Commissioner James Danly Statement
September 7, 2021
Docket No. RP20-1060-003

I agree with the Commission’s decision to approve Columbia Gas Transmission, LLC’s Stipulation and Agreement (Partial Settlement).  As I stated in my separate statement in Kinetica Deepwater Express, LLC, I suggest to anyone participating in the natural gas industry that it might be prudent to be clearer in your settlement agreements as to whether you are actually a party to that agreement.[1]  Though I understand that the use of an appendix listing parties that “either support or do not oppose”[2] a settlement is common in the industry, situations will almost certainly arise in which an entity’s status as party or non-party to a settlement will be dispositive.  This will be even more important should the issue be presented to a body less indifferent to fundamentals of contract law than this Commission.

For these reasons, I respectfully concur.


[1] Kinetica Deepwater Express, LLC, 175 FERC ¶ 61,048 (2021) (Danly, Comm’r, concurring in part and dissenting in part at P 10 n.12).

[2] Partial Settlement at Appendix A.

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This page was last updated on September 08, 2021