Commissioner James Danly Statement
April 11, 2023
Docket Nos. RP22-501-005, RP22-501-000

I agree with the Commission’s decision to approve ANR Pipeline Company’s Stipulation and Agreement of Settlement (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.

For these reasons, I respectfully concur.

 

[1] ANR Pipeline Co., 183 FERC ¶ 61,104 (2023).

[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 App. A (listing parties that “either support or do not oppose” the Settlement).

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