ENERGY EXPRESS, INC. v. DEPARTMENT OF PUBLIC UTILITIES

SJC-12262.

477 Mass. 571 (2017)

ENERGY EXPRESS, INC. v. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

August 3, 2017.


Attorney(s) appearing for the Case

William S. Harwood for the intervener.

Kirk G. Hanson , Assistant Attorney General, for the defendant.

Shaela McNulty Collins & Kenneth W. Christman , for Bay State Gas Company, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, BUDD, & CYPHER, JJ.


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...

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