Earlier today, the U.S. Court of Appeals for the D.C. Circuit vacated a certificate of public of convenience and necessity issued by the Federal Energy Regulatory Commission (FERC) to Spire STL LLC (Spire). The Commission is still reviewing the decision and considering what action may be appropriate in light of the court’s vacatur.
Chairman Richard Glick said that today’s decision highlights the need for the Commission to revisit its framework for determining whether an interstate natural gas pipeline is needed.
“As I noted in my 2019 dissent regarding the Spire project, the Commission must consider all relevant factors when determining the need for a project and balance the evidence of need against adverse impacts. Today’s decision shows that when FERC cuts corners with its analysis, it puts its decisions--and the investments made in reliance on those decisions--at substantial risk.”
Chairman Glick also expressed his desire to revisit the Commission’s approach to assessing the need for an interstate natural gas pipeline in its currently pending notice of inquiry (PL18-1).
“I look forward to continuing to discuss these issues with my colleagues in the hope that we can quickly agree on a legally durable approach to assessing need, among other issues.”