Earlier this month, Ochoa Energy Storage LLC, a division of Texas-based Vesper Energy, dropped its legal action against the City of Katy, in a new motion filed with the Texas Public Utilities Commission. The company had sought a special use permit in 2024 for a 24-acre site in Katy, where it planned to build a 500-MW battery energy storage facility, to be located near Katy High School. Local opposition to the project was strong, as residents expressed concerns about the project’s safety and its impact on the environment.

Katy’s city council unanimously voted down in October 2024.

Ochoa Energy Storage then filed an appeal with the Public Utility Commission in 2025, asking the PUC to overturn the city’s denial and declare its zoning decisions invalid. Ochoa filed for dismissal of the action on July 6.

The Katy Times reached out to the company at that time for a statement but did not receive a response by press time for the July 16 story.

The company did send a response on July 14, after the story had already gone to press.

“After careful consideration, Ochoa Energy Storage has decided not to move forward with the appeal and has filed a voluntary motion to dismissal without prejudice,” company spokesperson Mona Bond said in the July 14email to the Katy Times.

“We value the relationships we built in Katy and appreciate the time and engagement of local stakeholders, community members, and elected officials throughout this process,” the email said. “While we are disappointed in this outcome, we remain committed to developing energy infrastructure that meets Texas's growing energy demand.”

“Battery energy storage is an important part of Texas's energy future, providing reliable power when demand is high and supporting a resilient electric grid,” the statement continued. “Vesper Energy will continue advancing projects that deliver affordable, dependable energy to communities across Texas and the United States.”