California utility regulator will vote to establish new safety standards for battery energy storage systems

Courtesy: Nikko Osaka on Unsplash

This month’s fire at Vistra Energy’s Moss Landing Energy Storage Facility has refocused national attention on the safety of lithium-based battery energy storage systems (BESS), and the California Public Utilities Commission (CPUC) wants to do everything in its power to prevent another such instance.

The CPUC is investigating the cause of the blaze. In the meantime, California’s utility regulator has issued a proposal to enhance the safety of battery energy storage facilities and their related emergency response plans, to be voted on March 13, 2025. If adopted, here’s what it would do:

  • Implement Senate Bill (SB) 1383 to establish new standards for the maintenance and operation of battery energy storage facilities
  • Increase oversight over emergency response action plans for battery energy storage facilities

The proposal modifies General Order 167, which currently provides a method to implement and enforce maintenance and operation standards for electric generating facilities. The proposal adds new safety standards specifically for the maintenance and operation of battery energy storage systems, as required by SB 1383. The proposal also makes it crystal clear that the CPUC requires battery storage facility owners to develop emergency response and emergency action plans, as required by SB 38.

The CPUC’s plan also contains other technical updates to the standards to improve the safety, reliability, and effectiveness of operation and maintenance activities, like establishing technical logbook standards for BESS and expanding requirements for emergency plans at all electric generation facilities.

Updates on the Moss Landing fire

The CPUC’s Safety and Enforcement Division (SED) conducted an initial site visit as part of its ongoing investigation on January 22, 2025. The cause of the fire is still unknown. Governor Gavin Newsom has publicly asked Vistra Energy to conduct a second, separate investigation into its cause.

Researchers at San José State University’s Moss Landing Marine Laboratories have detected “unusually high concentrations of heavy-metal nanoparticles in marsh soils” at Elkhorn Slough Reserve since the event on January 16. University scientists have been sampling soil in the area for about two years. In the days following the fire, they noticed an increase in surface concentration of three heavy metals- nickel, manganese, and cobalt- within a roughly two-mile radius of Moss Landing.

“This dramatic increase relates to both the shallow subsurface and the baseline measurements conducted in the area before the fire. Samples of the heavy metal layer were examined at high magnification, and it was revealed that these metals are contained in nanoparticles that range in diameter between about 1 and 20 microns,” said a San José State spokesperson.

The detected metals are used in cathode materials for lithium-ion batteries, drawing a clear connection to the fire at the first phase of the Vistra facility, which evacuated nearby residents and shut down Highway 1 for three days. SJSU researchers fear elevated levels of heavy metals may cause damage to local aquatic and terrestrial ecosystems.

Vistra responded to the soil findings, telling local television station KSBW 8:

“Surface sampling continues to be conducted and analyzed by CTEH, the third-party consultant, in consultation with EPA and Monterey County Health Department. We are aware of the news accounts from Monday regarding testing done by San Jose State University but have not received details about their findings or the data. We expect that the health agencies will evaluate those test results, and we will work with them to determine any next steps following their review.

Last week, Assemblymember Dawn Addis (D-Morro Bay) introduced a new bill containing stronger safeguards for future BESS projects. The Battery Energy Safety & Accountability Act, or AB 303, seeks reasonable requirements for future facility locations and suggests ways to prevent fires.

“Our true goal is to guarantee safety for the community and make sure that we are moving forward effectively and collaboratively with local residents, businesses, and all who surround Moss Landing to know they will be safe,” Addis said.

The importance of storage in California

Over the past several years, the deployment of battery storage systems has grown significantly throughout California, growing from 500 megawatts (MW) in 2019 to more than 13.3 gigawatts (GW) statewide in 2024.

The state brought more than 4 GW of new battery storage online last year, part of a record-breaking 7 GW+ of clean energy deployment. California’s current installed battery storage capacity is over 20% of the state’s peak demand. California’s projected need for battery storage capacity is estimated at 52,000 MW by 2045.

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