On Monday, January 27th, the California Public Utilities Commission (CPUC) issued a Draft Resolution (ESRB-13) to enhance the safety and reliability of electric generation and energy storage facilities by updating CPUC General Order 167. The Draft Resolution incorporates two recently passed measures: Senate Bill 38 (Laird, 2023) which mandates Emergency Response and Action Plans for Energy Storage System (ESS) owners; and Senate Bill 1383 (Hueso, 2022) which requires the CPUC to establish maintenance and operation standards for ESS facilities. The resolution also implements broader updates to CPUC oversight, aligning regulations with the increased adoption of renewable generation and energy storage systems.
Recognizing the need for comprehensive oversight, including suggestions from RCRC, the CPUC is expanding safety requirements across all generating asset owners, ensuring coordination with local authorities on emergency plans. The resolution introduces Logbook Standards for energy storage and renewable generation facilities, revises maintenance and operation standards for generating assets, and enhances overall safety measures. Additionally, CPUC now requires energy storage system owners to report safety-related incidents such as fires, thermal runaways, or other failures, mirroring existing reporting obligations for traditional generating facilities. The standards do not include site design, setback requirements, or other fire safety standards as are currently being contemplated by the State Fire Marshal as future updates to the California Fire Code.
The CPUC continues its investigation into recent battery energy storage system (BESS) fires, including the Moss Landing incident in Monterey County. Given the rapid expansion of BESS capacity—growing from 500 megawatts (MW) in 2019 to over 13,300 MW statewide in 2024—the need for updated regulations is increasingly urgent. By 2045, California projects a statewide BESS capacity requirement of 52,000 MW to support grid reliability and integrate intermittent renewable resources.
For more information, contact RCRC Senior Policy Advocate John Kennedy or RCRC Policy Advocate Leigh Kammerich.