January 7

Legal snafu over canceled natural gas plant site ensnares Connecticut energy storage project

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A planned 325-megawatt battery energy storage system at a key location on New England’s power grid could boost Connecticut’s access to carbon-free power — but only if it can overcome complicated legal and political barriers. 

An Israeli firm, Sunflower Sustainable Investments, filed an application in October for the project with the Connecticut Siting Council, which has regulatory authority over the siting of power facilities.

The $200 million project, called Windham Energy Center, would be located on a largely undeveloped 63-acre site in Killingly, Connecticut, that was slated for construction of a fossil fuel power plant a few years ago. There is existing electric transmission infrastructure immediately adjacent to the site, and the project will connect to the grid via a 345-kilovolt transmission line. 

A spokesman for Windham Energy, Jonathan Milley, said the location is ideal for a battery facility. 

“If you look at the topology of the New England grid, this is at the intersection of the Millstone nuclear power plant and Brayton Point,” in Somerset, Massachusetts, where approved offshore wind projects will eventually be connected to the grid, Milley said. “This nodal location will at certain times of the day and under certain conditions have some of the lowest cost energy available to it on the grid.” 

The project would consist of lithium-ion batteries installed in racks in prefabricated containers, and a switching station operated by Eversource to connect them to the transmission line. The equipment would be located within 20 acres of the total project site. 

But the project is currently hung up by an administrative roadblock. That’s because in 2019, the siting council approved an application from NTE Energy to build a 650-megawatt natural gas plant on a portion of the same property. 

That project, which ran into a storm of opposition from environmental advocates, was never built, and NTE Energy has since dissolved. But nevertheless, on Nov. 8, the siting council’s executive director, Melanie Bachman, notified Windham Energy that it is “premature” for the body to review their application because the Certificate of Environmental Compatibility and Public Need previously issued to NTE still exists. 

The certificate has not been surrendered to the council, she said. And it will otherwise only be void if construction on the gas plant has not been completed by September 28, 2026. 

Windham Energy has asked the council to declare the certificate no longer valid, noting that NTE Energy no longer exists nor holds an option to purchase the property, and that its energy supply agreement with regional grid operator ISO-New England was also revoked in 2022. 

Milley said battery storage is needed to complement the state’s offshore wind goals; the batteries can store surplus energy from wind sources when production is high, and then dispatch it to the grid when it is needed. In 2021, state lawmakers set a goal of at least 1,000 megawatts of energy storage deployment by December 31, 2030.

“If there’s a developer willing to build what the state is looking for and not asking for anything else, it doesn’t seem like asking too much for the council to nullify an existing certificate for an entity that doesn’t exist,” Milley said. 

For now, counsel for Windham Energy has sent a letter by certified mail to Stephanie Clarkson, who they say is the last known contact for NTE Energy, asking her to “advise whether the Certificate issued to NTE should be an impediment” to their proposed project.

The town of Killingly has requested party status in the hearings before the siting council. 

In a letter to Windham Energy following a meeting with the developers, Town Council chair Jason Alexander and vice chair Tammy Wakefield raised concerns about the potential for fire at the facility, pointing to a recent fire at a battery storage facility in New York, and asked how they would prevent a similar event.  

Three battery storage projects caught fire in New York in 2023, prompting Gov. Kathy Hochul to convene a working group to draft updates to the state’s fire code to improve safety and emergency preparedness in the planning of such projects. 

Other towns in Connecticut have also raised concerns about fires for much smaller battery storage projects proposed by Key Capture Energy, of Albany, New York.

Milley says town officials are “right to ask these questions,” and he is focused on addressing their concerns. He noted that Windham plans to use lithium iron phosphate batteries, a type of lithium battery he says is much less prone to fire.

“The element in the battery is iron, which doesn’t burn,” he said. 

However, he added, Windham fully intends to work with town and state fire authorities to develop a response plan “whether it’s a strict requirement or not.” 

In the meantime, Windham Energy has filed a motion with the siting council to reopen the docket concerning NTE Energy so that it might modify its decision and revoke the earlier issued certificate. 

The council is expected to take up that motion during its Feb. 6 meeting. 

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