Comment:
Robert D. Daniel, Independent Natural Gas Producers, the FPC
and the Courts: A Case of Judicial Intermeddling, 53 Texas
L. Rev. 784 (1975).
Abstract:
In the face of an ever-widening shortage of gas and scholarly
criticism, the Federal Power Commission has attempted to alter
substantially the structure of its field price regulation. The
Commission has accomplished this metamorphosis in an environment
not wholly conducive to rational decisionmaking. On the one
hand, the President has called for deregulation of the
independent natural gas producer while elements in Congress have
suggested tightening control over gas rates. On the other hand,
the Supreme Court has become increasingly skeptical of
commission action despite protestations to the contrary.
This comment tracks two paths. First, it examines the current
activity of the FPC, assessing the economic impact of the
Commission’s new regulatory pattern. Second, it scrutinizes the
recent development of judicial activism as an obstacle to
rationalizing natural gas regulation.