Law & Lawyers

The U.S. Court of Appeals for the Ninth Circuit has ruled that natural gas local distribution companies (LDCs) in California are no longer immune from antitrust actions caused by their activities in the natural gas vehicle (NGV) industry. The decision clears the way for a federal district court to hear a complaint lodged against Southern California Gas, a local distribution company (LDC), by two California corporations engaged in the NGV refueling business.

Sound bites from state and federal regulators.

Storm Damage Costs. Hawaii rejects proposal by electric utility for statewide surcharge to recover hurricane damage costs. Says that "regulatory compact" requires utility to quickly repair damage and restore service to consumers in return for recovery of all prudently incurred costs. Dkt. No. 94-0097, Aug. 7, 1996.

Gas-supply Incentives. Missouri increases LDC's rates by $9.5 million.

The Federal Energy Regulatory Commission (FERC) has announced two policy changes in its first final order on negotiated rates under its policy statement on Alternatives to Traditional Cost-of-Service Ratemaking. The FERC will now require pipelines to file either negotiated rate contracts or tariff sheets that reflect the essential elements of their negotiated rate agreements. In addition, pipelines will no longer be permitted discounted adjustments to their recourse rates.

The case involved NorAm Gas Transmission Co. (Docket No. RP96-200-001).

It was the week before Thanksgiving. On the train ride home (I live in downtown Washington, DC, in an old, sprawling apartment building that once claimed Huey Long and Richard Nixon as tenants), my attention was drawn to a frazzled female lawyer sitting in the seat next to me, who was feverishly making notes in the margins of a thick, serious-looking, legal-sized document.

I confess. I like to read over people's shoulders, but often lose interest after the first few words. This case was different, though.