Commissioner James Danly Statement
April 26, 2022
Docket No. RP17-598-005

I agree with the Commission’s decision to grant Great Lakes Gas Transmission Limited Partnership’s Petition for Approval of Amended and Restated Stipulation and Agreement of Settlement (Amended 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.

 

 

[1] Kinetica Deepwater Express, LLC, 175 FERC ¶ 61,048 (2021) (Danly, Comm’r, concurring in part and dissenting in part at P 10 n.12).

[2] Amended Settlement at Appendix A.

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