Emery County planning commission denies Level 2 CUP for Horned Shadow battery, urges Level 3 review

Emery County planners unanimously denied a Level 2 conditional use permit application from DESRI (Desirine Renewables) for a proposed Horned Shadow battery energy storage system and recommended county commissioners consider the project as a Level 3 review.

Representatives from DESRI — identified in the record as Emma and Joel — told the Planning Commission they seek a new CUP for a 300-megawatt, four-hour lithium-ion battery energy storage system (roughly 1,200 megawatt-hours of discharge capacity) adjacent to the operating Horned Shadow solar project. "We're here to talk a little bit about the Horned Shadow storage project, adjoining the Horned Shadow solar project," Emma said during the presentation. DESRI said the new request replaces an earlier allowance for 75 megawatts, and the larger system requires a different site footprint and new land agreements with additional acreage.

DESRI described the project footprint as roughly 15 acres of fenced, active battery area with 21 acres permitted when buried collector lines and access roads are included. The company estimated initial capital costs at about $250,000,000, said construction could begin as early as mid next year, and targeted commercial operations in 2027. On operations, DESRI said the site would be monitored remotely with about one to three full-time site technicians and that containers are largely assembled off-site and placed on foundations.

Commissioners pressed DESRI on safety and legacy issues. In response to a question about past thermal events, DESRI distinguished the Moss Landing incident in California as an earlier generation of technology and said modern systems are designed to meet National Fire Protection Association standards, include internal suppression and ventilation, spacing setbacks, and coordinated emergency-response plans. DESRI also described a decommissioning process the company said would be enforced with bonds and independent cost appraisals so funds would be available to restore the site at end of life.

Taxation and project-area status were decisive in the commission’s recommendation. Commissioners and County Commissioner Jordan Leonard discussed whether the battery would be inside an existing project area that can affect tax treatment; DESRI indicated it did not intend to seek tax incentives, but moving the battery outside the earlier project area would allow the county to capture full property and sales tax revenue. Commissioners said keeping the battery as a separate project outside the project area was important to secure county tax revenue.

After discussion, a motion to deny the submitted Level 2 CUP passed unanimously. The Planning Commission then voted to recommend that the county commissioners review the development as a Level 3 CUP and to attach specific expectations — including demonstration of fire and emergency-response coordination with local agencies, a water supply plan for firefighting, a decommissioning plan and posted bonds, supplier and redundancy details, and documentation of training for first responders — as part of the Level 3 submittal.

What happens next: The Planning Commission’s denial and the recommendation for Level 3 review will be forwarded to the county commissioners; DESRI noted it would proceed with whatever review level the county requests and said it is prepared to provide more detailed materials and coordinate with county staff and emergency services. The company also said it preferred a prompt schedule to meet utility demand.