ABSTRACT

Gas regulation-in particular, the control of prices in the field-is under heavy attack. This in itself is hardly new. The regulation of producers has been a matter of bitter controversy since 1954 when the Supreme Court, at the behest of a “consumer” state (Wisconsin), ruled that the sales made by a major producer (Phillips Petroleum Company)1 to interstate pipelines were subject to the jurisdiction of the Federal Power Commission (FPC).2 For some years thereafter, the industry’s opposition took the form of a concerted effort to reverse the decision by legislation-an effort that barely failed, and then only because the measures approved by Congress were twice vetoed.3 The claim that control of pro­ ducers’ prices was bound to prove unworkable gained added credence when, in 1960, the commission concluded that it had best abandon its six-year endeavor to comply with the Phillips remand by use of traditional public utility rate-making techniques and consider resort to a radically different approach.4