Commissioner James Danly Statement
March 12, 2021
Docket No. RP21-311-001
I agree with the Commission’s decision to accept the revised tariff records filed by Northwest Pipeline LLC (Northwest). I write separately, however, because the January 2021 order suspended Northwest’s “proposed tariff records subject [to] refund, additional comment, and subsequent Commission action.”[1] As I have previously indicated,[2] section 4 of the Natural Gas Act (NGA) does not permit the Commission to accept a tariff revision “subject” to comment and unspecified “subsequent . . . action.” Instead, the NGA requires the Commission to first set the proposed tariff records for hearing in order to suspend a rate filing and make it subject to refund.[3] Although the Commission likely intended for “additional comment” to be interpreted as requiring a hearing,[4] in the future, the Commission should draft its orders using terms consistent with the statute in order to ensure clarity and to satisfy the requirements of the NGA.
For these reasons, I respectfully concur.
[1] Northwest Pipeline LLC, 174 FERC ¶ 61,026, at P 11 (2021) (emphasis added).
[2] See my separate statements in Dominion Energy Cove Point LNG, LP, 174 FERC ¶ 61,139 (2021) and Columbia Gas Transmission, LLC, 174 FERC ¶ 61,070 (2021).
[3] Section 4 provides that:
Whenever any such new schedule is filed the Commission shall have authority . . . to enter upon a hearing concerning the lawfulness of such rate, . . . and, pending such hearing . . . the Commission . . . may suspend the operation of such schedule . . . but not for a longer period than five months . . . . If the proceeding has not been concluded and an order made at the expiration of the suspension period, . . . the proposed change of rate, charge, classification, or service shall go into effect. Where increased rates or charges are thus made effective, the Commission may, by order, require the natural-gas company . . . to refund, with interest, the portion of such increased rates or charges by its decision found not justified.
15 U.S.C. § 717c(e) (emphasis added).
[4] If that was not in fact the Commission’s intent, I voted for the order in error.