Kerr County schedules Jan. 5 workshop on battery storage compliance; court discusses fire marshal options

Kerr County Commissioners Court set a special workshop for Jan. 5 to receive a technical briefing on the Mountain Home (East West Best) battery energy storage system (BESS) project after staff and commissioners identified gaps in the developer’s submitted report.

Commissioner Paces said the developer’s FFPNA report is “fairly comprehensive” but omits documentation the court would need to determine compliance with codes such as NFPA 855 and NFPA 1. He recommended the court ask the developer to submit the missing materials and consider a stronger court order or resolution on the county’s authority. The court agreed a public briefing, followed by any needed executive‑session legal advice, is appropriate.

“Let’s get the process started,” the judge said, and the court scheduled a special meeting on Monday, Jan. 5 at 9 a.m. to review a roughly 78‑page technical attachment and to hear experts and fire‑code advice.

Separately, the court discussed options for providing fire marshal services or contracting a receiving agent who can accept and review complex applications. Speakers noted part‑time or contracted fire marshal arrangements exist in neighboring counties and that permit and fee schedules can be structured to cover review and enforcement costs. Public commenter Barbara Ferguson recommended fee models used by other counties, noting one county set an application fee of $55,000 for a BESS application.

Commissioners emphasized they want expert technical review — and, when needed, outside engineers or fire code consultants — before taking regulatory action. The court directed staff to prepare meeting materials and to consider whether to contract a receiving agent or part‑time marshal and to bring options and draft agreements back to the court.