reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1194. Contest of acts of commission; evidence not offered before commission; remand to the commission

RS 45:1194 - Contest of acts of commission; evidence not offered before commission; remand to the commission
Upon the trial of any suit brought to contest any decision, act, rule, rate, charge, classification, or order of the commission, no party shall be allowed to introduce evidence different from that which was offered in the proceeding before the commission, unless the reviewing court determines that the additional evidence is important to the cause and could not have been obtained with due diligence by the party before or during the proceeding before the commission. If the reviewing court determines that a party should be permitted to introduce additional evidence, the court shall remand the proceeding to the commission for the commission to consider the additional evidence. Upon remand, the commission may amend, rescind, or reinstate the action complained of in the suit.
Acts 2001, No. 498, §1, eff. June 21, 2001.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1195. Contest of acts of commission; effect of rescission or alteration of order

RS 45:1195 - Contest of acts of commission; effect of rescission or alteration of order
If the commission rescinds the order complained of, the suit shall be dismissed; if it alters, amends or modifies the order, the altered, modified, or amended order shall take the place of the original order complained of and judgment shall be rendered thereon, as though made by the commission in the first instance. If the original order is not rescinded or changed by the commission, judgment shall be rendered by the court upon the original order.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1196. Violation of commission's order; petition; notice; investigation

RS 45:1196 - Violation of commission's order; petition; notice; investigation
Any person or body, politic or municipal, complaining of anything done or omitted to be done by any railroad, steamboat or other watercraft, sleeping car, express, telephone or telegraph company, or other person subject to regulation and control by the commission, in contravention of any order, rule, regulation, rate, or classification adopted or approved by the commission may apply to the commission by petition, briefly stating the facts. A statement of the complaint shall be forwarded by the commission to the common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing within a reasonable time, to be specified by the commission. If such persons subject to the control of the commission shall make reparation for the injury alleged to have been done, the common carrier shall be relieved of liability to the complainant only for the particular violation complained of. If the complaint is not satisfied within the time specified, or there shall appear to be any reasonable ground for investigation of complaint, it shall be the duty of the commission to investigate the matters complained of as it deems proper.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1197. Violation of commission's order; award of damages

RS 45:1197 - Violation of commission's order; award of damages
If after a hearing on the complaint provided for in R.S. 45:1196 the commission determines that any party complainant is entitled to an award of damages for violation of any of the orders, rules, regulations, rates, or classifications adopted or approved by it, the commission shall make an order directing the persons mentioned in R.S. 45:1196 as subject to the control of the commission, to pay to the complainant the sum to which he is entitled on or before a named day.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1198. Violation of commission's order; suits for damages

RS 45:1198 - Violation of commission's order; suits for damages
If the persons mentioned in R.S. 45:1196 as subject to the control of the commission, do not comply with an order of the commission for the payment of money within the limit fixed in the order, the complainant, or any person for whose benefit the order was made, may file in a court, in the judicial district in which he resides, or in which is located the principal operating office of the carrier, or through which the road or line of the carrier runs, a petition setting forth briefly the causes for which he claims damages, and the order of the commission in the premises. The suit shall proceed in all respects as other civil suits for damages, except that on the trial the finding and order of the commission shall be prima facie evidence of the facts therein stated. If the petitioner prevails finally he shall be allowed a reasonable attorney's fee, to be taxed and collected as part of the costs of the suit. All complaints for the recovery of damages shall be filed with the commission within one year from the time the cause of action accrues, and a petition for the enforcement of an order for the payment of money shall be filed in the court within one year from the date of the order.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1198.1. Suits for enforcement of commission orders; venue; judicial recognition of commission orders; attorney fees; costs; interest

RS 45:1198.1 - Suits for enforcement of commission orders; venue; judicial recognition of commission orders; attorney fees; costs; interest
A. Whenever the commission seeks the judicial enforcement of an order entered by it, the suit shall be brought in the parish of the domicile of the carrier or utility not in compliance with the order.
B. If a suit is brought to enforce a commission order imposing a fine, monetary penalty, or other sanction by the commission, after the delay for appeal of said action or order has expired, or the commission's order is finally affirmed on appeal, upon verified petition by the commission, said order or action shall be made executory and enforceable against any party affected thereby. The petition for recognition of the commission order or action shall include:
(1) A certified copy of the order or action sought to be enforced, and
(2) An affidavit signed by the secretary of the commission or his designate attesting to the fact of noncompliance by any party affected by the order or action.
C. Whenever an action described under this Section is instituted, the commission shall be entitled to reasonable attorney fees and costs, to be assessed against the party not in compliance with the order or action.
D. Whenever an action described under this Section is instituted, the commission shall be entitled to legal interest from the effective date of the order or action being enforced until paid.
E. Any judgment obtained by the commission pursuant to this Section may be made executory in any other jurisdiction as provided by law.
Acts 1989, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1199. Violation of commission's order; joinder of parties

RS 45:1199 - Violation of commission's order; joinder of parties
In suits under R.S. 45:1198 all parties in whose favor the commission may have made an award for damages by a single order, may be joined as plaintiffs, and all of the carriers parties to such order awarding damages may be joined as defendants, and the suit may be maintained by the joint plaintiffs and against the joint defendants in any district where any one of the joint plaintiffs could maintain the suit against any one of the joint defendants, and service of process against any of the defendants may be had in the district where such defendant carrier has its principal operating office. In case of such joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs against the defendant found to be liable to that plaintiff.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1200. Violation of commission's order; penalty

RS 45:1200 - Violation of commission's order; penalty
No agent, operator, or other employee of a railroad company, steamboat or other water craft, express company, telegraph company, telephone company, or sleeping car company, or other person operating railroads, express lines, steamboats or other water craft, telephone or telegraph lines, or sleeping cars shall neglect or refuse to comply with the provisions and requirements of any order, rule, or regulation, relative to the posting of bulletin boards, exhibiting tariffs to the public, furnishing drinking water in stations, keeping fires in waiting rooms in inclement weather, or performing any other duty regarding the care and policing of freight and passenger depots, adopted or established by the commission.
Whoever violates this Section shall be fined not more than fifty dollars for each offense, or fined and imprisoned for not more than thirty days. In default of payment of the fine, he shall be imprisoned for not more than thirty days.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1201. Violation of commission's order; law to be posted

RS 45:1201 - Violation of commission's order; law to be posted
All railroad companies, steamboats or other water craft, express companies, telegraph companies, or telephone companies, sleeping car companies, and others operating railroads, steamboats, express lines, telegraph and telephone lines, and sleeping cars in Louisiana, shall keep a copy of R.S. 45:1200 and 45:1202 posted in a conspicuous place in each of its depots, offices, public stations, or exchanges.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1202. Violation of commission's order; exception

RS 45:1202 - Violation of commission's order; exception
The provisions of R.S. 45:1200 and 45:1201 shall not in any manner prevent the commission from proceeding against the railroad company, telephone company, sleeping car company or other person operating railroad, express lines, steamboats or other water craft, telephone or telegraph lines, or sleeping cars for such offense as now provided by law.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1203. Sewerage disposal companies; regulation

RS 45:1203 - Sewerage disposal companies; regulation
The public service commission shall have and exercise all necessary power and authority to supervise, govern, regulate and control all privately owned and operated sewerage disposal companies and works not under the supervision and control of any city, town or parish as provided by Section 7 of Article VI of the Constitution, and to fix reasonable and just charges for the services furnished by such sewerage disposal companies and works.
The said commission shall have power to adopt and enforce such reasonable rules, regulations and modes of procedure as it may deem proper for the discharge of its duties in connection with such companies and works, and it may summon and compel the attendance of witnesses, swear witnesses, compel the production of books and papers, take testimony under commission and punish for contempt as fully as is provided by law for the district courts.
Acts 1960, No. 259, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1204. East Baton Rouge Parish; water regulation

RS 45:1204 - East Baton Rouge Parish; water regulation
Every water district consisting of all or any part of East Baton Rouge Parish and every water utility company serving any consumers in East Baton Rouge Parish shall be under the jurisdiction, supervision, regulation, control and rate fixing authority of the Louisiana Public Service Commission; but no rate or rates fixed by the commission shall become effective without the prior approval of the governing authority of East Baton Rouge Parish.
Acts 1962, No. 181, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1205. Livingston Parish; water regulation

RS 45:1205 - Livingston Parish; water regulation
Every public water utility district consisting of all or any part of Livingston Parish presently or hereafter created for any purpose by the governing authority of Livingston Parish shall be under the jurisdiction, supervision, regulation, control and rate fixing authority of the Louisiana Public Service Commission; but no rate or rates fixed by the commission shall become effective without the prior approval of the governing authority of the parish of Livingston.
Acts 1962, No. 243, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1221. Definitions

RS 45:1221 - Definitions
As used in this Part, the following terms and phrases shall have the meanings hereinafter ascribed to them:
(1) "Commission" means the Louisiana Public Service Commission.
(2)(a) "Energy emergency" means a specified period of time, as declared by the commission, characterized by inordinately high utility bills, which are a product of one or all of the following:
(i) High gas or other fuel costs.
(ii) Unusually inclement weather which necessitates extensive use of utilities.
(iii) Any other circumstances as determined by the commission.
(b) The commission is authorized to determine what constitutes "inordinately high utility bills", "high gas or other fuel costs", and "unusually inclement weather".
(3) "Deferred billing program" means a program administered by a utility that allows utility customers to defer payment of a utility bill up to a twelve-month time period.
(4) "Eligible customers" include any one of the following:
(a) Those persons whose income does not exceed one hundred fifty percent of the poverty level as established by the federal government and who are sixty-five years of age or older.
(b) Those persons who receive any one of the following:
(i) Food stamps.
(ii) Temporary Assistance for Needy Families (TANF).
(c) Those persons whose sole income consists of Social Security payments.
(d) As determined by the commission, vital government entities who provide services the absence of which could result in imminent peril to the public health, safety, and welfare.
(e) Those persons who need life-sustaining, electrically operated equipment, or life-sustaining medical treatment that requires electricity in order to live.
(5) "Utility" means any person, public or private, subject to the general jurisdiction of the commission pursuant to Article IV, Section 21 of the Constitution of Louisiana who provides electric or gas services to consumers in this state.
Acts 2001, No. 629, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1222. Rules and regulations; deferred billing program; discontinuance of service

RS 45:1222 - Rules and regulations; deferred billing program; discontinuance of service
A.(1) The commission shall adopt rules and regulations to ensure that all utilities subject to its jurisdiction implement a deferred billing program or other similar program that allows eligible customers to pre-enroll with the utility to receive the benefits of such program during energy emergencies.
(2) The rules adopted pursuant to this Subsection shall, at a minimum, do the following:
(a) Require utilities to inform their customers about the deferred billing program to be used during energy emergencies by various means, including but not limited to biannual inserts in all customers' billing statements or by any other means as required by the commission's rules.
(b) Require utilities to adopt application and enrollment procedures, which shall be approved by the commission.
(c) Require utilities to provide customers with adequate means for contacting the utility to enroll in such program.
B. No customer enrolled in a deferred payment or similar program shall have his utility service discontinued as long as he continues to make the required payments pursuant to the applicable program in which he is enrolled.
Acts 2001, No. 629, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1232. Choice of law; conflicts

RS 45:1232 - Choice of law; conflicts
A. The law governing the validity, enforceability, attachment, perfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any storm recovery property shall be exclusively the laws of this state, without applying this state's law on conflict of laws and notwithstanding any contrary contractual provision, except as provided in the last sentence of R.S. 45:1231(F). The validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any storm recovery property shall be governed by this Part, and solely to the extent not addressed by this Part, by the Uniform Commercial Code - Secured Transactions and other laws of this state. Without limiting the preceding sentence, this Part provides that the Uniform Commercial Code - Secured Transactions applies to the filings of financing statements referenced in this Part, to perfection, the effect of perfection or nonperfection, and the priority of security interests held by a secured party having control of deposit accounts or securities accounts as original collateral securing storm recovery bonds, notwithstanding that proceeds of storm recovery charges are deposited therein, and to the enforcement of security interests in storm recovery property, in each case subject to Subsection B of this Section.
B. In the event of conflict between this Part and any other law regarding the attachment, creation, perfection, the effect of perfection, or priority of, and sale, assignment, or transfer of, or security interest in, storm recovery property, or the exercise of remedies with respect thereto, this Part shall govern to the extent of the conflict.
C. This Section shall not be interpreted to conflict with or modify R.S. 45:1231(B).
Acts 2006, No. 64, §2, eff. May 22, 2006.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1233. Storm recovery bonds not public debt

RS 45:1233 - Storm recovery bonds not public debt
Storm recovery bonds are not a debt or a general obligation of the state or any of its political subdivisions, agencies, or instrumentalities and are not a charge on their full faith and credit. An issue of storm recovery bonds does not, directly or indirectly or contingently, obligate the state or any agency, political subdivision, or instrumentality of the state to levy any tax or make any appropriation for payment of the bonds, other than for paying storm recovery charges in their capacity as consumers of electricity. All storm recovery bonds authorized by a financing order by the Public Service Commission must contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the State of Louisiana is pledged to the payment of the principal of, or interest on, this bond." All storm recovery bonds authorized by a financing order by the council of the City of New Orleans must contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the State of Louisiana or the City of New Orleans is pledged to the payment of the principal of, or interest on, this bond."
Acts 2006, No. 64, §2, eff. May 22, 2006.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1234. State pledge

RS 45:1234 - State pledge
A. For purposes of this Section, the term "bondholder" means a person who holds a storm recovery bond, including in book entry form.
B. The state pledges to and agrees with bondholders, the owners of the storm recovery property, and other financing parties that the state will not:
(1) Alter the provisions of this Part which authorize the commission to create a contract right by the issuance of a financing order, to create storm recovery property, and to make the storm recovery charges imposed by a financing order irrevocable, binding, and nonbypassable charges;
(2) Take or permit any action that impairs or would impair the value of storm recovery property; or
(3) Except as allowed under this Section and except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair storm recovery charges that are to be imposed, collected, and remitted for the benefit of the bondholders and other financing parties until any and all principal, interest, premium, financing costs and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related storm recovery bonds have been paid and performed in full. Nothing in this Paragraph shall preclude limitation or alteration if and when full compensation is made by law for the full protection of the storm recovery charges collected pursuant to a financing order and full protection of the holders of storm recovery bonds and any assignee or financing party.
C. Any person or entity that issues storm recovery bonds may include the pledge specified in Subsection B of this Section and in R.S. 45:1228(C)(5) in the bonds and related documentation.
Acts 2006, No. 64, §2, eff. May 22, 2006.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1235. Not an electric utility

RS 45:1235 - Not an electric utility
An assignee or financing party shall not be considered an electric utility or person providing electric service by virtue of engaging in the transactions described in this Part.
Acts 2006, No. 64, §2, eff. May 22, 2006.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1236. No impairment of commission jurisdiction

RS 45:1236 - No impairment of commission jurisdiction
Nothing in this Part is intended to be nor shall be construed to constitute any limitation, derogation, or diminution of the jurisdiction or authority of the commission provided by law, including that provided in or exercised by the Public Service Commission pursuant to the Constitution of Louisiana or the council of the City of New Orleans pursuant to its Home Rule Charter.
Acts 2006, No. 64, §2, eff. May 22, 2006.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1238. Financing orders including the Louisiana Utilities Restoration Corporation

RS 45:1238 - Financing orders including the Louisiana Utilities Restoration Corporation
A. Notwithstanding the provisions of R.S. 45:1228(C)(3), in a financing order issued to an electric utility by the commission to create storm recovery property, the financing order may provide that such storm recovery property shall be sold, assigned, or transferred by the electric utility to the corporation.
B. When an electric utility petitions the commission for a financing order pursuant to this Section, the corporation shall be a party to the commission's proceedings along with the pertinent utility.
Acts 2021, No. 293, §2, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1239. Alternative issuers; additional powers and duties for the corporation; limitations; approval of storm recovery bonds by the State Bond Commission; financing order requirements

RS 45:1239 - Alternative issuers; additional powers and duties for the corporation; limitations; approval of storm recovery bonds by the State Bond Commission; financing order requirements
A. Notwithstanding any provisions to the contrary in R.S. 45:1228 and 1233, when the corporation is participating in a securitization financing transaction pursuant to this Part, the financing order may authorize any Louisiana public entity that has a separate corporate existence and that is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States to be the issuer of the storm recovery bonds. After the issuance of such financing order, the corporation shall arrange for the issuance of the storm recovery bonds as specified in the financing order by an issuer selected by the corporation and approved by the commission. The corporation shall enter into a loan transaction with the issuer and then transfer the net proceeds of such storm recovery bonds received by the corporation to the pertinent utility as the purchase price of the storm recovery property.
B. The corporation shall not itself have the authority to issue storm recovery bonds. The corporation may issue promissory notes to issuers pursuant to this Part.
C. When storm recovery bonds are issued pursuant to this Section, the bonds shall be approved by the State Bond Commission.
Acts 2021, No. 293, §2. eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1240. Additional authority

RS 45:1240 - Additional authority
A. The provisions of R.S. 45:1237 through 1239 shall be additional and alternative authority and shall provide the full method together with the other provisions of this Part for the exercise of the powers herein granted and accomplishment of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws. All rights and powers granted by this Part to the corporation and the issuers of storm recovery bonds shall be cumulative with those derived from other sources and shall not, except as expressly stated herein, be construed in limitation thereof.
B. A utility may finance storm recovery costs pursuant to R.S. 45:1237 through 1239 that were incurred prior to the effective date of those Sections. To the extent that a utility has made application for a determination of eligible storm recovery costs prior to the effective date of R.S. 45:1237 through 1239, that application may provide the basis in part for the commission's financing order relying in part upon those Sections.
Acts 2021, No. 293, §2, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1241. Conditional sale of railroad or street railroad equipment or rolling stock

RS 45:1241 - Conditional sale of railroad or street railroad equipment or rolling stock
In any contract for the sale of railroad or street railway equipment or rolling stock, the parties may agree that title to the property sold or contracted to be sold, shall not vest in the purchaser until the price is paid although possession may be delivered immediately or subsequently, or that the seller shall have against any person a privilege for the unpaid purchase money. And in any contract for the leasing or hiring of such property, the parties may stipulate for a conditional sale after termination of such contract. They may also agree that the rentals or amount to be received under the contract may be applied and treated as purchase money, and that title to the property shall not vest in the lessee or bailee until the purchase price is paid in full, and until the terms of the contract are performed, notwithstanding delivery to and possession by the vendee, lessee or bailee.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1242. Conditional sale; validity

RS 45:1242 - Conditional sale; validity
No contract authorized by R.S. 45:1241 shall be valid against any subsequent judgment creditor or any subsequent bona fide purchaser for value and without notice unless:
(1) The contract is evidenced by an instrument executed by the parties and duly acknowledged by the vendee, lessee or bailee, or duly proved before some person authorized by law to take acknowledgments;
(2) The contract shall be filed for record in the office of the recorder of the parish of East Baton Rouge, in a book to be kept by him for the purpose, called Railroad Conditional Sales Book, if the vendee, lessee or bailee therein is a railroad or railway company whose line is situated in more than one parish; and if the vendee, lessee or bailee is a railroad or railway company whose line is situated in only one parish, then in the mortgage book of the office of the recorder of the parish where the railroad or railway is situated;
(3) Each locomotive engine or car sold, leased or hired, or contracted to be sold, leased or hired, shall have the name of the vendor, lessor, or bailor plainly marked on each side thereof, followed by the word "owner", "lessor", or "bailor".
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1243. Conditional sale; retaking of property

RS 45:1243 - Conditional sale; retaking of property
If the vendee, lessee, or bailee fails to make the payments or perform the covenants in any such contract, the lessor, vendor or bailor, or his assignee may retake the property in accordance with the contract; and in case of retaking the vendee, lessee, or bailee or his assignee has no right of redemption, and all payments made under the contract shall be forfeited to the vendor, lessor, or bailor, or to the party to whom they may have been made.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1244. Conditional sale; record of payment

RS 45:1244 - Conditional sale; record of payment
On payment in full of the purchase money, and the performance of the terms and conditions stipulated in the contracts, a declaration in writing to that effect may be made by the vendor, lessor or bailor or his assignee, on the margin of the record of the contract, duly attested, or by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his assignees, and recorded as provided in R.S. 45:1242.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1257. Choice of law; conflicts

RS 45:1257 - Choice of law; conflicts
A. The law governing the validity, enforceability, attachment, perfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any investment recovery property shall be exclusively the laws of this state, without applying this state's laws of conflicts of laws and notwithstanding any contrary contractual provision, except as provided in the last sentence of R.S. 45:1256(F). The validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any investment recovery property shall be governed by this Part, and solely to the extent not addressed by this Part, by the Uniform Commercial Code--Secured Transactions and other laws of this state. Notwithstanding any other law to the contrary, this Part provides that the Uniform Commercial Code--Secured Transactions applies to the filings of financing statements referenced in this Part, to perfection, the effect of perfection or nonperfection, and the priority of security interests held by a secured party having control of deposit accounts or securities accounts as original collateral securing investment recovery bonds, notwithstanding that proceeds of investment recovery charges are deposited therein, and to the enforcement of security interests in investment recovery property, in each case subject to Subsection B of this Section.
B. In the event of conflict between this Part and any other law regarding the attachment, creation, perfection, the effect of perfection, or priority of, a sale, assignment, or transfer of, or security interest in, investment recovery property, or the exercise of remedies with respect thereto, this Part shall govern to the extent of the conflict.
C. This Section shall not be interpreted to conflict with or modify R.S. 45:1256(B).
Acts 2010, No. 988, §2, eff. July 6, 2010.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1258. Investment recovery bonds

RS 45:1258 - Investment recovery bonds
Investment recovery bonds shall not be a debt or a general obligation of the state or any of its political subdivisions, agencies, or instrumentalities and shall not be a charge on their full faith and credit. An issue of investment recovery bonds shall not, directly, indirectly, or contingently, obligate the state or any agency, political subdivision, or instrumentality of the state to levy any tax or make any appropriation for payment of the bonds, other than for paying investment recovery charges in their capacity as consumers of electricity. All investment recovery bonds authorized by a financing order by the Public Service Commission shall contain on the face of a statement the following: "Neither the full faith and credit nor the taxing power of the state of Louisiana is pledged to the payment of the principal of, or interest on, this bond". All investment recovery bonds authorized by a financing order by the council of the city of New Orleans shall contain on the face of a statement the following: "Neither the full faith and credit nor the taxing power of the state of Louisiana or the city of New Orleans is pledged to the payment of the principal of, or interest on, this bond".
Acts 2010, No. 988, §2, eff. July 6, 2010.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1259. State pledge

RS 45:1259 - State pledge
A. For purposes of this Section, the term "bondholder" means a person who holds a investment recovery bond, including in book entry form.
B.(1) The state and the Legislature of Louisiana each pledge to and agree with bondholders, the owners of the investment recovery property, and other financing parties that the state and the Legislature of Louisiana shall not do any of the following:
(a) Alter the provisions of this Part which authorize the commission to create an irrevocable contract right by the issuance of a financing order, to create investment recovery property, and to make the investment recovery charges imposed by a financing order irrevocable, binding, and non-bypassable charges.
(b) Take or permit any action that impairs or would impair the value of investment recovery property.
(c) Except as provided for in this Section and except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair investment recovery charges that are to be imposed, collected, and remitted for the benefit of the bondholders and other financing parties until any and all principal, interest, premium, financing costs, and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related investment recovery bonds have been paid and performed in full.
(2) Nothing in this Subsection shall preclude limitation or alteration if and when full compensation is made by law for the full protection of the investment recovery charges imposed, charged, and collected pursuant to a financing order and full protection of the holders of investment recovery bonds and any assignee or financing party.
C. Any person or entity that issues investment recovery bonds may include the pledge specified in Subsection B of this Section and in R.S. 45:1253(C)(5) in the bonds and related documentation.
Acts 2010, No. 988, §2, eff. July 6, 2010.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1260. Electric utility applicability

RS 45:1260 - Electric utility applicability
An assignee or financing party shall not be considered an electric utility or person providing electric service by virtue of engaging in the transactions described in this Part.
Acts 2010, No. 988, §2, eff. July 6, 2010.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1261. No impairment of commission jurisdiction

RS 45:1261 - No impairment of commission jurisdiction
Nothing in this Part is intended to be nor shall be construed to constitute any limitation, derogation, or diminution of the jurisdiction or authority of the commission provided by law, including that provided in or exercised by the Public Service Commission pursuant to the Constitution of Louisiana or the council of the city of New Orleans pursuant to its home rule charter.
Acts 2010, No. 988, §2, eff. July 6, 2010.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1277. Choice of law; conflicts

RS 45:1277 - Choice of law; conflicts
A. The law governing the validity, enforceability, attachment, creation, perfection, the effect of perfection or nonperfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any energy transition property shall be exclusively the laws of this state, without applying this state's laws of conflicts of laws and notwithstanding any contrary contractual provision, except as provided in R.S. 45:1276(F). The validity, enforceability, attachment, creation, perfection, the effect of perfection or nonperfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any energy transition property shall be governed by this Part, and solely to the extent not addressed by this Part, by the Uniform Commercial Code-Secured Transactions and other laws of this state. The contents and sufficiency of financing statements referenced in this Part shall be governed by this Part and, to the extent not addressed by this Part, by the Uniform Commercial Code-Secured Transactions. Notwithstanding any other law to the contrary, this Part provides that the Uniform Commercial Code-Secured Transactions applies to the filings of financing statements referenced in this Part, to perfection, the effect of perfection or nonperfection, and the priority of security interests held by a secured party having control of deposit accounts or securities accounts as original collateral securing energy transition bonds, notwithstanding that proceeds of energy transition charges are deposited therein, and to the enforcement of security interests in energy transition property, in each case subject to Subsection B of this Section.
B. In the event of conflict between this Part and any other law regarding the validity, enforceability, attachment, creation, perfection, the effect of perfection or nonperfection, or priority of, a sale, assignment, or transfer of, or security interest in, energy transition property, or the exercise of remedies or venue with respect thereto, this Part shall govern to the extent of the conflict.
C. This Section shall not be interpreted to conflict with or modify R.S. 45:1276(B).
Acts 2022, No. 255, §2, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1278. Energy transition bonds

RS 45:1278 - Energy transition bonds
Energy transition bonds shall not be a debt or a general obligation of the state or any of its political subdivisions, agencies, or instrumentalities and shall not be a charge on their full faith and credit. An issue of energy transition bonds shall not, directly, indirectly, or contingently, obligate the state or any agency, political subdivision, or instrumentality of the state to levy any tax or make any appropriation for payment of the bonds, other than for paying energy transition charges in their capacity as consumers of electricity. All energy transition bonds authorized by a financing order by the commission shall contain on the face of a statement the following: "Neither the full faith and credit nor the taxing power of the state of Louisiana is pledged to the payment of the principal of, or interest on, this bond".
Acts 2022, No. 255, §2, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1279. State pledge

RS 45:1279 - State pledge
A. For purposes of this Section, the term "bondholder" means a person who holds an energy transition bond, including in book entry form.
B.(1) The state and the Legislature of Louisiana each pledge to and agree with bondholders, the owners of the energy transition property, and other financing parties that, until the financing costs and the energy transition bonds and any ancillary agreements have been paid and performed in full, the state and the Legislature of Louisiana shall not do any of the following:
(a) Alter the provisions of this Part that authorize the commission to create an irrevocable contract right by the issuance of a financing order, to create energy transition property, and to make the energy transition charges imposed by a financing order irrevocable, binding, and nonbypassable charges.
(b) Take or permit any action that impairs or would impair the value of energy transition property.
(c) Take or permit any action that impairs or would impair the rights and remedies of the issuer, any other assignee, such bondholders or other financing parties, or the security for the energy transition bonds or ancillary agreements.
(d) Except as provided for in this Section and except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair energy transition charges that are to be imposed, collected, and remitted for the benefit of the bondholders and other financing parties until any and all principal, interest, premium, financing costs, and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related energy transition bonds have been paid and performed in full.
(2) Nothing in this Subsection shall preclude limitation or alteration if and when full compensation is made by law for the full protection of the energy transition charges imposed, charged, and collected pursuant to a financing order and full protection of the holders of energy transition bonds and any assignee or financing party.
C. Any person or entity that issues energy transition bonds may include the pledges specified in Subsection B of this Section and in R.S. 45:1273(C)(5) in the bonds and related documentation.
Acts 2022, No. 255, §2, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1280. Electric utility applicability

RS 45:1280 - Electric utility applicability
An assignee or financing party shall not be considered an electric utility or person providing electric service by virtue of engaging in the transactions described in this Part.
Acts 2022, No. 255, §2, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1281. No impairment of commission jurisdiction

RS 45:1281 - No impairment of commission jurisdiction
A. Nothing in this Part is intended to be nor shall be construed to constitute any limitation, derogation, or diminution of the jurisdiction or authority of the commission provided by law, including that provided in or exercised by the commission pursuant to the Constitution of Louisiana.
B. A utility may finance energy transition costs that were incurred before August 1, 2022. To the extent that a utility has made application for a determination of energy transition costs before August 1, 2022, that application may provide the basis in part for the commission's financing order pursuant to this Part. Further, to the extent that the commission has made a determination of prudent recoverable energy transition costs of a utility before August 1, 2022, that determination may provide the basis for the utility's application for a financing order under this Part.
C. A utility may finance energy transition costs that were previously collected from the utility's customers but were subsequently ordered by the commission to be refunded to customers, regardless of the date that the costs were collected or the date that the commission issued the refund order.
Acts 2022, No. 255, §2, eff. June 3, 2022; Acts 2023, No. 149, §1, eff. June 7, 2023.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1315. Law applicable to board

RS 45:1315 - Law applicable to board
Members of the board and persons acting on the corporation's behalf, while acting within the scope of their duties or employment, shall not be subject to any personal liability resulting from carrying out the powers and duties conferred on them by this Part and shall have the indemnification rights and shall be deemed covered individuals, as provided in R.S. 13:5108.1, with respect to such actions.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1317. Regulation by the Public Service Commission

RS 45:1317 - Regulation by the Public Service Commission
A. The Public Service Commission shall regulate the corporation as provided for in this Part with the same plenary regulatory authority as provided under the Constitution of Louisiana with respect to public utilities. Such regulation shall be concomitant with the Public Service Commission's regulation of public utilities. Notwithstanding such regulation, as provided in R.S. 45:1327, the corporation is not a public utility. Although the organization and operations of the corporation shall be regulated exclusively by the Public Service Commission, any financing order pertaining to a utility furnishing utility service within the city of New Orleans shall be issued by the council of the city of New Orleans and be binding on such utility and the corporation.
B. To the extent that R.S. 45:1180 through 1182 permit the commission to recover expenses of examination, such expenses of examination will be charged only to the utility or utilities acting as collection agent for the corporation and on whose bills the charges of the corporation appear. Such expenses of examination will be considered to be legitimate operating expenses of the utility and therefore recovered by the utility from its customers.
Acts 2007, No. 55, §3, eff. June 18, 2007; Acts 2021, No. 293, §4, eff. June 14, 2021.