Commissioner James Danly Statement
October 25, 2022
Docket No. RP18-75-007
I agree with the Commission’s decision to approve Algonquin Gas Transmission, LLC’s Settlement Extension Agreement (Settlement).[1] 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.[2] Though I understand that the use of an attachment listing parties supporting or not opposing a settlement is common in the industry,[3] 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.
[1] Algonquin Gas Transmission, LLC, 181 FERC ¶ 61,069 (2022).
[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] See Settlement at Attach. 1 (listing Parties Supporting or Not Opposing the Settlement).