OC Vice Chair Katrina Foley and U.S. Congressman Mike Levin Release Joint Statement Prior to California Energy Commission Meeting on Community Opposed Compass Energy Storage Project

By The Office of Orange County Supervisor Katrina Foley on May 28, 2025

Orange County Supervisor Katrina Foley and U.S. Congressman Mike Levin released a joint statement ahead of the California Energy Commission’s (CEC) informational and environmental scoping meeting in Orange County. This Thursday, the CEC will present and ask for information on the proposed Compass Energy Storage Project. Both Vice Chair Foley and Congressman Levin have media availability ahead of the meeting on Wednesday and Thursday.

“Sustainability and increasing our electrical grid capacity must be a priority, but not at the expense of public safety and common sense. I urge the CEC oppose permitting the Compass Energy Storage Project or any other BESS facilities within Very High/High Fire Severity Zones. The wildfire risk and threat to the communities of San Juan Capistrano and Laguna Niguel are far too great to ignore,” said Vice Chair Katrina Foley. “To prevent future conflicts in County Unincorporated areas, the County of Orange is crafting a BESS Ordinance to require safety protocols for development, create zones where BESS facilities are proper, and ban the development inside Very High/High Fire Zones as identified by CalFire.”

“I do not believe that the application to build the Compass Energy Storage Project on its currently proposed site meets “smart from the start” principles I have long advocated for at the federal level,” said Congressman Mike Levin. “The project would be situated near sensitive areas – relatively close to homes and adjacent to Trabuco Creek – and alongside critical infrastructure – primarily, Interstate 5. Should there be any kind of disaster at the project, nearby residents may be severely impacted, as could the water quality of the creek. Any extended shutdown of I-5 would hurt the commerce of our region.”

Supervisor Foley and Congressman Levin both oppose the project and sent the attached letters to the CEC in advance of the hearing.

They are both working on legislative remedies to properly zone BESS facilities, as well as safety protocols given the high fire risk. They are available for interviews in advance of the hearing on Wednesday, May 28, 2025.

Information on Thursday’s CEC Hearing:Detailed Agenda

Who: OC Vice Chair Katrina Foley – District 5, Congressman Mike Levin (CA-49)

When: Thursday, May 29, 10:00 a.m.

Where: CUSD Board Room – 33122 Valle Road, San Juan Capistrano

Attendees can also joinvia Zoom (Webinar ID: 840 0446 1785, Passcode: 715190).

——————————————————–

Comment Received From: Orange County Supervisor Katrina Foley Submitted On: 5/16/2025
Docket Number: 24-OPT-02

Oppose BESS Facility in High Fire Severity Zones

I urge you to deny the Compass Energy Storage Project in San Juan Capistrano. As the Vice Chair of the Orange County Board of Supervisors, I spearheaded the development of our first climate action plan and initiated sustainability efforts for our county. However, sustainability should not take priority over public health or public safety from fire risk. For that reason, I oppose this project and any other BESS development within Very High / High Fire Severity Zones as identified by CalFire.

As you know, unlike traditional building fires, fires at Battery Energy Storage System (BESS) facilities require complex and less effective mitigation efforts. The lithium-ion battery technology used in these facilities generate their own oxygen, which means water will help cool down a blaze but rarely extinguishes the flames. The best our firefighters can do is contain these fires and wait around as they burn out.

Just recently, on January 16, a fire overwhelmed the fire suppression system of the biggest BESS facility in the world, forcing a Monterrey County state of emergency and the evacuation of more than 1,200 residents. Thankfully, this facility sits in a relatively low fire risk area, but the same cannot be said about the proposed project in San Juan Capistrano. For projects in dry, expansive areas similar to the areas impacted by the Los Angeles fires, the â€ ̃let-it-burnâ€TM method recommended for BESS fires will lead to catastrophic wildfires. As demonstrated in Attachment A, the hazard of wildfires continues to expand to more of our county and state.

As a member of the Orange County Transportation Authority (OCTA) and LOSSAN Rail Corridor Agency Board of Directors, the impact on the rail corridor concerns me as well. Questions of project feasibility arise given the erosion in the Oso Creek channel and the trains that move 90 miles per hour on this portion of the LOSSAN Rail Corridor. The proximity to this critical rail path and the Interstate 5 makes this project not only a threat to public safety but also threatens regional mobility. It demands more, not less, local control.

Last October, I directed County staff to write commonsense guidelines that will dictate the safety and fire suppression mechanisms of these facilities, given current systems are not working. Once written, the ordinance will serve as a model for other jurisdictions to adopt. Please allow us time to keep this development under local oversight.

If you have any questions, please feel free to contact Alyssa Napuri, my Deputy Chief of Staff, directly at (714) 558-3550 or Alyssa.Napuri@ocgov.com.

David Hochschild
Chair
California Energy Commission 715 P Street
Sacramento, CA 95814

Dear Chair Hochschild,

May 27, 2025

I write to express my opposition to the location of the Compass Energy Storage Project, the 13- acre battery energy storage system proposed in the City of San Juan Capistrano and adjacent to the City of Laguna Niguel. I understand that the project is under review by the California Energy Commission (CEC), which is the lead agency preparing associated environmental documents.

I strongly support the development of clean energy infrastructure to facilitate our nation’s transition away from fossil fuels and their associated impacts, chiefly climate change. Further, I recognize the important role battery storage plays in helping to smooth the so-called “duck curve,” ensuring we have emission-free electricity available at the times of greatest demand.

However, I have also been a longtime proponent of smart planning and siting of these projects. For the last four Congresses, I have sponsored the Public Land Renewable Energy Development Act, which would require “smart from the start” planning of clean energy projects on public land. This process would ensure that the projects are sited in a way that reduces any negative impacts, including to the environment.

I do not believe that the application to build the Compass Energy Storage Project on its currently proposed site meets these same “smart from the start” principles I have long advocated for at the federal level. The project would be situated near sensitive areas – relatively close to homes and adjacent to Trabuco Creek – and alongside critical infrastructure – primarily, Interstate 5. Should there be any kind of disaster at the project, nearby residents may be severely impacted, as could the water quality of the creek. Any extended shutdown of I-5 would hurt the commerce of our region.

In the event of a fire, there would likely be a federal role in the response, whether by assets on Marine Corps Base Camp Pendleton or those managed by the U.S. Forest Service. It is my mission to ensure that these federal disaster response authorities always have the resources they need to be effective.

I urge the CEC to reject the currently proposed location of the Compass Energy Storage Project. Should you have any questions about my position, please reach out to my office.

Sincerely,

Mike Levin
Member of Congress