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).[1]  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.[2]


For these reasons, I respectfully concur.


[1] ConocoPhillips Co. v. Panhandle E. Pipe Line Company, LP, 171 FERC ¶ 61,027 (2021).

[2] Panhandle E. Pipe Line Co., L.P., 174 FERC ¶ 61,237 (2021) (Danly, Comm’r, concurring).

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