Commissioner James Danly Statement
August 31, 2022
RP22-1065-000

I agree with the Commission’s decision to approve Iroquois Gas Transmission System, L.P.’s Stipulation and Settlement 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] Iroquois Gas Transmission Sys., L.P., 180 FERC ¶ 61,136 (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 App. B (listing Parties Supporting or Not Opposing Settlement).

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