Skagit commissioners hear closed‑record appeal of NextEra battery storage permit; decision set for June 17

The Skagit County Board of Commissioners held a closed‑record appeal hearing June 2 on a challenge by Stewards of Skagit to the hearing examiner's December decision approving special use permit PL230408 for a NextEra Energy Resources battery energy storage (BESS) facility on Bayview Ridge.

The appeal, filed by the Stewards of Skagit, argued the examiner's decision rested on an incomplete or inaccurate record and on misrepresentations in the applicant's materials, and raised concerns about public notice, fire risk, emergency response and inconsistencies in parcel and design documentation. Planning staff and the applicant defended the review process and the prior SEPA mitigated determination of non‑significance (MDNS). The board said it will issue a public decision on Tuesday, June 17 at 11 a.m.

The appeal focused on two kinds of claims. First, procedural: the appellant said the record provided to the hearing examiner was incomplete, that four technical documents were submitted in abbreviated form, and that one of those documents never appeared in the public record before the examiner rendered a decision. "When the process fails, it undermines the integrity of the decision," Stewards of Skagit president Connie Scribe told the commissioners, saying the hearing examiner was asked to decide on more than 1,700 pages of record with limited time to review. Scribe also alleged that legal notices and posting dates were incorrect and that parcel numbers in the application did not match project maps.

Second, substantive…