation Bill AB303 – The Battery Energy Safety & Accountability Act, Preventing Future Energy Storage Fires. To view Addis' press release on this important Bill, CLICK HERE.
- Acton Takes Action | January 21, 2025 – ATA has reached out to both Assembly Member Dawn Addis and Monterey County Supervisor Church regarding the disastrous Vistra BESS fire in Moss Landing offering our assistance, knowledge, and information about Acton's own ongoing challenging lawsuit against LACo's approval of the impending Hecate Grid (now known as Fullmark Energy) Humidor 1 BESS project. To read the full letter, CLICK HERE.
Energy Industry has Moved Away from Primary Use of Lithium-Ion Nickel-Manganese-Cobalt (NMC) Batteries, but That is NOT Enough When it Comes to Communities Being Safe
The Energy Industry has moved away from the predominant use of Lithium-ion Nickel-Manganese-Cobalt (NMC) batteries in the past two years as they have shown themselves to be volatile and fire-prone, helping to fuel opposition to battery storage projects. The new Energy Industry "darling" is now Lithium-Iron-Phosphate (LiFePO4 or LFP), a Lithium-ion subtype. While considered a slightly more stable battery chemistry than the NMC, they are not without risk. These currently preferred LFP batteries are capable of overheating, reacting, and going into Thermal Runaway just like their predecessor. They have also been determined to have a higher risk for explosion due to the greater percentage of hydrogen-based gases and therefore are still extremely volatile and toxic as they burn. The only real positive is that they do not contain the same heavy metals that can contaminate the environment during an incident, as sadly noted in Moss Landing.
So, in addition to the Humidor BESS in East Acton, there are many BESS facing opposition in California, across our country, and in other parts of the world because the developers insist on using these fire-prone and risky Lithium-based batteries. There are actually safe battery technologies that could be utilized, but their performance and/or price makes them less attractive to developers who are more focused on their bottom lines than on public safety. Their priority has never been and never will be "us."
February ATA Letter to Hecate Grid Discussing Moss Landing Vistra Fire and Dangers of Using Lithium-ion batteries in BESS Facilities
On February 24, 2025, I was browsing the HECATEGRID.com website for about the 20th time since they began their assault on our town and our residents 2 years ago. Yep, it’s been two years. But time flies when you’re having fun, right?
As I read through the Frequently Asked Questions (FAQ) under the “Energy Storage” tab, I was reading it through a brand new pair of “Moss Landing goggles." And I was angry. Really angry. We should ALL be angry after Moss Landing’s BESS fire!
Because it has been awhile since I pestered Hecate with one of my emails, I decided I would gift them with another. I’m sure it’s purely annoying for them, but it’s purely therapeutic for me. CLICK HERE to read my latest "love-letter" to the developer who believes that Acton is dispensable. Because I know you all love them too, I signed it from all of us!
On the More Humorous Side...
In our examination of the huge Administrative Record (consisting of a few thousand files of documents and email communications which serves to support our legal arguments), we noted that the very last file in the Record contained an email where, while evidently watching our November 26th hearing at the Board of Supervisors meeting, the sender asked a fellow-staff member the following question:
"Do their shirts say DON’T BESS WITH ACTON???"
YOU BETCHA THEY DO!
I hope this update has brought you up to speed on our BESS battle! Since we have no local news publication, we will continue to get our information out to our residents via our actontakesaction.org website, social media, and email updates.
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