View Recent Blog Posts in Utilities Regulation
- 19th JDC Reverses Louisiana Pilotage Fee Commission Rate Increases Judge Donald Johnson, of the Louisiana 19th Judicial District Court ("JDC"), granted an appeal of a final order of the Louisiana Pilotage Fee Commission ("PFC") in Docket No. P20-001, that approved numerous rate increases for the Crescent River Port Pilots' Association ("CRPPA"). The appeal was jointly filed by the Louisiana Chemical Association ("LCA") and Louisiana... Continue Reading...
- Louisiana Public Service Commission – Electric Utility Regulation – Recent and Current Topics The following is prepared by the Kean Miller LLP Utilities Regulation team on important topics affecting consumers of electrical power in Louisiana related to recent and current proceedings of the Louisiana Public Service Commission ("LPSC"). LPSC Rulemaking on Customer-Centered Options: The LPSC has a proceeding underway to research and evaluate customer-centered options. In the proceeding,... Continue Reading...
- Louisiana Public Service Commission – Electric Utility Regulation – Recent and Current Topics The following is prepared by the Kean Miller LLP Utilities Regulation team on important topics affecting consumers of electrical power in Louisiana. LPSC Rulemaking on Demand Response: In February 2019, the LPSC opened a rulemaking to determine the need for and develop rate schedules and programs offering demand response products and allow for participation of... Continue Reading...
- Transportation of Waste in Louisiana: Louisiana Public Service Commission Adopts New Rules for Motor Carriers of Waste The Louisiana Public Service Commission ("LPSC") voted at its meeting on September 20, 2017, to reconsider and approve adoption of proposed rules that provide guidelines for certification of motor carriers of waste and create a rebuttal presumption that granting a certificate is in the public interest if the applicant has met the application requirements. Under... Continue Reading...
- Transportation of Waste in Louisiana: Conflict between Louisiana Public Service Commission Rules and New Legislation The Louisiana Public Service Commission ("LPSC") and the State Legislature are conflicted over regulation of motor carriers of waste in Louisiana. While the Louisiana Constitution grants the LPSC the authority to regulate common carriers, and the LPSC oversees the certification and permitting of such carriers, in the 2017 Regular Session the Legislature enacted Senate Bill... Continue Reading...
- Court Rules Clean Power Plan Implementation Can Continue President Obama's centerpiece of his climate policy agenda, the "Clean Power Plan," has become one of the most heavily litigated environmental regulations ever. Twenty-seven states and numerous industry groups have filed more than fifteen separate lawsuits challenging the Environmental Protection Agency's ("EPA") statutory authority to promulgate the regulations. Seventeen states, the District of Columbia, the... Continue Reading...
- IRS Releases Private Letter Ruling Addressing Mixed-use Output Facility and Tax-exempt Bonds The Internal Revenue Service (the "Service") released a Private Letter Ruling ("PLR") earlier this year addressing private business use of a mixed-use output facility and whether tax-exempt bonds could be used to finance improvements to the facility. The Issuer, which is a political subdivision of a state, owns electric generation, transmission and distribution facilities that... Continue Reading...
- Louisiana Supreme Court Approves Lafayette's Fiber-to-the-Home Bond Ordinance The Louisiana Supreme Court issued a unanimous decision clearing the way for the City of Lafayette to issue bonds to finance its Fiber-to-the-Home (FTTP) Project. As described by the Court, FTTH technology delivers telecommunications services via fiber optic cables to every home and business in the covered area. In contrast, a more traditional system delivers services to... Continue Reading...
- D.C. Court of Appeals Vacates FERC Standards of Conduct for Interstate Natural Gas Pipelines On November 17, 2006, the United States Court of Appeals for the District of Columbia Circuit vacated the Federal Energy Regulatory Commission's Standards of Conduct as applied to interstate natural gas pipelines. These Standards of Conduct, which are set forth in Order No. 2004 and codified at 18 CFR Part 358, govern the relationship between an... Continue Reading...
- State Supreme Court Upholds Universal Service Fee The Louisiana Supreme Court has affirmed an order of the Louisiana Public Service Commission establishing a state universal service fee for telecommunications service providers operating in the state. T-Mobile, a wireless provider operating in Louisiana, appealed the LPSC's order, arguing that the USF fee constituted a tax and, thus, the LPSC lacked jurisdictional authority to mandate... Continue Reading...