Commissioner James Danly Statement
November 30, 2022
Docket Nos. RP21-1188-004, et al.
I agree with the Commission’s decision to approve Texas Eastern Transmission, LP’s Stipulation and 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.
For these reasons, I respectfully concur.