Letter: Islip’s Moratorium Right, State BESS Rules Lacking


File Photo | Islip, NY

On the heels of the determined protests by Hauppauge residents against the Battery Energy Storage System (BESS) facility on Rabro Drive, the Islip Town Board heeded its constituents, extending a moratorium on the construction of such facilities in the community. 

This swift, decisive action is in stark contrast to our state leaders, who introduced a series of regulations that fall woefully short. 

While some of the new rules from the state’s Fire Prevention and Building Code Council were steps in the right direction, like installing centralized alarm systems that are monitored 24/7, others were completely inadequate. For example, the state’s rules require qualified staff who can arrive at the site of an emergency alert within four hours, a luxury most fire departments cannot afford.

BESS facilities utilize massive lithium-ion batteries, whose smaller counterparts can be found in electric scooters and vehicles. While widespread, this technology remains relatively unpredictable and unstable, as deadly, destructive fires sparked by the explosion of faulty e-bike batteries continue to garner headlines. 

A fire caused by an average 250-to-500-watt e-bike battery destroyed an entire apartment building. Due to thermal runaway, the temperature of these batteries can rise from 212ºF to 1,800ºF in a second, burning hotter and longer than normal fires, while emitting toxic chemicals. This significantly complicates a fire department’s ability to extinguish them. 

Hauppauge’s residents were rightfully concerned about the proposed BESS plant. New York has rolled out 6,800 BESS facilities statewide, which cumulatively generate 503 megawatts of power, less than 3/4 of a megawatt per plant. Hauppauge’s BESS would have possessed 79 megawatts—16% of the state’s total BESS capacity and more than double the 63 megawatts generated by the 2,800 existing facilities on Long Island.

Having litigated multiple wrongful death and serious injury cases linked to blazes caused by defective lithium-ion batteries, I can personally attest to the dangers posed by this technology. Without sufficient safeguards for the New Yorkers who would have to live among these dangerous facilities, Islip’s moratorium was the right move. New York’s leaders would do well to heed their concerns, and press pause on further development.  

Michael P.  Mezzacappa, a partner and general counsel with leading defense litigation firm Coffey Modica, which has four offices across New York State. Mezzacappa represents insurers, property owners, managing agents and other professionals in major litigations that include lithium-ion battery explosions and fires.

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