CITY OF KATY, Texas (Covering Katy News) — Ochoa Energy Storage asking state regulators for a declaratory order against the City of Katy that would allow its energy storage project to move forward even though City Council has rejected the plan.
The company filed the request with the Texas Public Utility Commission, which regulates electricity, water and telecommunication in Texas. The City of Katy must file its legal response in opposition by Friday, according to commission documents. Commission staff must file a recommendation on how to proceed by Nov. 17.
If the commission approves the company's request, the company could proceed with its plans to build the electricity storage facility, regardless of the council's 2024 rejection of a special use permit needed under local law.
Katy City Attorney Bridgette Beget said the city is working with Lloyd Gosselink Rochelle and Townsend, an Austin-based firm that specializes in utilities law. The agenda for the next Katy City Council meeting, set for 6:30 p.m. Monday at Katy City Hall, includes an executive session where, presumably, attorneys will brief Mayor Dusty Thiele and the council about the latest developments.
BESS project overview
Ochoa Energy Storage's proposed 500-megawatt Battery Energy Storage System project, or BESS, was designed to support the Texas electric grid and help prevent power outages, as happened during Winter Storm Uri in February 2021.
The proposed five acre site at 27501 Highway Boulevard would use lithium-ion batteries and be located near the corner of Cane Island Parkway.
According to the company's website, the facility would be on privately owned land "directly next to an electrical substation and a major electrical corridor serving the residents of the Katy area." The company said it will use landscaping to minimize visual impact of the equipment.
Council rejects application after residents express concerns
Katy citizens expressed opposition to the proposed facility both at an Oct. 14, 2024, public hearing, and at an Oct. 24, 2024, city council meeting. The council unanimously voted to deny the special use permit.
At the time, Council Member-at-Large and Mayor Pro Tem Chris Harris cited the facility's proximity to Katy High School, the Katy Community Learning Center, and residential areas as concerns. Other council members shared citizen concerns about safety issues.
Harris said Wednesday the citizens with whom he spoke felt the council resolved the issue by denying the permit. He said he's heard no change of views since then with Ochoa Energy Storage's request for a declaratory order.
"Anyone I've heard from still has negative views about the project," Harris said. "Their main objections have been about the site being so close to the schools and residential areas."