ngi article tw ruling ngi daily gas price index published october 29 2001 alj clears transwestern market power charges ferc administrative law judge found improprieties evidence exercise market power negotiated rate contracts transwestern pipeline two shippers system resulted shippers charged much 27 mmbtu last february far excess pipeline allowed transportation rate 38 cents mmbtu rp 97 288 009 alj jacob leventhal one fault find transwestern method posting capacity judge said transwestern agreed modify tariff posting bidding award procedures set forth separate provision appropriate caption internet bulletin board shippers said reviewing capacity transwestern web site tortuous process indicated shippers claimed transwestern inadequate capacity posting award procedures provide interested parties opportunity bid capacity available indicated shippers ferc staff find curious set sempra energy trading richardson products co sole bidders contracts awarded curiosity translate proof judge said witnesses expedited hearing testified bids considered advance capacity posting judge subsequently found capacity awarded manner consistent transwestern tariff similarly levanthal could find evidence transwestern exercised market power negotiating rates shippers withholding threatening withhold capacity capacity available recourse rates shippers knew rates available staff arguments really criticisms posting award procedures demonstrate exercise market power two shippers said made business decision propose index index formula produced higher rates rather take recourse rate minimize risk transportation options index index formula refers taking difference daily published commodity prices two different points subtracting get transportation rate case two points san juan basin socal needles delivery point case set expedited hearing last summer commissioners acting staff recommendations