Commissioner James Danly Statement
October 21, 2021
Docket No. RP21-751-000
I concur with today’s order denying the complaints against Panhandle Eastern Pipe Line Company, LP (Panhandle). Panhandle complied with its tariff and Commission policy when, pursuant to section 27.3 of its Tariff’s General Terms and Conditions (GT&C), it waived penalties associated with Operational Flow Orders on Gas Day 15 but not Gas Days 16-18. I write separately to highlight that I have previously expressed misgivings that GT&C section 27.3 is overly broad and that the Commission should exercise its authority under section 5 of the Natural Gas Act to direct Panhandle to modify GT&C section 27.3 or explain why it should not be required to do so.
For these reasons, I respectfully concur.