ENGIE Gas & LNG LLC v. Dep’t of Pub. Utils.Annotate this Case
The Department of Public Utilities issued an order determining that the plain language of Mass. Gen. Laws ch. 164, 94A provides the Department with the statutory authority to review and approve ratepayer-backed, long-term contracts entered into by electric distribution companies for additional natural gas pipeline capacity in the Commonwealth. Plaintiffs filed separate petitions asking that the order be set aside on the ground that it was based on an erroneous interpretation of law. The Supreme Judicial Court vacated the Department’s order, holding (1) the order of the Department is a properly promulgated rule or regulation; but (2) the order is invalid in light of the statutory language and purpose of section 94A, as amended by the 1997 Restructuring Act, because it would undermine the main objectives of the Act.