northwest cent pipeline argued november decided march issues decision whether regulation adopted appellee state corporation commission kansas kcc federal natural gas act nga violates commerce clause constitution interrelated market contractual regulatory factors led interstate pipelines cut back purchases old federally regulated natural gas producers field kcc found cutbacks caused imbalance underproduced hugoton wells supplying interstate pipelines overproduced wells supplying intrastate market resulting drainage wells posed threat producers correlative property rights field common gas pool protect correlative rights kcc adopted regulation providing producers entitlements assigned quantities hugoton gas permanently canceled production long delayed kcc reasoned permanent cancellation production underages alternative timely production purchasers producers incentive run gas field thereby reduce existing underages deter future underages restore balance field dismissing challenge regulation appellant interstate pipeline contract hugoton gas kcc rejected contention regulation nga gives federal energy regulatory commission ferc exclusive jurisdiction transportation sale resale regulated gas interstate commerce including interstate pipelines purchasing policies pricing practices judicial review county agreed regulation kansas affirmed held congress exercised power supremacy clause art vi constitution kcc regulation therefore judgment kansas holding commission regulation affirmed pp regulation encroach upon field congress marked comprehensive exclusive federal control fact regulates field congress expressly left section nga carefully divides regulatory power natural gas industry conferring ferc exclusive jurisdiction interstate transportation sales expressly reserving power regulate inter alia production gathering since latter phrase nga legislative history clearly establish congress intent interfere traditional power regulate production therefore rates production time means conserving natural resources protecting producers correlative rights kcc regulation represents precisely sort scheme congress intended leave within state authority find field merely regulation might affect gas purchasers costs hence interstate rates largely nullify state authority little regulation production might least incremental effect purchasers costs market contractual situations northern natural gas state corporation kansas transcontinental pipe line state oil gas bd mississippi invalidated state regulations directed interstate purchasers distinguished pp regulation conflict federal scheme regulating interstate purchasers cost structures appellant asserted exists conflict direct impossible pipelines comply regulation federal regulation purchasing practices pricing moreover kansas threat cancel underages prevent attainment ferc regulatory goals regulation imposes direct purchasing requirements pipelines simply defines producers rights extract gas ferc make regulatory decisions kcc regulation mind regulation operates spur greater production hugoton gas kansas intends congruous current federal goals purpose regulation protect correlative rights producers means adopted plausibly related legitimate state goal kcc asserted purpose rendered suspect fact regulation might worsen correlative rights problems underages actually canceled since kcc assumption regulation likely increase production implausible light supporting evidence record pp regulation nga respectively require producers sell gas pipelines resale interstate commerce obtain certificate public convenience necessity ferc obligate certificated producers continue supplying old gas interstate market ferc authorizes abandonment plainly meritless appellant argument since producer available reserves factor ferc certification decision since cancellation underages regulation work abandonment noncompensable drainage dedicated reserves abandonment without ferc approval undercuts certification abandonment process ferc abandonment authority encompasses gas operators right state law produce regulation settled right kansas merit appellant argument effect regulation stands obstacle objective congress sought attain gave ferc authority certification abandonment assuring public reliable source gas goal entirely harmonious regulation aim assuring producers opportunity extract reserves underlying leases hugoton field exhausted pp kcc regulation violate commerce clause art constitution pp regulation amount per se unconstitutional economic protectionism since neutral face providing cancellation producers underages regardless whether supply intrastate interstate markets since effects interstate commerce incident kansas legitimate efforts nga regulate production prevent waste protect correlative rights moreover current federal policy encourage production gas regulation increase takes kansas expense producing costly gas disrupt interstate commerce improve efficiency although kansas may fail efforts encourage production underages regulation might result engender noncompensable drainage producers intrastate market indirect speculative effects interstate commerce insufficient render regulation unconstitutional pp regulation invalid balancing test set forth pike bruce church since applies evenhandedly regardless whether producer supplies intrastate interstate market exercise kansas traditional congressionally recognized power gas production moreover regulation intended effect increasing production clearly excessive relation kansas substantial interest controlling production prevent waste protect correlative rights possibility may result diversion gas intrastate purchasers impalpable override state weighty interest appellant claim regulation must invalidated kansas achieved aims without burdening interstate commerce simply establishing production quotas line appellant conception market demand levels rejected since appellant challenged kcc determination allowables identified nothing record adequately establish kcc might achieved goals effectively adopted different allowables formula pp brennan delivered opinion unanimous harold talisman argued cause appellant briefs bobby potts lewis posekany john cary jeffrey komarow michael small mark adams ii frank caro argued cause appellee brief shari feist michael lazerwitz argued cause federal energy regulatory commission amici curiae urging affirmance brief solicitor general fried deputy solicitor general merrill harriet shapiro catherine cook jerome feit john conway timm abendroth briefs amici curiae urging affirmance filed council state governments et al benna ruth solomon beate bloch robert shapiro interstate oil compact commission richard byrd timothy dowd railroad commission texas et al hal stratton attorney general new mexico robert stovall assistant attorney general nicholas spaeth attorney general north dakota lindil fowler gail watkins david robinson justice brennan delivered opinion appeal must decide whether regulation adopted state corporation commission kansas kcc govern timing production natural gas field violates either supremacy commerce clause constitution hold issue kcc regulation providing permanent cancellation producers entitlements quantities gas designed counterweight market contractual regulatory forces led interstate pipelines cut back purchases producers kcc regulation seeks encourage timely production gas quotas providing right extract assigned amounts gas permanently lost production long delayed appellant northwest central pipeline corporation interstate pipeline argues kcc regulation federal regulation interstate natural gas business exerts pressure pipelines increase purchases hugoton producers affects purchase mixes cost structures impinges exclusive federal control abandonment gas reserves dedicated interstate commerce northwest central also urges regulation violates commerce clause coerces pipelines give kansas producers larger share interstate gas market expense producers alternatively causes diversion gas interstate intrastate market kansas regulation hugoton field effort solve perplexing problems assigning protecting property rights common pool gas preventing waste limited natural resources gas migrates areas pool around wells areas around producing faster producing wells consequence phenomenon single producing well might exhaust entire gas pool though rights pool belong many different owners absent countervailing regulation agreement among owners fact gas migrates heavily produced areas creates incentive owner extract gas fast possible order prevent owners draining gas might otherwise produce encourage migration wells enable capture disproportionate share pool rush produce however may cause waste example gas may produced excess demand wells may drilled necessary efficient production pool field may depleted way impossible recover potentially available mineral resources particular oil recovered using reservoir energy often supplied associated natural gas reserves see generally mcdonald prorationing natural gas production economic analysis rev rule capture whereby gas owned whoever produced common pool left unchecked twin problems perceived inequities owners rights pool waste resulting strong economic disincentives conserve resources ibid response producing like kansas abandoned rule capture favor assigning equitable correlative rights among gas producers directly regulating production prevent waste kansas statute prohibits waste stat ann directs kcc regulate taking natural gas common sources supply within state order prevent inequitable unfair taking natural gas common source supply stat ann supp gives content concept equitable taking natural gas obliging kcc regulate producers may produce portion natural gas may currently produced without waste satisfy market demands permit developed lease ultimately produce approximately amount gas underlying developed lease currently produce proportionately developed leases common source supply without uncompensated cognizable drainage developed leases parts thereof ibid hugoton basic proration order also allows tolerances production well allowable account underproduction overproduction may caused variations demand producer gas well produces less allowable accrues underage produces allowable accrues overage kansas achievement goal well opportunity eventually produce approximately gas underlying developed lease depends upon drainage occurring time compensate accrued underage overage issue case constitutionality regulation kcc adopted encourage production hence compensating drainage vast underages found accrued result pipelines decisions use hugoton field storage taking gas current needs elsewhere prior amendment basic proration order hugoton field provided underages canceled reached six nine times monthly allowable depending upon adjusted deliverability well canceled underages readily reinstated effect available use time app regulatory scheme however hugoton field become greatly underproduced noncanceled underages totaling billion cubic feet canceled unreinstated underages totaling billion cubic feet september app juris statement also appeared field seriously imbalanced producers accrued substantial overages period app underproduction imbalance resulted combination interrelated market contractual regulatory factors gas substantially dedicated contract five interstate pipelines including appellant northwest central pipelines purchase gas kansas producers transportation resale outside state sixth major purchaser gas kansas power light company buys gas intrastate market interstate pipelines generally entered current contracts purchase gas time market little developed oligopsonic contracts usually provide relatively low prices contain provisions requiring purchaser pay minimum quantity gas irrespective whether takes current delivery since contracts made however gas market gone considerable changes see pierce state regulation natural gas federally deregulated market tragedy commons revisited cornell rev following period federal maintenance low wellhead price ceilings natural gas act nga stat amended et acute shortage natural gas prompted congress enact natural gas policy act ngpa stat et seq encourage production ngpa took wellhead sales new gas outside coverage nga provided instead wellhead pricing first high ceiling later ceiling see new gas ceilings gas ceilings elimination price controls many pipelines responded availability new higher priced deregulated gas committing contracts high prices required large part producer contractually dedicated gas reserves market dwindled early interstate pipelines reduced takes contracts producers old gas large part contracts included penalty result production parts field fell effect interstate purchasers began use hugoton field storage took gas immediate needs elsewhere practice facilitated paragraph hugoton basic proration order permitted stored gas produced less time time however producers dependent upon purchasers different contractual market situations suffered cutback takes indeed accumulated substantial overages see pierce cornell example wells produced mesa petroleum company delivering gas intrastate market kansas power light company overproduced billion cubic feet late northwest central pipeline kansas see app substantial hugoton underages field imbalance prompted kcc investigation conducting hearing kcc february issued order challenged case amending paragraph basic proration order provide permanent cancellation underages certain circumstances kcc determined imbalance overproduced underproduced hugoton wells causing drainage wells posed threat correlative rights producers kcc found permanent cancellation underages alternative timely production existing underages might reduced future underages deterred balance restored field app juris statement ron cook member kcc staff explained testimony hearing producers accrued substantial underages might never able produce without rule change hence might able benefit correlative rights proportionate share field reserves correlative rights currently violated uncompensated drainage occurring due unratable taking allowables offsetting leases future projection gas production hugoton field indicate trend accumulating underage cancelled underage continue number years definite possibility near end many wells productive li ves tremendous amount cancelled underage never reinstated due physical inability wells make underage result greater violation correlative rights present provisions paragraph basic order incentive reinstate cancelled underage timely manner order prevent large volumes underage cancelled permanently time well abandoned therefore intent staff propos ed amendment paragraph provide incentive producer purchaser run gas order prevent underage cancelled establish timely manner begin reinstating making previously cancelled underage app see also pierce cornell natural gas industry subject interlocking regulation federal state authorities nga continues govern federal regulation old gas gas already dedicated interstate commerce ngpa enacted otherwise excluded federal regulation including gas nga provides exclusive federal energy regulatory commission ferc jurisdiction transportation natural gas interstate commerce sale interstate commerce natural gas resale companies engaged transportation sale jurisdiction encompasses regulation market entry ferc authority issue certificates public convenience necessity authorizing pipelines transport sell gas interstate commerce nga market exit ferc control abandonment certificated interstate service nga ferc powers also extend enforcing wellhead price ceilings old gas set forth ngpa regulating terms sales regulated gas resale ensuring rates practices contracts affecting rates reasonable nga see ngpa pursuant powers ferc regulates mix purchases natural gas pipelines see northwest central pipeline ferc ferc finding various appellant purchasing practices prudent pipeline purchase mix affects costs prices sells gas see columbia gas transmission ferc average cost gas purchases passed pipeline customers comes within ferc exclusive authority nga regulate wholesale pricing natural gas flow interstate commerce wellhead delivery consumers maryland louisiana section nga also expressly carves regulatory role however providing retain jurisdiction intrastate transportation local distribution distribution facilities production gathering natural gas relying northern natural gas state corporation kansas proposition federal regulatory scheme state regulations may either direct indirect effect matters within federal control northwest central challenged new paragraph basic proration order grounds though directed producers impermissibly affects interstate pipelines purchasing mix hence price structures requires abandonment gas dedicated interstate commerce matters within ferc jurisdiction nga rehearing kcc dismissed challenge distinguishing northern natural rule issue directly regulated purchasers purpose amendment paragraph hand prevent waste protect correlative rights mineral interests owners promote orderly development field functions clearly reserved production exemption nga february order require pipelines purchasers anything refrain anything app juris statement petition judicial review district gray county kansas found change paragraph provide incentive purchasers take gas result cause change mix natural gas pipelines transport sale many miles away despite new order probable consequences pipeline purchasing practices price structures district held fell within production gathering exemption nga directed gas producers subject threatened cancellation allowables kansas affirmed ground northwest central pipeline kansas stated challenged order obviously intended purchasers nevertheless held order directly related producers allowables matter allowables must construed pertain production rules underages part production regulation thus violative nga even though purchasers indirectly caught backwash vacated kansas judgment northwest central pipeline corporation kansas remanded consideration light decision transcontinental pipe line state oil gas bd mississippi transco case declared vitality northern natural holding state regulations requiring purchasers take gas ratably producers federal regulatory power pipelines costs purchasing patterns see supra remand kansas reaffirmed prior decision distinguishing transco northern natural ground state regulation case governed actions purchasers rather producers held regulation producers aimed primarily production gas rather marketing paragraph amended noted probable jurisdiction affirm ii congress power supremacy clause article vi constitution state law determining whether exercised power requires examine congressional intent absence explicit statutory language signaling intent infer intent congress legislated comprehensively occupy entire field regulation leaving room supplement federal law rice santa fe elevator state law issue conflicts federal law either impossible comply florida lime avocado growers paul state law stands obstacle accomplishment execution congressional objectives hines davidowitz see schneidewind anr pipeline louisiana public service fcc pacific gas electric state energy resources conservation development paragraph hugoton basic proration order regulates field congress expressly left conflict federal regulatory scheme hence first consider appellant claim kansas paragraph regulates field occupied congress intrudes upon ferc continuing authority nga ngpa comprehensively regulate transportation prices old gas sold interstate commerce oversee interstate pipelines purchasing mixes enacted nga congress carefully divided regulatory power natural gas industry envisage federal regulation entire field limit constitutional power rather contemplated exercise federal power specified act fpc panhandle eastern pipe line indeed congress went far nga prescribe intended reach federal power also specif areas power extend section conferred federal authorities exclusive jurisdiction sale transportation natural gas interstate commerce resale northern natural time expressly reserving power regulate among things production gathering natural gas physical acts drawing gas earth preparing first stages distribution long recognized absent federal legislation regulation may govern production natural resources common pool order curb waste protect correlative rights owners prorating production among various wells operating field see champlin refining corporation oklahoma thompson consolidated gas utilities power allocate conserve scarce natural resources remained enactment nga result system dual state federal regulation established act northern natural supra terms production gathering sufficient reserve merely control drilling spacing wells like colorado interstate gas fpc also power regulate rates production time key element efforts prevent waste protect correlative rights event legislative history nga explored length decision panhandle eastern supra makes plain congress intent interfere power regard solicitor federal power commission fpc predecessor ferc assured congress earlier bill substantially similar nga attempt regulate gathering rates gas producers matter purely local concern hearings house committee interstate foreign commerce see panhandle eastern supra generally legislative history nga replete assurances act takes nothing state regulatory commissions retain state power present time cong rec see also panhandle eastern supra power included proration gas production aid conservation protection correlative rights considering whether kansas amending paragraph moved field congress marked comprehensive exclusive federal control naturally must remember express jurisdictional limitation ferc powers contained nga cf louisiana public service section fences ferc reach regulation rates gas production language certainly sweeping wording provision declaring ferc role ibid nga designed supplement state power produce harmonious comprehensive regulation industry neither state federal regulatory body encroach upon jurisdiction fpc panhandle eastern pipeline footnotes omitted avoid encroachment powers congress intended reserve must careful extravagant mode interpretation push powers granted transportation rates include production find congress occupies field kansas regulation operates engage extravagant interpretation scope federal power paragraph directed behavior gas producers regulates rates production means exercising traditional state control conservation natural resources protection correlative rights sure specifically provides producers accrued underages canceled used within certain period expected may result pipelines making purchasing decisions effect cost structures hence interstate rates paragraph operates one element proration scheme precisely sort congress intended leave within state authority fact amounts effort encourage producers extract allowables assigned proration scheme strange indeed hold congress intended allow take measures prorate production set allowables furtherance legitimate conservation goals order protect property rights enforcement might effect interstate rates intend able enforce measures encouraging actual production allowables analyzing whether kansas entered field must take seriously lines congress drew establishing dual regulatory system conclude paragraph regulation production gathering within kansas power nga paying due attention congress intent might continue regulate rates production aid conservation goals protection producers correlative rights may readily distinguish northern natural transco upon appellant mainly relies cases held state regulations requiring gas purchasers take gas ratably producers impinged comprehensive federal scheme regulating interstate transportation rates northern natural transco northern natural held orders invalidly invade federal agency exclusive domain precisely unmistakably unambiguously directed purchasers emphasis original interstate pipelines operate within field reserved nga federal regulation buying gas one state transporting resale another inevitably directly regulating pipelines way affect cost structures ibid likewise transco considered whether rule northern natural survived deregulation many interstate rates ngpa held federal authority transportation rates expressed determination rates unregulated settled market forces continued occupy field preempt state orders directed pipelines forcing upon certain purchasing patterns northern natural transco crossed dividing line carefully drawn congress nga retained ngpa trespassing federal territory imposing purchasing requirements interstate pipelines case contrary kansas regulated production rates order protect producers correlative rights matter firmly side dividing line find field kansas regulation merely purchasers costs hence rates might affected largely nullify part nga leaves control production little regulation production might least incremental effect costs purchasers market contractual situations congress drawn brighter line one considerably favorable retention traditional powers regulate rates production conserve resources protect correlative rights congress decision interstate natural gas industry subject dual regulatory scheme must also inform consideration appellant claim paragraph conflicts federal law regulating purchasers cost structures congress expressly divided regulatory authority federal government nga though production interstate transportation sale gas operate unitary enterprise fpc east ohio gas jackson dissenting inevitable jurisdictional tensions arise result fact state federally regulated elements coexist within single integrated system louisiana public service particularly since gas often produced contracts like binding many hugoton producers leave purchaser establish rate production decisions takes integrated gas supply system jurisdictional tensions frequently appear form state regulation producers production rates effect practices costs interstate pipelines subject federal regulation effect treated triggering conflict thoroughly undermine precisely division regulatory field congress went much trouble establish render congress specific grant power regulate production virtually meaningless thus analysis must applied sensitively area prevent diminution role congress reserved time preserving federal role state regulation production may conflicting ferc authority interstate transportation rates impossible comply state federal law state regulation prevents attainment ferc goals state regulation impact matters within federal control incident efforts achieve proper state purpose schneidewind anr pipeline kansas sought protect correlative rights balance hugoton field regulating producers way impact purchasing decisions hence costs interstate pipelines without result conflict persuaded either particular nature paragraph effect pipelines costs relationship attainment legitimate state goals creates conflict federal law requires preemption northwest central asserted exists conflict direct impossible pipelines comply paragraph federal regulation purchasing practices pricing argue however kansas threat cancel underages prevents attainment ferc regulatory goals paragraph imposes purchasing requirements pipelines simply defines producers rights produce gas field though kansas hopes redefinition production rights increase purchasers takes field though increased takes may affect pipelines costs regulation production rates potential impact pipeline purchasing decisions costs clear congress nga intended federal regulation take account state laws defining production rights automatically supersede supra thus federal government assures us continuing regulation rates oversight prudence appellant purchase mix ferc recognize kansas order part environment appellant conducts business make decisions mind brief et al amici curiae may circumstances impact state regulation production matters within federal control extensive disruptive interstate commerce gas federal accommodation must give way federal preemption one indeed appears paragraph operates spur greater production hugoton gas entirely congruous current federal goals congressionally designed interplay state federal regulation nga however permit attempt regulate pipelines purchasing decisions mere guise regulating production see schneidewind supra holding state law whose central purpose regulate matters congress intended ferc regulate nga require ferc regulate around state rule purpose influence purchasing decisions interstate pipelines however rule labeled rule creates conflict rather demands accommodation state law impacts matters within ferc control state purpose must regulate production subjects state jurisdiction means chosen must least plausibly related matters legitimate state concern case kcc avowed purpose adopting paragraph protect correlative rights kansas producers protection correlative rights matter traditionally often pursued regulation production production regulation chosen kcc threatening cancellation underages encourage pipelines increase takes field plausibly related stated legitimate goal protecting correlative rights kcc staff member cogently explained kcc believed threat permanently cancel allowables improve field balance increase likelihood producers eventually able extract gas underlying leases supra appellant nevertheless suggests kcc asserted purpose protect correlative rights underproduced operators suspect regulation worsen correlative rights problems fact underages cancelled brief appellant reply brief appellant true underages permanently canceled producers suffer cancellation may less rather opportunity produce gas underlying leases prior field exhaustion absent meliorative regulation also true evidence kcc suggesting pipelines might increase takes response possible cancellation underages correlative rights might thus harmed result new regulation see northwest central pipeline kansas kcc assumption paragraph likely increase production implausible however kansas specifically held although assumption controverted evidence record support conclude paragraph lacks proper state purpose weakly related purpose effect federally regulated purchasing practices pricing must northwest central argues paragraph federal regulation abandonment natural gas section nga requires producers sell natural gas pipelines resale interstate commerce must obtain certificate public convenience necessity ferc section act obligates certificated producers continue supplying gas interstate market ferc authorizes abandonment see gas pipe line mccombs california southland royalty although ngpa eliminated ferc authority control abandonment deregulated gas old hugoton gas remains ferc control appellant claims first producer available reserves factor ferc decision whether certificate interstate service abandonment gas without ferc approval undercuts ferc certification process second permanent cancellation underages paragraph lead drainage reserves dedicated interstate commerce wells operated currently overproduced operators supply intrastate market thus effectuating permanent abandonment gas reserves certificated interstate market insofar appellant argument cancellation underages pursuant paragraph work abandonment noncompensable drainage dedicated reserves kansas therefore regulates field congress fully occupied plainly meritless even assumed permanent cancellation underage fact occur paragraph kcc belief purchasers instead increase takes proves optimistic kcc regulation governs rights producers take gas hugoton field determining rates production matter squarely within state jurisdiction nga supra ferc abandonment authority necessarily encompasses gas operators right state law produce appellant premise reserves dedicated leases may abandoned without ferc approval thus fails support conclusion draws exactly producible reserves underlying lease given moment consist question state law settled kansas kcc assignment allowables regulation tolerances producing allowables merit appellant argument interpreted claim paragraph stands obstacle objective congress sought attain gave ferc authority certification abandonment assure public reliable supply gas gas pipe line mccombs supra unless clear damage federal goals result ferc exercise authority must accommodate state regulation production kansas seeking ensure producers fact opportunity produce reserves underlying leases hugoton field exhausted encouraging timely production producer gas dedicated interstate commerce effect kansas reasonably hopes achieve paragraph dedicated gas fact extracted enter interstate commerce goal entirely harmonious aim federal certification control abandonment iii northwest central also argues paragraph basic proration order violates commerce clause first claim kcc regulation amounts per se unconstitutional economic protectionism appellant contends whatever pipelines reactions regulation kansas interests benefit expense interstate pipelines producers threat cancel underages coerces interstate pipelines increasing takes producers purchasers take less gas producers hand interstate pipelines fail increase takes response paragraph underages permanently canceled interstate purchasers unable result obtain compensating drainage substantial overages producers kansas intrastate market accrued alternatively northwest central asserts even per se violation commerce clause paragraph must nevertheless struck upon application balancing test set forth pike bruce church neither argument persuades us applied virtually per se rule invalidity state laws amount simple economic protectionism philadelphia new jersey found protectionism state law directly regulates discriminates interstate commerce effect favor economic interests interests distillers new york state liquor authority see also minnesota clover leaf creamery face paragraph neutral providing cancellation underages producers irrespective whether supply intrastate interstate market respect entirely unlike statute struck pennsylvania west virginia required pipelines meet demand local consumers supplying interstate market paragraph unconstitutional per se must therefore effects effects appellant suggests paragraph might interstate commerce incident however kansas efforts regulate production prevent waste protect correlative rights powers saved nga prorating production setting allowables encouraging production see supra regulatory encouragement produce allowables timely manner may impact purchaser distribution takes among producing purchaser reacts light contractual market situations federal regulations congress contemplated state oversight production effect interstate commerce little point reservation power production rates inevitable repercussions exercise power arena interstate commerce meant state constitutionally enforce proration orders prepared render meaningless congress sweeping saving power production holding regulation intended protect correlative rights encouraging production allowables aimed producers requiring nothing purchasers per se violates dormant commerce clause purchasers take account deciding whence take gas may result increase takes producers cf prudential ins benjamin recognizing congress power specify state action affecting interstate commerce violate commerce clause moreover current federal policy encourage production gas paragraph increase takes kansas expense producing costly gas according ferc disrupt interstate commerce improve efficiency see supra thus appears whatever effect operation paragraph may interstate commerce one policy congress aid encourage federal agencies conformity nga ngpa parker brown parker rejected commerce clause challenge state regulation adopted powers reserved control agricultural production though regulation effect interstate commerce effect greater substantially different kind contemplated programs authorized federal statutes ibid held light congruity say effect state program interstate commerce one conflicts congressional policy preclude state exercise reserved power regulate domestic agricultural production ibid reach similar conclusion true kansas may fail efforts encourage production underages threatening cancellation noncompensable drainage producers intrastate market may occur consequence absent corrective regulation whether events take turn matter pure speculation cf distillers supra contingent upon whether interstate purchasers analyzing multitude market regulatory contractual factors decide economically beneficial disregard kansas incentive timely produce allowables kansas held kcc assumption paragraph likely lead increased takes interstate purchasers supported evidence record diversion gas intrastate markets might follow cancellation underages unwanted unexpected incidental effect kcc legitimate endeavor regulate production service correlative rights strike kcc production regulation per se unconstitutional basis indirect speculative effects interstate commerce accomplish effective dual regulation congress intended permit appellant prejudice substantial local interests compelled commerce clause constitution panhandle eastern pipe line michigan public service even per se unconstitutional state law may violate commerce clause fails pass muster balancing test outlined pike bruce church inc provided challenged law regulates evenhandedly effectuate legitimate local public interest however effects interstate commerce incidental upheld unless burden imposed commerce clearly excessive relation putative local benefits paragraph hugoton proration order applies evenhandedly without regard whether producer supplies intrastate interstate market see minnesota clover leaf creamery exercise kansas traditional congressionally recognized power gas production paragraph intended effect increasing production hugoton field even granting reduced takes result clearly excessive relation kansas substantial interest controlling production prevent waste protect correlative rights possibility paragraph may result diversion gas intrastate purchasers impalpable override state weighty interest likewise reject northwest central claim paragraph must invalidated pike supra kansas achieved aims without burdening interstate commerce simply establishing production allowables line northwest central conception market demand levels appellant challenged kcc determination allowables see supra identifies nothing record proceeding provide adequate basis determining kcc might achieved goals effectively adopted different formula setting allowables different approach calculating market demand paragraph kcc basic proration order hugoton field violates neither supremacy commerce clause constitution judgment kansas affirmed footnotes kansas explained process compensatory drainage case well underproduced relation allowable relative wells producing allowables pressure becomes higher condition permitted continue period time drainage occurs underproduced well higher pressure low pressure area overproduced wells pressure major component determining adjusted deliverability pressure differences result higher adjusted deliverability underproduced wells resulting increase current allowable larger allowable underage produced well pressure drops wells compensating drainage occurs pressure drop adjusted deliverability well decreased resulting decrease allowable technique utilized attempt keep wells balance long pull northwest central pipeline kansas vacated remanded remand prior amendment paragraph provided canceled underages reinstated upon verified application therefore showing wells overproduced status purchaser willing able take amounts gas length time proposed applicant production amounts gas reinstated reasonable circumstances app provisions essentially requir pipelines either accept currently certain percentage gas well capable producing pay contract price gas right take delivery later time usually limited duration provisions enable sellers avoid fluctuations cash flow therefore thought encourage investment well development transcontinental gas pipe line state oil gas bd mississippi transco order app juris statement aff rehearing order apr app juris statement kansas explained amendments paragraph dispute divide cancelled underage field three categories underage cancelled prior january underage cancelled january december underage cancelled december categories underage kcc established requirements met producers seeking underage reinstated cancelled underage producer required make application reinstatement december cancelled underage reinstatment must requested december underage cancelled december producer three years date cancellation apply reinstatement producer request reinstatement underage cancelled affected well must overproduced status underage reinstated reinstated produced end allotted time period cancelled permanently producer sixty months produce reinstated underage kcc also stated quantity underages simply made difficult administer field achieve statutorily defined goals future practically impossible ascertain balance field underages relate backward perpetuity sort benchmark necessary commission effectively balance takes field app juris statement kcc plainly stated intent adopting amendment paragraph protect producers correlative rights attempt explain precise relationship order rights opposed explanation offered staff member cook quoted text foundered upon misconstruction kansas law defining correlative rights kcc apparently believed amendment protect correlative rights producers producing current allowables participate given market given period time adjusted deliverability varies well pressure see supra heavily producing operator share field allowable falls well pressure falls relation wells app juris statement see also app wells produce allowables however pressure decrease uniformly field fluctuations producers shares field allowables hence ability participate market particular time occur kcc view desirable depended upon assumption correlative rights inhere current production rather production life field kansas expressly disapproved construction state law case held though kcc error undermine order order fact conform kcc new definition correlative rights current production indeed believed workable order since possible kcc force current equal production wells common source supply instead decided paragraph conformed statutory definition correlative rights producer right eventually recover gas underlying leases apparently reasons cook stated testimony see nga ferc engaged ratemaking control prices supplies transco though ngpa removed affirmative federal control wellhead price new gas nevertheless compromise comprehensive nature federal regulatory authority interstate gas transactions schneidewind anr pipeline held transco congress intent ngpa supply demand price deregulated gas determined market forces requires still may regulate purchasers affect cost structures legislative history ngpa also demonstrates congress viewed power prorate production survived enactment ngpa house energy committee chairman told congress ngpa contemplate ferc intrude traditional conservation functions performed matter reserved state agencies exercise historical powers continue regulate matters production rates cong rec appellant also find support position schneidewind schneidewind held nga michigan regulation securities issued interstate pipelines natural gas companies engaged interstate commerce regulation fell within exclusively federal domain however regulation issue case directed interstate gas companies also central purposes maintenance rates state considered reasonable level provision reliable service unlike kansas regulation michigan plausibly said operate field expressly reserved nga noted northern natural alternatives orders means checking waste disproportionate taking specifically mentioned proration similar orders directed producers nevertheless analysis applied even though congress assigned regulation production sphere kansas acted within assigned sphere declined louisiana public service fcc reach claim fcc regulation depreciation practices state depreciation rules obstacle accomplishment federal objectives faced far different situation case also involved dual regulatory scheme held seeking state depreciation practices fcc acted area congress explicitly denied jurisdiction moreover recognized louisiana public service possibility jurisdictional tensions foreseen congress established process designed resolve tensions circumstances fcc lacked jurisdiction act area claiming power state law event federal statute provided mechanism resolving jurisdictional conflicts analysis proper place present case however argued potential conflict even though agency acts within assigned sphere provision statute resolve jurisdictional tensions applying analysis assured state federal regulatory schemes may operate degree harmony appellant brief may conceivably interpreted claiming impossible comply paragraph federal requirements claim lacks merit reasons set infra also basic reason paragraph requires nothing pipelines state regulation imposes obligations pipelines obviously make impossible comply federal law appellant argues ferc approval purchasing practices field prudent northwest central pipeline ferc demonstrates kcc rule seeking prompt change practices conflicts federal goals argument faulty two reasons first determination prudent northwest central preserve hugoton gas favor filling immediate needs purchases contracts way implies imprudent pipeline purchase different mix gas second ferc decision presupposed continuing availability stored reserves explained text prudence purchasing mixes varies state regulatory environment ruling mix purchased one regulatory environment prudent obviously says little anything prudent quite different environment ferc acted encourage production gas changing rules abandonment dedicated reserves allow producers whose gas committed purchasers wish take sell gas elsewhere attempting give producers access pipeline systems means transporting gas willing buyers brief et al amici curiae see pierce state regulation natural gas federally deregulated market commons revisited cornell rev changes paragraph since litigation began tend confirm kcc seeking protect producers correlative rights explained supra kcc relaxed requirements reinstatement underages made easier producer sell gas section provides company shall abandon portion facilities subject jurisdiction commission service rendered means facilities without permission approval commission first obtained due hearing finding commission available supply natural gas depleted extent continuance service unwarranted present future public convenience necessity permit abandonment pursuant ngpa gas reserves dedicated interstate commerce november remain subject natural gas act gas pipe line mccombs supra suggests appellant premise false well conclusion gas dedicated subject ferc abandonment authority actually produced wellhead brief et al amici curiae appears text find need consider contention northwest central asserts part argument paragraph violates commerce clause kcc discriminated interstate purchasers setting allowables excess market demands appellant claims resulted large underages interstate producers operators supplying intrastate market able overproduce create drainage favor effect paragraph cement discrimination time preventing interstate operators producing underages obtaining compensating drainage note however kansas northwest central pipeline kansas northwest central case challenge level allowables set kcc calculation allowables issue