Commissioner James Danly Statement
November 18, 2021
Docket No. RP15-904-003
I agree with the Commission’s decision to approve Gas Transmission Northwest LLC’s Amended and Restated Stipulation and Agreement of Settlement (Settlement).[1] As I stated in my dissent 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 defining “Settling Parties” as parties that “either support or do not oppose”[3] the 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. 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.