JEFFERSON COUNTY, Tenn. — On July 27, the Jefferson County Commission decided to approve a resolution that prevents battery energy storage systems from being developed until at least January 2024. According to a letter from the company behind one such system, their decision could be void.
Plus Power previously proposed building a large battery energy storage system in the area. The BESS project, proposed by energy developers Plus Power, would be a 250 MW, or 1,000 MWh, battery storage system that would give TVA extra power to use during periods of high demand. It could help households in Knoxville and beyond avoid experiencing rolling blackouts. It would be built in New Market.
Critics of the project said they were worried about whether it would be safe. Some said they were worried it could catch fire, resulting in a severe incident that the county's and city's fire department infrastructure may not be able to properly respond to.
The company said that on Dec. 7, 2022, they received a determination from the Jefferson County Board of Zoning Appeals that said BESS facilities were allowed in their chosen area. It said following that determination, county leaders proposed an amendment to the zoning resolution that added more conditions to the area where the facility would be built.
The resolution was approved by several planning commissions, but not given final approval from the county commission, and on July 11 the company submitted a BESS site plan application and asked to be put on the Jefferson County Planning Commission's August agenda. They said the plans adhered to the zone's requirements.
On July 17, they said the Jefferson County Commission held a public hearing to consider whether to approve the changes to the zoning requirements. There, they decided to make some changes to the proposal itself. They added requirements for fire hydrants to be installed and said BESS facilities had to be built at least five miles away from schools. They also added a severability clause.
They also scheduled a public hearing to consider a moratorium on BESS facility permits. That moratorium was approved on July 27.
The company argues that since its plans were submitted before either resolution went into effect, leaders should not consider those resolutions. Instead, they should consider the law as it was at the time the plans were submitted.
At the time it was submitted, the company said it had already received a determination from zoning officials that a BESS facility could be built.
According to Plus Power, the Jefferson County Commission's decision to bar BESS facility permits could be "void ab initio," meaning it could not affect their proposal because they submitted plans on July 11, before the resolution went into effect.
It said according to Tennessee Public Chapter 453, the site plan submitted on July 11 needs to be judged based on the law at the time it is submitted. So, they argued leaders could not consider the resolution barring permits from being issued when deciding whether to approve the BESS plan.
The company's legal team also said at Tuesday's meeting that a state law went into effect on July 1 that barred county commissions from issuing some kinds of moratoriums, including the one against BESS facilities in Jefferson County.
On Tuesday, some community members said they would continue trying to stop the development of the BESS site. Three fires were reported at similar sites in New York, and the state's governor there created an investigative team to look into the safety of those facilities.