Antitrust: Natural Gas Sales: Filed Rate Doctrine

摘要

This is another part of extensive litigation invovling the alleged manipulation of natural gas price indices in 2000 and 2001. This case is originally filed in a state court in Kansas following the FERC's investigation into the alleged manipulation. The case is removed and then transferred to the District of Nevada pursuant to an order of the Judicial Panel of Multidistrict Litigation. Plaintiffs in this case are seeking to recover damages on behalf of natural gas ratepayers because the defendants' alleged price manipulation increased the price paid by those consumers in violation of the Kansas antitrust statutes. (Kan.Stat.Ann. §§ 50-101 et seq.). The defendants file a motion to dismiss claiming that the state antitrust matters are preempted through the application of the filed rate doctrine. Earlier decisions by this court had dismissed other state antitrust claims under the filed rate doctrine. See In re Western States Wholesale Natural Gas Antitrust Litigation, 408 F.Supp.2d 1055, 163 0.&G.R. 856 (D.Nev. 2005), 368 F.Supp.2d 1110, 163 0.&G.R. 886 (DNev. 2005). The plaintiffs argue that the unique "full consider-ation" statute in Kansas differentiates the Kansas claims from the other similar claims that have been dismissed. In reviewing the Kansas statutory claims the court determines that the filed rate doctrine did not bar the consumers' claims in this case. Likewise, the court refused to dismiss the plaintiffs' claims at this preliminary stage because of factual disputes as to whether the sellers were engaging in sales for resale which would fall under the FERC's jurisdiction and therefore preempt any state-law claims.