EDF Calls on FERC to Put an End to Spire’s Fear-Based Communication

(Washington, D.C. – November 10, 2021) Environmental Defense Fund filed a request with the Federal Energy Regulatory Commission today urging the agency to issue an order on Spire STL Pipeline’s pending request for a temporary emergency certificate.

EDF has previously supported Spire’s temporary certificate to operate through the winter, with appropriate conditions. The new request comes in response to Spire Missouri’s email to customers warning of potential outages and service disruptions.

“Spire’s email has confused and stressed its own customers,” said EDF senior director and lead counsel Natalie Karas. “Spire currently has a temporary certificate to operate the STL pipeline through December 13, and FERC will soon extend that temporary certificate through at least the winter. Today’s letter reiterates the need for prompt FERC action in order to remediate the fear and confusion created by Spire.”

The case in question is EDF v. FERC. In June, the U.S. Court of Appeals for the D.C. Circuit vacated FERC’s orders approving the Spire STL pipeline and remanded the matter to FERC for further proceedings. The court found that FERC did not sufficiently analyze whether the pipeline was necessary; failed to weigh the benefits of the pipeline against adverse effects, including impacts on ratepayers, landowners and communities in the vicinity of the pipeline; and failed to address evidence of self-dealing by Spire.

The D.C. Circuit subsequently denied Spire’s petition for rehearing and motion to stay issuance of the mandate. The Supreme Court rejected Spire’s request to recall the D.C. Circuit’s mandate, but the company has not yet filed a petition for writ of certiorari.

FERC granted Spire a 90-day temporary emergency certificate on September 14, 2021 so the company could provide continuity of service for its St. Louis customers. FERC is expected to issue another decision in the matter soon.

For additional background, see EDF’s blog post.