Cass Township trustee urges moratorium on battery storage; County says limited authority

Cass Township Trustee James Meyer on Jan. 5 presented a formal letter asking Dubois County to impose a moratorium on construction of Battery Energy Storage Systems (BESS) in Cass Township, citing public safety and emergency response, financial responsibility, ordinances and land use, environmental impact and the need for public discourse.

Meyer told the commissioners the Cass Township Advisory Board has substantial concerns about long-term impacts on the local community and that the public had limited awareness about the project. Resident Dave Duncan raised additional safety concerns and said he had discussed approvals and standards with Indiana Homeland Security, referencing NFPA 855 (Standard for the Installation of Stationary Energy Storage Systems). Duncan said he was worried about fire risk and potential county liability and provided Indiana code citations to County Attorney Gregory S. Schnarr for review.

County Attorney Schnarr said his interpretation of the moratorium request is that it would apply to future solar projects but would not halt the AES Battery Energy Storage System already under construction. Commissioner Chad A. Blessinger told the board the county could not place a moratorium on the AES project because the county lacks zoning ordinances and the project’s permitting approvals had already been met.

Resident Randy Bartelt warned the board that if landowners did not sign up for solar, the county should protect their rights and said extra fire protection would not be necessary if a BESS facility is not built. The board did not take formal action to impose a moratorium during the Jan. 5 meeting and directed county staff and legal counsel to review the codes and options provided for legal review.