Village Board details next steps for storage site fire location

The Warwick Village Board pledged to be transparent, as community members remain concerned about the impact of the December Church Street battery energy storage site fire on their health and safety.

In a statement read at the Jan. 20 meeting, Mayor Michael Newhard explained that operator Convergent Energy and Power was not issued a certificate of compliance because they did not provide supporting paperwork for safety testing and dismissed other requests for safety protocols. Newhard added that Convergent pressed the building department to sign off on the certificate of compliance. In October the village code enforcement officer reached out to Convergent about operating without the certificate.

Newhard noted that the cause of the fire is still under review, noting that the 2023 fire occurred when the system was not connected to the grid, suggesting incidents can occur whether the system is connected or not.

Newhard shared that he - along with trustee Thomas McKnight, counsel, engineering and village code enforcement representatives met with Orange and Rockland on Jan. 13. Referring to a synopsis provided by McKnight, Newhard said the meeting revealed gaps in transparency, noting that O&R was reluctant to provide certain materials related to selection of Convergent, citing commercial sensitivities.

McKnight’s report suggested that while O&R might consider sharing certain documents, the village should not expect a commitment from them. In addition, Newhard explained that there is no formal process of notifying municipalities when systems go online and that O&R was not willing to change how it coordinates with municipalities. It was also revealed that the company does not verify certificates of compliance when giving permission to operate.

When pressed about safety issues, Newhard said, O&R claimed they are outside of their scope of responsibility, noting that the village plans to continue to push O&R for more information while pursuing public records through the Freedom Of Information Law (FOIL). He also said the village will have a website available with more information for the public.

According to Newhard, during a site visit to the Church Street location on Jan. 20, a representative from Convergent demonstrated that the system was drawn down and as of Jan. 22, the burnt and damaged batteries should be removed from the site.

The board agreed to hire LaBella Associates, an engineering consulting firm, to provide an environmental investigation at the Church Street facility at an estimated cost of $24,600. Among other tasks, LaBella will analyze preliminary air quality information that was provided by Orange County Hazmat.

In a letter sent to the board, Convergent confirmed it will cover the costs of the consulting engineer, saying it “believes it is both prudent and responsible to let the independent third-party root cause analysis to guide our shared understanding.” According to Newhard, Convergent also diminished its need for a certificate of compliance.

Citing a letter to the Warwick Advertiser by Megan Cooke, Newhard encouraged Warwick residents to reach out to State Sen. James Skoufis and tell him to vote against a proposed bill that would remove individual municipalities’ rights to decide what facilities may be built in their community. According to the New York State Senate website, the bill would enable the Office of Renewable Energy Siting (ORES) to site energy storage facilities across the state to reduced emissions from older plants and ensure the state reaches its renewable energy goals.

Newhard explained that this would undermine New York’s status as a home rule state, which gives local government the autonomy to manage their own affairs, including the ability to issue moratoriums on construction of energy storage facilities.

Warwick resident Stephanie Kowalsky commented that there was a lot of blame going around, but ultimately residents will come after the village, and taxpayers will cover fees associated with lawsuits. She also questioned why the owner of the property where Church Street facility is located wasn’t being held accountable, adding that the facility is now under the ownership of two smaller LLCs, who are financially unable to pay any fines. Warwick Village Attorney Benjamin Gailey countered that Convergent is still the owner and operator.

Addressing concerns about a missing portion of an environmental assessment form, Gailey said he doesn’t believe project can be invalidated because of missing documentation

Newhard said no date has been set for a public meeting with Convergent as they are still determining the root cause of the fire. The board confirmed that it may be possible to include both O&R and Convergent in the same meeting, as has occurred in the past.