![]() ![]() ![]() “While I understand how critical it is to ensure service continues uninterrupted and I appreciate the circumstances faced by Spire, I cannot vote for this order because it violates the NGA and the Administrative Procedure Act,” Danly wrote. The temporary certificate, in effect for 90 days, authorizes Spire STL to continue operating all facilities currently in service.ĭanly in his dissent argued that FERC misused its emergency authority in granting the temporary certificate. It also imperiled service to Spire STL customers, a scenario FERC appeared keen to avoid with winter heating season approaching. Once in effect the court’s mandate would have removed the pipeline’s authority to operate. Earlier this month, the court denied a petition for panel rehearing filed by Spire and its affiliate Spire Missouri Inc., upholding the court’s view that FERC failed to properly examine the market need for the project. Court of Appeals for the District of Columbia Circuit’s June order vacating Spire STL’s Natural Gas Act (NGA) certificate. Three of the four sitting members of the Federal Energy Regulatory Commission opted to support the certificate to “ensure continuity of service for a limited period while the Commission considers appropriate next steps.” Commissioner James Danly dissented. ![]()
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