Commissioner James Danly Statement
November 18, 2021
Docket No. RP15-904-003

I agree with the Commission’s decision to approve Gas Transmission Northwest LLC’s Amended and Restated Stipulation and Agreement of Settlement (Settlement).[1]   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.[2]  Though I understand that defining “Settling Parties” as parties that “either support or do not oppose”[3] the 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] Gas Transmission Nw. LLC, 177 FERC ¶ 61,110 (2021).

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

[3] Settlement at Art. III(A) and App. A.

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This page was last updated on November 18, 2021