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.

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This page was last updated on March 12, 2021