Commissioner James Danly Statement
September 7, 2023
Docket Nos. RP22-1033-005, RP22-1033-000 | Errata
I agree with the Commission’s decision to approve Northern Natural Gas Company’s Stipulation and Agreement of Settlement (Settlement).[1] As I said 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] See N. Nat. Gas Co., 184 FERC ¶ 61,149 (2023).
[2] Kinetica Deepwater Express, LLC, 175 FERC ¶ 61,048 (2021) (Danly, Comm’r, concurring in part & dissenting in part at P 10 n.12).
[3] See Settlement at Apps. A & B. I note that this settlement contains two separate lists: (1) “Settling Parties in Support of Settlement” in Appendix A; and (2) “Settling Parties that Do Not Oppose Settlement” in Appendix B. Settlement at Apps. A & B.