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Category Archives: Utilities Regulation

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Louisiana Public Service Commission – Electric Utility Regulation – Recent and Current Topics

Posted in Utilities Regulation
This report was last updated on July 12, 2012 By Randy Young, Katherine W. King and Carrie Tournillon The following is a report prepared by the Kean Miller LLP Utilities Regulation team on important topics affecting large consumers of electrical power in Louisiana. For more information, please contact us at client_services@keanmiller.com Entergy Application for Approval … Continue Reading

IRS Releases Private Letter Ruling Addressing Mixed-use Output Facility and Tax-exempt Bonds

Posted in Municipal Finance and Bonds, Utilities Regulation
By Angela W. Adolph The Internal Revenue Service (the “Service”) released a Private Letter Ruling (“PLR”) earlier this year addressing private business use of a mixed-use output facility and whether tax-exempt bonds could be used to finance improvements to the facility.  The Issuer, which is a political subdivision of a state, owns electric generation, transmission … Continue Reading

Louisiana State Universal Service Fund – “The More Things Change, The More They Stay the Same” [1]

Posted in Utilities Regulation
by Gordon D. Polozola The Louisiana Public Service Commission has issued a General Order, dated February 9, 2009, once again adopting a new basis for its state Universal Service Fund or “state USF.” In short, the revised state USF effectively maintains the subsidies that have been provided to Louisiana’s rural incumbent local exchange carriers or “rural … Continue Reading

Local Governments Working on Comprehensive Ordinances for Haynesville Shale

Posted in Energy, Utilities Regulation
by Gordon D. Polozola “Shreveport and Bossier City and Caddo and Bossier parishes have been working on a comprehensive set of ordinances to give local governments leverage in controlling drilling in the Haynesville Shale natural gas field,” reports the Shreveport Times. According to the report, “the ordinances are aimed at protecting water, limiting road damage, … Continue Reading

DC Circuit Upholds Entergy Generating Capacity Allocation, First Refusal Rights Remain Unanswered

Posted in Energy, Utilities Regulation
by Gordon D. Polozola The United States Court of Appeals for the District of Columbia Circuit affirmed an order of the Federal Energy Regulatory Commission approving a new long-term allocation of power-generating capacity among the affiliates of the Entergy system. Facing a complaint from New Orleans, which asserted that it was bearing unusually high production … Continue Reading

Public Service Commission Rule Trumps Louisiana’s New Ethics Law

Posted in Utilities Regulation
by Gordon D. Polozola In an action exceeding the requirements of Louisiana’s new, stricter ethics laws, pushed through the Legislature by Governor Bobby Jindal, the Louisiana Public Service Commission voted to forbid commissioners and their staff from accepting any food, beverage or entertainment paid for by companies regulated by the Commission or that have business … Continue Reading

ERC Launches Plan To Make Gas Markets Transparent, Monitor Price Information

Posted in Utilities Regulation
by Lawrence J. Hand, Jr. On December 20, 2007, the Federal Energy Regulatory Commission approved a final rule in docket no. RM07-10-000 to require certain natural gas market participants to file an annual report reflecting wholesale, physical natural gas transactions. In a related action, the Commission issued a notice of proposed rulemaking in docket no. RM08-2-000 … Continue Reading

FCC Prohibits Enforcement of Cable Operators’ Exclusive Access Clauses for Multiple Dwelling Units

Posted in Utilities Regulation
by Gordon D. Polozola The Federal Communications Commission has issued a Report and Order prohibiting cable operators from enforcing or executing any provision in a contract that grants an operator the exclusive right to provide cable services to apartment buildings, condominiums and certain other multiple dwelling units (MDUs) in an effort to bring the benefits … Continue Reading

Federal Energy Regulatory Commission Seeks Increased Oversight Over Intrastate Natural Gas Pipelines

Posted in Utilities Regulation
by Lawrence J. Hand, Jr. The Federal Energy Regulatory Commission has recently issued a notice of proposed rulemaking which seeks to increase the Commission’s oversight over intrastate natural gas pipelines and other non-jurisdictional sellers of natural gas. FERC Docket Nos. RM07-10-000 and AD06-11-000. Specifically, the proposed regulations would require that intrastate natural gas pipelines post, on a … Continue Reading

Louisiana Supreme Court Approves Lafayette’s Fiber-to-the-Home Bond Ordinance

Posted in Utilities Regulation
by Gordon D. Polozola The Louisiana Supreme Court issued a unanimous decision clearing the way for the City of Lafayette to issue bonds to finance its Fiber-to-the-Home (FTTP) Project. As described by the Court, FTTH technology delivers telecommunications services via fiber optic cables to every home and business in the covered area. In contrast, a more traditional … Continue Reading

D.C. Court of Appeals Vacates FERC Standards of Conduct for Interstate Natural Gas Pipelines

Posted in Utilities Regulation
by Lawrence J. Hand, Jr. On November 17, 2006, the United States Court of Appeals for the District of Columbia Circuit vacated the Federal Energy Regulatory Commission’s Standards of Conduct as applied to interstate natural gas pipelines. These Standards of Conduct, which are set forth in Order No. 2004 and codified at 18 CFR Part 358, … Continue Reading

State Supreme Court Upholds Universal Service Fee

Posted in Utilities Regulation
by Gordon D. Polozola The Louisiana Supreme Court has affirmed an order of the Louisiana Public Service Commission establishing a state universal service fee for telecommunications service providers operating in the state. T-Mobile, a wireless provider operating in Louisiana, appealed the LPSC’s order, arguing that the USF fee constituted a tax and, thus, the LPSC lacked … Continue Reading

Competitive Cable and Video Services Act Vetoed by Louisiana Governor

Posted in Utilities Regulation
by Gordon D. Polozola Governor Kathleen Blanco has reportedly vetoed the controversial Competitive Cable and Video Services Act, House Bill 699. There has been significant disagreement between BellSouth, the proponent of the bill, cable providers, who appeared to turn neutral as to its passage after the bill was amended, and Parish presidents and mayors, who urged … Continue Reading

Deja Vu? — Courts, Telecom and Anti-Trust

Posted in Utilities Regulation
by Gordon D. Polozola To say there has been consolidation in the telecom market over the last decade would obviously be an understatement. Competitive telecom companies, which entered the market by the hundreds after passage of the federal Telecommunications Act, have merged with each other (or have been acquired) as a means of survival or market … Continue Reading
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