Commissioner James Danly Statement
October 25, 2022
Docket No. RP22-921-001
I dissent from this order rejecting the requests for rehearing of the Commission’s finding that Tennessee Gas Pipeline Company, L.L.C. (Tennessee) was not required to file its Producer Certified Gas (PCG) Criteria in its tariff in order to implement the PCG Pooling Service Option.[1] I dissented from the original order because, in arriving at this decision, the Commission violates the Natural Gas Act which requires that practices that significantly affect rates and service must be included in a tariff.[2] Despite the majority’s claim,[3] the PCG Pooling Service Option is a service and what can be more “significant” than the criteria that must be satisfied in order to be eligible to participate in that service.[4]
Today’s order on rehearing adds nothing to change my opinion. My original dissent fully explains the Commission’s violation, and no further response being necessary here, I commend that dissent to the reader’s attention.[5]
For these reasons, I respectfully dissent.
[1] Tenn. Gas Pipeline Co., L.L.C., 181 FERC ¶ 61,063 (2022) (Rehearing Order).
[2] Tenn. Gas Pipeline Co., L.L.C., 179 FERC ¶ 61,233 (2022) (Danly, Comm’r, dissenting) (June 2022 Order).
[3] Rehearing Order, 181 FERC ¶ 61,063 at P 16.
[4] June 2022 Order (Danly, Comm’r, dissenting at PP 4-5).
[5] Id.