Commissioner James Danly Statement
February 25, 2022
Docket Nos. RP20-1060-005, et al.
I agree with the Commission’s decision to approve, with one modification, Columbia Gas Transmission, L.L.C.’s Stipulation and Agreement of Settlement (Settlement). 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.[1] Though I understand that the use of an appendix listing parties that “either support or do not oppose” a 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.[2] 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.