8. Market Power

LGS demonstrated that it does not currently have market power in the gas storage market, since it: (a) is a newcomer to the California gas storage market; (b) starts out with a customer base of zero; and (c) is not in a position to force any of the other utilities to exit the market. No other party contested this evidence. As in the Wild Goose proceeding, there is no evidence on this record that LGS possesses significant market power in the California gas storage market, and any concerns regarding anticompetitive behavior, including predatory pricing, can best be addressed by the Commission's complaint or investigatory process rather than requiring cost justification tariffs. Therefore, as we did in the Wild Goose Decision, we will permit LGS to charge market based rates within a rate zone. LGS should file tariffs with a rate window to allow for fluctuations in the market. As in the Wild Goose Decision, LGS need not file any cost justification with its tariffs. (See generally D.98-06-083, slip op. at pp. 3-6.)