Energy Express, Inc. v. Department of Public Utilities

Prior to 1999, the supply, transportation, and distribution of natural gas to consumers in the Commonwealth were “bundled” together and provided by a State-endorsed monopoly, referred to as a “local distribution company” or “LDC.” The Legislature “unbundled” these components, allowing private companies, referred to as “marketers,” to compete as suppliers of natural gas in the Commonwealth. Transportation and distribution of gas, however, remained the sole province of the LDCs. To ensure that consumers who opted to purchase gas from marketers continued to receive a sufficient supply of gas,…