Commissioner James Danly Statement
July 30, 2021
Docket Nos. RP20-614-005 RP20-618-002
I agree with the Commission’s decision to approve Transcontinental Gas Pipe Line Company, LLC’s Stipulation and Agreement (Settlement). As I stated in my dissent 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 attachments listing “Supporting or Non-Opposing Participants”[2] 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.