reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1149. Full authority given to own utilities and issue bonds; further proceedings unnecessary

RS 45:1149 - Full authority given to own utilities and issue bonds; further proceedings unnecessary
The provisions of this Part shall constitute full authority for the construction, acquisition, extension or improvement of public utilities and the authorization and issuance of bonds and for the accomplishment of all things authorized to be done, and no proceedings relating thereto or to the authorization or issuance of such bonds or the security therefor or the granting of such franchise shall be necessary except as required by these provisions.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1161. Definitions

RS 45:1161 - Definitions
As used in this Part "commission" means the Louisiana Public Service Commission.
As used in R.S. 45:1168 through 45:1175:
(1) "Public utility" means any person, public or private, subject to the general jurisdiction of the commission but not including carriers by rail, water, electric or motor vehicles or pipelines, or public utilities municipally owned, or operated, or regulated, unless the electors of such municipality, and electors residing outside the municipality, who are customers of the municipally owned utility, have manifested their approval of such jurisdiction as is required by Article IV, Section 21(C) of the Constitution of Louisiana in the manner provided by R.S. 45:1164.1 through 45:1164.13. However, "public utility" shall not include any person owning, leasing and/or operating an electric generation facility provided such person is not primarily engaged in the generation, transmission, distribution and/or sale of electricity, and provided that such person (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location of mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor; provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as defined in R.S. 45:121; or (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as defined in R.S. 45:121.
(2) "Security" means any note, stock, treasury stock, bond, debenture or other evidence of interest in or indebtedness of a public utility.
Amended by Acts 1970, No. 34, §4; Acts 1975, No. 328, §1; Acts 1982, No. 566, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1161.1. Creation; composition; age; residence; domicile; qualifications; election; terms

RS 45:1161.1 - Creation; composition; age; residence; domicile; qualifications; election; terms
A. There shall be a Public Service Commission, which shall consist of five members, who shall be qualified electors. The members shall be elected from single-member districts, established as provided by law.
B. An elector who at the time of qualification as a candidate has attained the age of eighteen years, resided in the state for the preceding two years, and been actually domiciled for the preceding year in the single-member district established by law from which he seeks election is eligible for election to the commission.
C. The members shall be elected at the congressional elections for overlapping terms of six years, and shall take office and begin their terms on the first day of January following election.
Added by Acts 1972, No. 14, §1; emerg. eff. June 12, 1972, at 2:30 P.M.; Acts 1972, No. 459, §1, emerg. eff. July 12, 1972 at 5:30 P.M.; Acts 1975, No. 4, §1, eff. June 13, 1975; Acts 1981, No. 122, §4; Acts 2001, 2nd Ex. Sess., No. 2, §1, eff. Jan. 1, 2003; Acts 2015, No. 345, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1161.2. Domicile; quorum; officers

RS 45:1161.2 - Domicile; quorum; officers
A. The commission shall be domiciled in Baton Rouge, but may meet, conduct investigations, and render orders elsewhere in the state.
B. Three commissioners shall constitute a quorum for the transaction of business at any regular or special meeting. All official action of the commission shall require the favorable vote of a majority of the elected membership.
C. At its first regular or special meeting of each calendar year the commission shall elect a chairman and a vice chairman from among its membership.
Added by Acts 1975, No. 4, §1, eff. June 13, 1975.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1161.3. District staffing

RS 45:1161.3 - District staffing
There shall be thirty-seven full-time employee positions available for district staffing, the allocation of which per district shall be as determined by the commission.
Added by Acts 1975, No. 4, §1, eff. June 13, 1975. Amended by Acts 1981, Ex.Sess., No. 19, §1, eff. July 1, 1982; Acts 1992, No. 23, §1, eff. May 22, 1992; Acts 1992, No. 871, §1, eff. July 1, 1993; Acts 2001, 2nd Ex. Sess., No. 2, §§5, 6, eff. Jan. 1, 2003.
NOTE: See Acts 2001, 2nd Ex. Sess., No. 2, §§2-4 and 7, relative to effectiveness of this provisions.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1161.5. Repealed by Acts 2022, 1st Ex. Sess., No. 2, §2, eff. Jan. 1, 2023.

RS 45:1161.5 - Repealed by Acts 2022, 1st Ex. Sess., No. 2, §2, eff. Jan. 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1162. Salaries of members

RS 45:1162 - Salaries of members
The salary of each of the members of the Louisiana Public Service Commission shall be forty-five thousand dollars per annum, payable monthly on the warrant of each commissioner.
Amended by Acts 1950, No. 60, §1; Acts 1952, No. 171, §1; Acts 1959, No. 117, §1; Acts 1965, No. 14, §1; Acts 1970, No. 417, §1; Acts 1979, No. 236, §6, eff. Sept. 1, 1979; Acts 1980, No. 376, §6, eff. Sept. 1, 1980; Acts 1981, No. 636, §9, eff. Sept. 1, 1981; Acts 1997, No. 466, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1163. Power to regulate rates and service; exceptions

RS 45:1163 - Power to regulate rates and service; exceptions
A.(1) The commission shall exercise all necessary power and authority over any street railway, gas, electric light, heat, power, waterworks, or other local public utility for the purpose of fixing and regulating the rates charged or to be charged by and service furnished by such public utilities.
(2) However, no aspect of direct sales of natural gas by natural gas producers, natural gas pipeline companies, natural gas distribution companies, or any other person engaging in the direct sale of natural gas to industrial users for fuel or for utilization in any manufacturing process, or to any person for use in vehicles capable of using compressed natural gas which when combusted results in comparably lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates or any combination thereof, shall be subject to such regulation by the commission.
(3) In addition, a schedule of rates of an electric cooperative shall not require approval of the commission if the schedule previously was approved by the board of directors of the electric cooperative and by the federal government or any agency thereof, nor shall the authority of the commission extend to the service rendered by electric cooperatives except to the extent provided in R.S. 45:123 and in orders of the commission promulgated to effectuate the purposes of R.S. 45:123.
B. The commission shall exercise all necessary power and authority over any electric cooperative, that, by a vote of its membership, has elected to be regulated by the commission, as provided in R.S. 12:426, for the purpose of fixing and regulating the rates charged or to be charged and services furnished by the cooperative.
C. To ensure that costs passed through to consumers are just and reasonable, the commission shall, no less frequently than every other year, audit the adjustment clause filings submitted by a public electric utility in this state, exercise its authorized review and determination of such filings, and exercise its control and rate-fixing authority to modify fuel adjustment charges of an electric utility as assessed by an electric utility to rate-paying consumers through operation of the utility's fuel adjustment clause.
Acts 1964, No. 446, §1; Acts 1978, No. 77, §1; Acts 1983, No. 636, §3, eff. Jan. 1, 1984; Acts 1990, No. 306, §1; Acts 1990, No. 531, §1; Acts 2016, No. 135, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1163.3. Economics and rate analysis division and hearing examiners division

RS 45:1163.3 - Economics and rate analysis division and hearing examiners division
A. In order to assist the commission in making an examination of the affairs of any person doing a public service or public utilities business in Louisiana concerning matters affecting services and rates charged Louisiana consumers by such public service or public utility business, or for representing the Public Service Commission in matters affecting services and rates charged by public utilities to Louisiana consumers or the judicial review thereof, there are hereby established an economics and rate analysis division and a hearing examiners division of the Public Service Commission. Said divisions shall consist of, but shall not be limited to, persons with training in auditing, economics, finance, engineering, and accounting, as well as attorneys licensed to practice in the state of Louisiana, all of whom shall be full-time employees of the commission, and such other support staff and clerical assistants as may be necessary to make such examinations and to carry out such responsibilities.
B. If the staff of the economics and rate analysis division is unable or insufficient to assist the commission in evaluating, reviewing, and representing the commission in matters affecting services and rates charged by public utilities to Louisiana consumers or the judicial review thereof, the commission is empowered to retain other attorneys, engineers, consultants, accountants, or support staff and clerical assistants to assist the economics and rate analysis division.
C. Prior to the beginning of the 1994 Regular Session and the 1995 Regular Session, the commission shall advise the president of the Senate and the speaker of the House of Representatives as to the effectiveness of the economics and rate analysis division and the hearing examiners division.
Acts 1985, No. 561, §2, eff. July 12, 1985; Acts 1992, No. 871, §1, eff. July 1, 1993.
{{NOTE: SEE ACTS 1985, NO. 561, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164. Extent of power as to service; exception

RS 45:1164 - Extent of power as to service; exception
A. The power, authority, and duties of the commission shall affect and include all matters and things connected with, concerning, and growing out of the service to be given or rendered by such public utility, except in the parish of Orleans.
B. The provisions of this Section and R.S. 45:1163 shall not apply to any public utility, the title to which is in the state or any of its political subdivisions or municipalities, unless the electors of such are customers of the public utility have manifested their approval of being under the jurisdiction of the public service commission as is required by Article IV, Section 21(C) of the Constitution of Louisiana in the manner provided by R.S. 45:1164.1 through R.S. 45:1164.13.
C. The provisions of this Section and of R.S. 45:1163, 1176, 1177, 1180, 1181, 1182, and 1183 shall not apply to any person owning, leasing, and/or operating an electric generation facility if such person is not primarily engaged in the generation, transmission, distribution, and/or sale of electricity, and if such person: (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location if mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor, provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as defined in R.S. 45:121; or (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as defined in R.S. 45:121.
Amended by Acts 1975, No. 328, §1; Acts 1982, No. 560, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.1. Definitions

RS 45:1164.1 - Definitions
As used in this Part the singular shall include the plural in those instances wherein a public utility is owned by more than one political subdivision and/or is located in or serves more than one parish.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.2. Petition for election

RS 45:1164.2 - Petition for election
Notwithstanding any other law to the contrary, upon the petition of not less than twenty-five percent of or seven thousand five hundred of the qualified electors residing within any municipality or other political subdivision, whichever is lesser, or upon the petition of not less than twenty-five percent of or ten thousand of the qualified electors residing within any municipality having a population of 400,000 or more, except in the Parish of Orleans, whichever is lesser, the governing authority shall order a referendum election to be held to determine whether or not any public utility owned by such political subdivision shall be under the jurisdiction and control of the commission. No referendum election called pursuant to this Section shall be held within two years of any other referendum election held pursuant to this Section.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.3. Form of petition for election

RS 45:1164.3 - Form of petition for election
Any qualified elector desiring a referendum election shall sign a petition addressed to the governing authority of the municipality or other political subdivision in which he resides, or of which he is a customer, and in substantially the following form:
PETITION
TO: [Name of governing authority and name of municipality or other political subdivision]
The undersigned qualified electors respectfully request that you call an election to submit, in the manner provided by law, to the qualified electors of [name of municipality or other political subdivision], . . . and other electors who are customers of the public utility, wherever they may reside, the following proposition:
Shall the Public Service Commission regulate [name of public utility] owned by [name of political subdivision]?
Signature Address Date
Where signatures are made on more than one sheet, each sheet of the petition shall reproduce above the signatures the same matter as is on the first sheet. Each petitioner shall sign his name in his own handwriting and shall write his address and the date on which he signed, otherwise his signature shall be null and void. If an elector cannot sign his name because of age or physical condition, he may have his name and address and the date written by another and shall affix his ordinary "X" mark in the presence of two competent electors, who shall sign their names as witnesses to the mark.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.4. Filing of petition with registrar of voters; publication

RS 45:1164.4 - Filing of petition with registrar of voters; publication
The petition shall be filed with the registrar of voters within ninety days after the date on which the first signature was affixed. The petition, when so filed, becomes a public record and cannot be returned to the proponents or signers thereof.
The registrar of voters shall have the petition, including the names and addresses of the petitioners and the dates of signing, published at the earliest possible time in the official journal of the municipality or other political subdivision, at the expense of the governing authority charged with the duty of calling the election. The formal portion of the petition need be reproduced only once in the publication.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.5. Verification of petition by registrar; filing with governing authority

RS 45:1164.5 - Verification of petition by registrar; filing with governing authority
The registrar of voters shall check the petition and attach thereto his sworn verification showing:
(1) The date the petition was filed;
(2) Copy of official journal showing publication of the petition;
(3) The date of the first signature of the petition;
(4) The number of qualified electors of the municipality or other political subdivision on the registration rolls as of the date of the filing of the petition, which date shall be used by him in ascertaining if the petition contains the required number of signatures;
(5) The total number of signatures of qualified electors on the petition which appear genuine; and
(6) The number of signatures which do not appear genuine or not signed and written in the manner required in R.S. 45:1164.3.
He shall file the petition, with his sworn verification, with the clerk of the governing authority charged with the duty of calling the election.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.6. Ordering of election after thirty days; removal of names within that time; date of election

RS 45:1164.6 - Ordering of election after thirty days; removal of names within that time; date of election
The clerk of the governing authority with whom the petition is filed by the registrar of voters shall attach to the petition its sworn verification showing the date, month, and year the petition was filed with it.
If the petition conforms to all the provisions of R.S. 45:1164.1-45:1164.6, the governing authority shall order the election. The ordinance or resolution of the governing authority ordering the election shall be adopted at a regular meeting held not less than thirty nor more than forty-five days after the date the petition was filed with the governing authority by the registrar of voters.
The governing authority shall remove the name of any signer of the petition if requested to do so in writing within thirty days after the date the petition was filed with it. If the number of written requests for withdrawal from the petition reduces the number of qualified petitioners to less than the number required by R.S. 45:1164.2 the election shall not be ordered and the petition shall be null and void and cannot be used again.
The date fixed for the election shall be not less than forty-five nor more than sixty days after the date of the adoption of the ordinance or resolution ordering the election.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.7. Ballot; majority determination of issues

RS 45:1164.7 - Ballot; majority determination of issues
When such election has been ordered the following proposition shall be plainly printed upon the ballot to be used for the election:
Shall the Public Service Commission regulate the _____ (public utility) owned by _____ (the political subdivision)?. . . Yes_____ No______
If the voter desires to vote yes on the proposition he shall make an X mark in the square opposite the word yes. To vote no he shall make an X mark in the square opposite the word no.
A majority vote cast on the proposition shall determine the issue for the municipality or political subdivision.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.8. Conduct of election; voting machines or ballot boxes

RS 45:1164.8 - Conduct of election; voting machines or ballot boxes
The election shall be by secret ballot and shall be conducted as nearly as possible in accordance with the general election laws of the state. Where not otherwise provided by this Chapter, or by any other law, the authority calling the election shall provide in the call for the manner in which the election shall be conducted and the result thereof promulgated.
Voting machines may be used. If machines are used, the proposition stipulated in R.S. 45:1164.7 to be printed on the ballot shall be shown on the ballot placed in the machine. Otherwise, ordinary ballot boxes shall be used and suitable ballots printed for use in the election.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.9. Violation of standards for petition or election; nullity of election

RS 45:1164.9 - Violation of standards for petition or election; nullity of election
If the provisions of R.S. 45:1164.1-45:1164.13 are not substantially complied with, the election shall be illegal and ineffective and enjoined or declared null and void by any court of competent jurisdiction at the suit of any elector who was qualified to vote in the election. Such a suit must be brought before thirty days after the promulgation of the results of the election.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.10. Recount of ballots or contest of elections

RS 45:1164.10 - Recount of ballots or contest of elections
Any elector who was qualified to vote in the election may demand a recount of the ballots or contest the election in the same manner and under the same conditions as is provided by law for the recount of ballots or contest of elections under the general elections laws of this state.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.11. Parish board of supervisors to supervise elections; fees of board

RS 45:1164.11 - Parish board of supervisors to supervise elections; fees of board
The elections provided for in this Chapter shall be supervised by the board of supervisors of elections for the parish or parishes in which the municipality or political subdivision calling the election is located. Each member of the board or boards, except the registrar of voters, shall receive twenty-five dollars from the governing authority calling the election for each election duly held under the law.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.12. Commissioners and clerks for elections

RS 45:1164.12 - Commissioners and clerks for elections
The board of supervisors of the parish or parishes wherein such political subdivision is located shall appoint three commissioners and one clerk to preside over the election at each polling precinct. Each commissioner and clerk shall be a qualified elector and resident of the precinct in which he serves. In making the appointments the board shall endeavor to give equal representation, as nearly as possible, to the proponents and opponents of the proposition to be voted upon.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1164.13. Promulgation of elections results

RS 45:1164.13 - Promulgation of elections results
The governing authority of the political subdivision calling the election shall promulgate the result by resolution or ordinance adopted at its first regular meeting after the election and shall publish it in the official journal of such political subdivision.
Added by Acts 1975, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1165. Railroads; powers of commission

RS 45:1165 - Railroads; powers of commission
The commission shall require and compel railroad companies and corporations, operating and doing business in Louisiana, to establish stations for passengers and freight, wherever reasonably necessary and convenient; to construct and maintain suitable and safe cattle guards, wherever reasonably required. The commission shall require any person, operating a railroad in Louisiana, upon the application of any shipper tendering traffic for transportation, or any lateral, or branch line of railroad, or any intersecting railroad, or other interested party, to construct, maintain and operate, upon reasonable terms, a switch connection with any such lateral, branch line of railroad, intersecting railroad, or any private switch track or spur track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of same. The commission shall also require any person operating a railroad in Louisiana, when such connections are made, to furnish cars for the movement of the traffic to the best of their ability and without discrimination, in accordance with the rules and regulations adopted and prescribed by the commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1166.2. Cramming

RS 45:1166.2 - Cramming
A. For purposes of this Part, the term "cramming" shall be defined as the inclusion of any charges on a subscriber's telephone bill that the subscriber did not authorize.
B. The Louisiana Public Service Commission shall adopt rules and regulations including but not limited to the adoption of fines and sanctions prohibiting any telecommunications service provider or any person acting on behalf of any telecommunications service provider from engaging in the billing and collecting of cramming.
Acts 1999, No. 410, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1166.3. Collect calls from penal institutions

RS 45:1166.3 - Collect calls from penal institutions
No long-distance service provider shall charge a customer a rate for operator-assisted collect calls made from penal institutions in this state in excess of the rate charged for operator-assisted collect calls made from the municipality in which the penal institution is located or the nearest municipality to the penal institution or the parish seat of the parish in which the penal institution is located, whichever is closer. In no case shall the rate for an operator-assisted collect call made from a penal institution in this state exceed the rate caps established by the Louisiana Public Service Commission for such calls.
Acts 1999, No. 531, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1168. Security issues and assumptions of liability; commission's authorization necessary

RS 45:1168 - Security issues and assumptions of liability; commission's authorization necessary
No public utility shall issue any security, or assume any obligation or liability as guarantor, endorser, surety, or otherwise in respect of any security of any other public utility, as defined in this Part or of any other person until it has been authorized to do so by order of the commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1169. Security issues; application to commission; preference on docket

RS 45:1169 - Security issues; application to commission; preference on docket
Application for authority to issue or assume securities shall be made in such form as the commission prescribes. Every application shall be made under oath and shall be signed and filed on behalf of the public utility by its president or by a vice-president, treasurer or other executive officer having knowledge of the matters set forth. Every application shall be placed at the head of the docket of the commission and disposed of promptly within 120 days after it is filed with the commission, unless it is necessary for good cause to continue the application for a longer time in which event the order making the continuance shall state fully the facts that make it necessary.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1170. Security issues; supplemental orders of commission

RS 45:1170 - Security issues; supplemental orders of commission
The commission may grant any application under R.S. 45:1169 in whole or in part, and with such modifications and upon such terms and conditions as and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it finds necessary or appropriate, and may by any supplemental order modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which any security has been authorized or the proceeds applied.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1171. Security issues; issue or assumption for necessary purpose

RS 45:1171 - Security issues; issue or assumption for necessary purpose
The commission shall not approve any issue or assumption unless, after investigation of the purposes and uses of the proposed issue and the proceeds thereof, or of the proposed assumption of obligation or liability, the commission finds that the issue or assumption is for some lawful object within the corporate purposes of the public utility, and it is necessary or appropriate for or consistent with the performance by the public utility of its service to the public and will not impair its ability to perform that service.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1172. Security issues; commission's order to be followed

RS 45:1172 - Security issues; commission's order to be followed
No public utility shall, without the consent of the commission, apply any security or any proceeds thereof to any purpose not specified in the commission's order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in the order, or supplemental order, or to any purpose in contravention of the order.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1173. Security issues; evidence of compliance

RS 45:1173 - Security issues; evidence of compliance
A copy of any order made and entered by the commission under R.S. 45:1168 through 45:1175, duly certified by the secretary of the commission, shall be sufficient evidence for all purposes of full and complete compliance by the public utility with all procedural and other matters required precedent to the entry of the order.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1174. Security issues; no guarantee on part of state

RS 45:1174 - Security issues; no guarantee on part of state
Nothing in R.S. 45:1168 through 45:1175 shall imply any guarantee or obligation on the part of the state in respect of any securities to which the provisions of these Sections relate.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1175. Security issues; exceptions

RS 45:1175 - Security issues; exceptions
Nothing in R.S. 45:1168 through 45:1174 shall apply to:
(1) The issue or renewal of, or assumption of liability on, a note or draft maturing not more than one year after the date of the issue, renewal or assumption, and such securities may be issued or liability assumed without application to or order of the commission, but no security so issued shall, in whole or in part, be refunded by any security maturing more than one year after the date of the issue, renewal or assumption except on application to and approval of the commission;
(2) A public utility the security issues of which are subject to the jurisdiction of the Federal Power Commission under the Federal Power Act1 or to the jurisdiction of the Securities and Exchange Commission under the Public Utility Holding Company Act of 1935;2 or a public utility the security issues of which are subject to approval, control, regulation or supervision by the federal government or any agency thereof under any other federal statute; or any public utility whose business is subject to regulation by the Federal Communications Commission; or any public utility conducting or carrying on its business or operations in two or more states.
(3) The issue or renewal of, or assumption of liability on, a note, debenture or other evidence of indebtedness payable to United States of America on account of a loan or loans made by United States of America to an electric public utility, as defined in R.S. 45:121, as amended by Acts 1970.
However, paragraph (2) of this section shall not exempt any public utility the security issues of which would be subject to regulation by the federal government or any agency thereof only if such security issues were not regulated by the commission.
Amended by Acts 1970, No. 34, §5.
116 U.S.C.A. §791a et seq.
215 U.S.C.A. §79 et seq.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1176. Investigations as to reasonableness of rates; operating expenses

RS 45:1176 - Investigations as to reasonableness of rates; operating expenses
The commission and any parochial or municipal body having similar powers in the fixing of just and reasonable rates charged or to be charged by public utilities, shall investigate the reasonableness and justness of all contracts, agreements and charges entered into or paid by such public utilities with or to other persons, whether affiliated with such public utilities or not, and shall have the power to disallow as an operating expense of any public utility such part of the amount so paid by it under any such contract or agreement as the commission or parochial or municipal body may find, after hearing, to be unjust or unreasonable and designed for the purpose of concealing, abstracting or dissipating the net earnings of the public utility.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1179. Inspection and supervision fee; collection; computation

RS 45:1179 - Inspection and supervision fee; collection; computation
The collector of revenue shall supervise and enforce the collection of the inspection and supervision fee under the provisions of R.S. 45:1177 and 45:1178 and in assessing the annual fee, the sworn annual statements filed with the commission shall be used to ascertain the amount of the gross revenues upon which the fee is to be computed.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1180. Expenses incurred to assist in investigations to be paid by carrier or utility

RS 45:1180 - Expenses incurred to assist in investigations to be paid by carrier or utility
A. Whenever the commission makes an examination of the affairs of any person doing a public service or public utilities business in Louisiana concerning matters affecting services or rates charged by such public service or public utilities businesses to Louisiana consumers, all expenses incurred by the commission for services necessary to assist the commission in conducting such examination, including the expenses and fees of engineers, consultants, accountants, or such other support staff and clerical assistants specially employed to make the examination, shall, at the discretion of the commission, be paid by the person so examined.
B. Attorneys or special counsel may be retained by the commission to assist the commission for the purpose of evaluating and reviewing matters affecting services and rates charged by public utilities to Louisiana consumers and for representing the Public Service Commission in such cases or the judicial review thereof.
C.(1)(a) On or before October 31, 1993, the commission, pursuant to Article IV, Section 21 of the Louisiana Constitution of 1974, shall adopt uniform rules and procedures to be utilized in the selection of such contract employees. Such procedures shall at the minimum set forth the conditions under which a request for proposals shall or shall not be utilized, the reasons therefor, the procedure to be utilized to request proposals, and what criteria and qualifications shall be required for the selection of such outside contract employees; shall specify uniform guidelines for billing for such services; and shall provide ready public access to the records of the commission showing the amounts and nature of charges paid to such contract employees.
(b) The commission shall draw up detailed specifications for needed legal or consulting services and shall issue requests for proposals to persons who meet such specifications.
(2) All such contracts shall be a matter of public record, and action on them shall only be undertaken at a duly announced meeting of the commission at which a quorum is present.
(3) A copy of the rules and procedures adopted pursuant to this Section shall be transmitted forthwith upon adoption or subsequent amendment to the president of the Senate, the speaker of the House of Representatives, and the chairmen of the House Commerce Committee and the Senate Commerce, Consumer Protection, and International Affairs Committee.
Amended by Acts 1954, No. 376, §1; Acts 1976, No. 468, §1; Acts 1985, No. 561, §1, eff. July 12, 1985; Acts 1992, No. 871, §1, eff. July 1, 1993; Acts 2003, No. 183, §5; Acts 2007, No. 234, §1.
{{NOTE: SEE ACTS 1985, NO. 561, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1181. Expenses of investigation by attorneys and consultants employed to assist the commission; items; amount; certification; payment; contest

RS 45:1181 - Expenses of investigation by attorneys and consultants employed to assist the commission; items; amount; certification; payment; contest
A. The commission shall employ only such engineers, consultants, attorneys or special counsel, accountants, or clerical assistants as are actually necessary to assist the commission in conducting the examination. The compensation for such services shall be fixed according to the time actually devoted to the work of conducting the examination and making reports thereon, whether as witnesses before the commission in open hearing, or by written report, under oath, as required by law, or as participants in any judicial review of the examination or reports. The compensation shall always be reasonable and commensurate with the value of the services performed.
B. Upon the completion of the examination, or while the same is in process, the commission shall certify to the person being examined, the amount of expenses incurred as provided in R.S. 45:1180 through 1183. Upon certification, the person examined shall pay the amount certified to the one thus employed. If the person being examined deems the amount of expenses so certified to be unreasonable or contrary to the provisions of R.S. 45:1180 through 1183, it may, within fifteen days after the receipt of the certificate, take a rule against the commission, to test the reasonableness and legality of the amount of expenses certified to by the commission. This rule shall be tried by preference, and upon appeal shall be given preference in the appellate court, as provided by law for other state cases.
Amended by Acts 1976, No. 468, §2; Acts 1985, No. 561, §1, eff. July 12, 1985; Acts 2007, No. 234, §1.
{{NOTE: SEE ACTS 1985, NO. 561, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1182. Expenses of investigation; failure to pay; revocation of certificate of authority to do business

RS 45:1182 - Expenses of investigation; failure to pay; revocation of certificate of authority to do business
If any person fails or refuses to pay the amount of expenses of examination certified to by the commission, after fifteen days from the receipt of such certificate, or after final judgment where a rule has been taken as provided in R.S. 45:1181, the commission may revoke the certificate of authority of the person to do business until the full amount is paid.
Amended by Acts 1952, No. 127, §17.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1183. Expenses of investigation; utilities affected

RS 45:1183 - Expenses of investigation; utilities affected
The provisions of R.S. 45:1180 through 45:1182 shall apply to all persons doing business as a public service or public utility in Louisiana, or applying for admission to do business, whose rates or services are, in whole or in part, subject to the regulations of the commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1184. Witnesses before commission; summons

RS 45:1184 - Witnesses before commission; summons
In all cases where witnesses are required to attend the sessions of the commission they shall be notified by a summons issued and signed by the secretary of the commission, and bearing the seal of same, and mailed to them, or which shall be served upon them when deemed necessary, by the sheriff of the parish where they reside or where they may be found, the same as in cases of service of a notice to a witness in a civil proceeding.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1185. Process of commission; form; execution

RS 45:1185 - Process of commission; form; execution
Attachments for witness and all other process or orders issued by the commission shall be issued and signed by the secretary of the commission, and shall bear the seal of commission, and shall be executed and enforced by the sheriffs of Louisiana in the same manner as in civil proceedings before the courts of this state.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1186. Contempt of commission

RS 45:1186 - Contempt of commission
The commission may fine and imprison in the parish where the commission may be in session at the time, any witness or other person adjudged to be in contempt of the authority of the commission, the same as in cases of contempt before the district courts of Louisiana.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1187. Process of commission; sheriff's refusal to serve or execute

RS 45:1187 - Process of commission; sheriff's refusal to serve or execute
In all cases where any sheriff whose duty it is to serve or execute any notice, order, or process of any kind, issued by the commission, fails, neglects, or refuses to serve or execute the same, the commission may select another sheriff to serve and execute its notices, orders, and process.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1188. Process of commission; sheriff's liability for refusal to serve or execute

RS 45:1188 - Process of commission; sheriff's liability for refusal to serve or execute
Any sheriff who fails or refuses to execute the notices, orders, or process of the commission, shall be subject to the same penalties, for such failure or refusal as are prescribed in the service and execution of similar process in civil cases.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1189. Process of commission; sheriff's compensation

RS 45:1189 - Process of commission; sheriff's compensation
Sheriffs throughout Louisiana shall receive for their services the same compensation as in the service or execution of notices, orders, or process of a similar nature in civil cases, to be paid out of the amount appropriated for the expenses of the commission.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1190. Appearance before Interstate Commerce Commission

RS 45:1190 - Appearance before Interstate Commerce Commission
The commission through any of its commissioners, or its secretary, or by a duly authorized attorney, shall appear before the Interstate Commerce Commission at Washington, D.C., or at any other place where the Interstate Commerce Commission might be holding a session, whenever, in the judgment of the Louisiana Public Service Commission the interests of shippers or consignees in Louisiana may require it.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1191. Commission's orders; effective date

RS 45:1191 - Commission's orders; effective date
All orders of the commission, made and entered upon its records, respecting rates, charges, rules, regulations and classification, affecting any railroad, express, telephone, telegraph, steamboat, or other water craft, or sleeping car company, or other person, under its jurisdiction or control, or requiring the performance of any act by any such person, shall be operative and in full force and effect from the time fixed for them to become effective by the commission unless such orders are thereafter changed, altered, modified, or set aside by a court.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1192. Commission's orders; judicial review; limitation; proceedings

RS 45:1192 - Commission's orders; judicial review; limitation; proceedings
If any of the persons, mentioned in R.S. 45:1191, or other party in interest, shall be dissatisfied with any order entered by the commission, adopting, fixing, changing, altering, or modifying, any rate, classification, rule, charge, or general regulation, and no application for rehearing is filed, the dissatisfied person may, within forty-five days after the order made by the commission becomes effective, file in a court at the domicile of the commission, a petition setting forth the particular cause of objection to the order or regulation of the commission complained of. When a timely application for a rehearing has been made at the commission, the time for appeal does not commence until the date of the commission order disposing of the rehearing application. All such cases shall be tried in the same manner as civil cases and shall be given precedence over all other civil cases in the court, and shall be heard and determined as speedily as possible. The court may affirm the order of the commission complained of, or it may change, modify, alter, or set it aside, as justice may require.
Acts 1989, No. 342, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1193. Contest of acts of commission; filing of transcript

RS 45:1193 - Contest of acts of commission; filing of transcript
Whenever any suit is filed to contest any decision, act, rule, rate, charge, classification, or order, of the commission, the secretary of the commission shall, within fifteen days after the petition is served upon the commission, cause a certified transcript of all proceedings had and testimony taken upon the investigation made by the commission, to be filed with the clerk of the court in which the suit is pending.