Commissioners updated on proposed battery storage facility; opt out of flood plain management request

Highland County commissioners Terry Britton, David Daniels and Brad Roades met with representatives from NextEra Energy Resources Wednesday, May 7, ahead of the first planned open house for the company’s proposed Barr Energy Storage project on Mad River Road.

Jim Samuel of Capitol Integrity Group and Courtney Tompkins, a late-stage developer with NextEra Energy, were in attendance. 

As proposed, the up to 200MW project will encompass approximately 35 acres on Mad River Road in New Market Township, near state Route 138. If approved, this would be NextEra Energy Resources’ first battery storage facility in Ohio, as they already own and operate 50 sites across the U.S. and Canada, according to their website.

Last week, it was announced that commissioners had received the pre-application notification for the project on the Public Utilities Commission of Ohio (PUCO) docket, although they noted that the letter incorrectly stated the project would be in the Hillsboro city limits. 

On Wednesday, Daniels suggested that the company “might make it clear” that the project site is in New Market Township, not in the city. Tompkins agreed and said that she has also met with New Market Township trustees to discuss the proposal.

“It takes a small footprint, about 35 acres over there,” Tompkins said of the proposed site. “It is no longer used for farming, so we’re able to come in and help restore the land as well. We're talking about potentially having a quail habitat there, along with our battery storage project.”

Daniels asked if there was “anything else” planned for the site at this point.

“We'll probably enhance the vegetation in the area as well, for the surrounding the project boundary,” Tompkins said. “NextEra sponsors a lot of other environmental friendly efforts as well. If there's a cause that you're passionate about, that's something that NextEra can maybe step into and help there.”

Samuel added that “only about 20” of the 35 acres will be used for the project itself, as “the other buffer areas are what we’re looking at” for preservation efforts.

In response to another question from Daniels, Tompkins discussed the application and review process through the Ohio Power Siting Board.

“The entire process is about a seven-month process from the time we actually file the application, by the time we get an approval or denial by the Ohio Power Siting Board,” Tompkins said. “It’s pretty extensive. I would say it's one of the more extensive permitting processes I've been through.

“They have a really trusted, rigorous process that they're putting us through. We have to answer a lot of questions and abide by a lot of the standards that they have, and we'll have all that in our permitting package.”

Britton asked if this also involved filing with PJM, the regional transmission organization. Tompkins said that they have already “filed the project through the PJM 2026 queue.”

Britton also asked if there was a “timeline” for the project, assuming the company’s application is granted.

“We plan right now on energizing in 2030, with construction probably hitting around 2028,” Tompkins said. “We like to come into the community early, let everyone know that we're here. 

“We view this as a partnership, so we want to operate on full transparency. We're pretty early in our process, but we're excited to be here.”

In response to a question from Britton, Samuel said that developers “would be open to a discussion about” a PILOT (Payment In Lieu of Taxes) for the project, as Tompkins said they were “also going to do an economic impact study.”

Although the group was holding their first open house Wednesday evening, Tompkins said another event is currently being planned, while they are also meeting with emergency personnel and others in the community.

“We’re excited about being a partner,” she said. “Some of the benefits that this can bring to the community is additional tax revenue for schools, roads, vital community services. 

“Also, it enhances the grid, grid reliability and affordability, so there's a lot of benefits that come.”

Samuel agreed, saying that “everybody talks about the need for new generation and more electrons getting onto the grid to stabilize it. 

“Batteries is probably the quickest thing that can be built to put new electrons onto the grid,” Samuel said. “This is a project that can bring much quicker benefit to the community, to the state, to the business community in Ohio.”

For more background on the project, see the story at: https://highlandcountypress.com/news/nextera-energy-resources-outlines-…. Their PUCO docket case number is 26-0498-EL-BGN.

In other discussion:

• Commissioners announced that they will not be pursuing membership in the Flood Plain Management Program and/or National Flood Insurance Program, following months of research.

In December, Bill Bowman of New Life Ministries addressed commissioners to ask the county to consider joining the National Flood Insurance Program. Bowman said that the former site of his church on state Route 247, which has a creek running through it, flooded in 2009 and 2010. Bowman said he approached commissioners with a similar request in 2011.

Roades said that commissioners and Highland County Prosecutor Anneka Collins were in agreement with other local officials who looked into the matter, as the group, which also included representatives from the county Emergency Management Agency, Engineer’s Office, Health Department and Soil & Water Conservation District, does not want to pursue the request further.

Roades said that at first, the county engineer offered to go through the training to be the floodplain manager, but upon attending one of the classes, he realized there was “a whole lot more involved.” 

After that, Roades said that county leaders met with Certified Flood Plain Manager Alicia Silverio in March for a more detailed look at the Floodplain Management Program.

“It basically started back in 1978,” Roades said. “It was updated in 2011 with detailed mapping, and then by 2021 to current with new mapping. 

“In order for us to be part of this flood plain management, we would have to be compliant up to previous dates, which meant that anybody who was in the flood plain at that time, in order for them to get the insurance they had a house that was in the flood plain, they'd have to fix their house and get it moved out of the flood plain.”

Collins spoke about the legal ramifications of membership. 

“The one thing I will add to this is that if [property owners] don't come out of the floodplain, then we are expected to file a civil complaint against them and seek judgment against them with an injunction forcing them to bring their property out of the floodplain,” Collins said. “Basically, everyone that's currently in a floodplain would have a lawsuit filed against them, in order to be part of this service, and I think that's a terrible plan.

“Once they are determined to be in a flood plain, they have to purchase the insurance, and if they don't bring their property into compliance, and we don't file a lawsuit against them, then we the county is responsible to cover their loss. If they have a claim, the next time their insurance goes up tremendously. I don't understand why anybody would want to be part of this, honestly.”

Roades agreed, saying the presentation from Silverio led them to decide the county “would not participate due to the liability to the county for compliance and monitoring.

“The county engineer does obtain flood maps, so if anyone is curious, before they buy a piece of property, they can check with him to see if they fall in that area,” Roades added.

Britton and Daniels said they also agreed the county should not pursue the matter.

“The people who’ve actually come in here and asked us to do something would not benefit from this,” Daniels said. “In fact, they would, they would find themselves in a lawsuit with us.

“There seems to be no benefit for the county to join long term, even for those people who are considering building in the future.”

Daniels thanked the county officials for their research into the matter.

• The board approved a previously discussed security services agreement between the Highland County Sheriff’s Office and Highland District Hospital, as Highland County Sheriff Randy Sanders said the parties have been in talks for “about a year” for two security officers.

“They want security 365 days a year, during the evenings and nights,” Sanders said. “They're going to provide the county money for us to put two people on that, where that's their job, at the hospital.

“It's included in there for overtime so that the days that they take off, that our people can cover the shift.”

• Commissioners held a third bid opening for their Community Development Block Grant project for the Highco courtyard. 

As previously reported, commissioners voted last May to submit an application from Highco for Community Development Block Grant funding. The proposal is for an outdoor space for an autism center courtyard, with swings and other equipment, according to CDBG coordinator Mary Remsing.

The county received one bid from Dance Excavation in the amount of $108,500.

In response to a question from Daniels, Remsing said the quote was “a little over” estimate, and “that excludes the equipment.

“We’ll probably need to seek additional funding sources,” she said.

No action was taken on the bid pending further review by Remsing and McCarty Associates.

• Commissioners said that they received notice of a Section 106 filing for the proposed construction of a new tower at 3935 Point Liberty Road. Daniels said they were unsure of the details but it was likely “a cell tower or something of that nature.”

Commissioners also made the following approvals, each by a 3-0 vote:

• An Ameresco Controls renewal agreement in the amount of $20,033.
• A quote from Johnson Controls in the amount of $19,825.20 for a CO/gas detector system at the Highland County Justice Center, based on the recommendation of Cierra Moore of the county’s maintenance department. 

• A hydrostatic testing proposal and service agreement with Johnson Controls for work at the Highland County Justice Center. According to Moore, that includes a $2,440.25 charge for the test and replacement of a check valve, plus a $3,181.88 quote for a pull station replacement.

• A quote from Ellis Fence in the amount of $1,275 for fencing around an HVAC unit at the Highland County Dog Pound.

• An intergovernmental jail housing agreement among Highland County Commissioners, the Highland County Sheriff's Office, Pike County Board of Commissioners and the Pike County Sheriff’s Office.

• A consulting services agreement among Highland County Commissioners the Auditor’s Office and Local Government Services LLC.

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