On January 21, 2020, Duncan & Allen filed a petition on behalf of the Environmental Defense Fund, which asks the DC Circuit to review FERC orders granting a certificate of public convenience and necessity to Spire STL Pipeline.  The orders were approved by narrow majorities in Docket Nos. CP17-40-000 and CP17-40-001.  The appeal will focus on the majority’s finding that a contract between Spire STL and an affiliate is sufficient to demonstrate “need” as required by Section 7 of the Natural Gas Act.  While the DC Circuit has previously upheld FERC’s reliance on affiliate contracts to support a “need” determination, this appeal presents an issue of first impression as the challenged orders mark the first time FERC relied exclusively on an affiliate contract to find a pipeline was needed.  This appeal is the latest example of Duncan & Allen’s work on behalf of clients that want to ensure FERC’s review of certificate applications satisfies the consumer-protection obligations imposed by the Natural Gas Act.  See D.C. Circuit Case Nos. 18-1018, 18-1128, 18-1224, and 19-1144.  For more information, contact Jason Gray at jtg@duncanallen.com.