Gillespie County Judge Daniel D. Jones has formally requested a determination from the Texas Attorney General’s Open Records Division regarding a Public Information Act request received on January 25, 2026. The county is seeking to withhold public records and communications related to two local Battery Energy Storage System (BESS) projects.
The Core Dispute
The public records request seeks meetings, correspondence, and inspection notes involving two energy developers: Peregrine (managing the Rogers Draw project) and AMPYR (managing the Marshall Springs projects).
While Judge Jones has publicly contested claims that the county is in an active lawsuit with AMPYR, the formal filing to the Attorney General explicitly cites “pending or reasonably anticipated” litigation involving AMPYR as a legal justification for withholding the documents.
Legal Grounds for Non-Disclosure
The county’s outside counsel, Taylor, Olson, Adkins, Sralla & Elam, L.L.P. (TOASE), cited two main exemptions under the Texas Government Code to justify withholding the records:
- The Litigation Exception (§ 552.103(a)): Applies to records tied to the active lawsuit Victor Hollander, et al. v. Rogers Draw Energy Storage, LLC as well as the anticipated legal actions involving AMPYR.
- Attorney-Client Privilege (§ 552.107(1)): Applies to confidential internal emails between the County Attorney, county employees, and the Commissioners Court.
The Texas Attorney General will ultimately determine which marked records must be released to the public and which may remain confidential.