On April 9, 1999 the D.C. Circuit remanded FERC's dismissal of a Southern
California Edison complaint alleging that SoCalGas had abused its market
power in the secondary release market for pipeline capacity. The Commission
had decided that SoCal's compliance with the maximum tariff rate made any
inquiry into such issues unnecessary and dismissed the complaint. The Court
concluded that the Commission's refusal to examine the market power issues
raised by Edison was arbitrary and capricious, in view of the CPUC approved
Interstate Transportation Cost Surcharge that permits SoCal to recover the
difference between the price it paid for contracted interstate capacity and
the price it received for release of any such capacity. On March 30, 2000,
the Commission issued a request that the parties file comments on the issues,
particularly focusing on the changed circumstances since the initiation of
this proceeding. Initial comments should be filed within 60 days (May 30).