Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:1197 Violation of commission's order; award of damages
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§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 clas…
La. Rev. Stat. § 45:1198 Violation of commission's order; suits for damages
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§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 pers…
La. Rev. Stat. § 45:1198.1 Suits for enforcement of commission orders; venue; judicial recognition of commission orders; attorney fees; costs; interest
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§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 th…
La. Rev. Stat. § 45:1199 Violation of commission's order; joinder of parties
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§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 b…
La. Rev. Stat. § 45:1200 Violation of commission's order; penalty
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§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, steambo…
La. Rev. Stat. § 45:1201 Violation of commission's order; law to be posted
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§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 telep…
La. Rev. Stat. § 45:1202 Violation of commission's order; exception
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§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, ste…
La. Rev. Stat. § 45:1203 Sewerage disposal companies; regulation
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§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 c…
La. Rev. Stat. § 45:1204 East Baton Rouge Parish; water regulation
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§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 ra…
La. Rev. Stat. § 45:1205 Livingston Parish; water regulation
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§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, regulatio…
La. Rev. Stat. § 45:1206 Water and wastewater companies; receivership; bond; dissolution
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§1206. Water and wastewater companies; receivership; bond; dissolution A. As used in this Section, the following terms have the following meanings: (1) "Wastewater company" means any wastewater company regulated by the commission. (2) "Water company" means any water company regul…
La. Rev. Stat. § 45:121 Electric public utility defined
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§121. Electric public utility defined The term "electric public utility" as used in this Chapter means any person furnishing electric service within this state, the parish of Orleans excepted, including any electric cooperative transacting business in this state, provided, howeve…
La. Rev. Stat. § 45:122 Extensions of services and facilities, requirement of
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§122. Extensions of services and facilities, requirement of The Louisiana Public Service Commission has authority to require electric public utilities furnishing electricity to make extensions of their services and facilities whenever the revenues to be derived from the proposed …
La. Rev. Stat. § 45:1221 Definitions
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§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…
La. Rev. Stat. § 45:1222 Rules and regulations; deferred billing program; discontinuance of service
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§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 cus…
La. Rev. Stat. § 45:1223 Violations; penalties
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§1223. Violations; penalties The commission shall, by rule or order, adopt penalties for any violations of this Part or any rules or orders adopted or issued pursuant to this Part. Acts 2001, No. 629, §1.
La. Rev. Stat. § 45:1226 Short title; purpose
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§1226. Short title; purpose A. This Part shall be known and may be cited as the "Louisiana Electric Utility Storm Recovery Securitization Act". B. The purpose of this Part is to enable Louisiana electric utilities, if authorized by a financing order issued by the commission, to u…
La. Rev. Stat. § 45:1227 Definitions
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§1227. Definitions As used in this Part: (1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in conn…
La. Rev. Stat. § 45:1228 Financing orders
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§1228. Financing orders A. An electric utility may petition the commission for a financing order. Application by an electric utility for authority for the electric utility or its affiliate or other assignee to issue storm recovery bonds shall be made in such form as the commissio…
La. Rev. Stat. § 45:1229 Storm recovery property
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§1229. Storm recovery property A. All storm recovery property that is specified in a financing order shall constitute an existing, present contract right constituting an individualized, separate incorporeal movable susceptible of ownership, sale, assignment, transfer, and securit…
La. Rev. Stat. § 45:123 Stabilizing service by electric public utilities; extension and construction of facilities, regulation thereof; limitations on municipally-owned or operated utilities
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§123. Stabilizing service by electric public utilities; extension and construction of facilities, regulation thereof; limitations on municipally-owned or operated utilities A.(1) No electric public utility shall construct or extend its facilities or furnish or offer to furnish el…
La. Rev. Stat. § 45:1230 Sale
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§1230. Sale The sale, assignment, or transfer of storm recovery property is governed by this Section. All of the following apply to a sale, assignment, or transfer under this Section: (1) The sale, assignment, or other transfer of storm recovery property by an electric utility to…
La. Rev. Stat. § 45:1231 Security interests
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§1231. Security interests A. The Uniform Commercial Code - Secured Transactions does not apply to storm recovery property or any right, title, or interest of a utility or assignee therein, whether before or after the issuance of the financing order, except to the extent specified…
La. Rev. Stat. § 45:1232 Choice of law; conflicts
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§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 recov…
La. Rev. Stat. § 45:1233 Storm recovery bonds not public debt
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§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…
La. Rev. Stat. § 45:1234 State pledge
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§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 tha…
La. Rev. Stat. § 45:1235 Not an electric utility
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§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.
La. Rev. Stat. § 45:1236 No impairment of commission jurisdiction
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§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…
La. Rev. Stat. § 45:1237 Additional assignee; powers and duties of the corporation; expenditures; perfection
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§1237. Additional assignee; powers and duties of the corporation; expenditures; perfection of security interest on storm recovery property; limitations on bankruptcy A. In addition to the purpose and powers granted pursuant to the Louisiana Utilities Restoration Corporation Act, …
La. Rev. Stat. § 45:1238 Financing orders including the Louisiana Utilities Restoration Corporation
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§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 …
La. Rev. Stat. § 45:1239 Alternative issuers; additional powers and duties for the corporation; limitations;
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§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 …
La. Rev. Stat. § 45:124 Mortgages, power to make; property covered
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§124. Mortgages, power to make; property covered Corporations, domestic or foreign, organized for the purpose of developing and transmitting electric energy or power, lighting, heating and other such uses, may, to secure the payment of any obligation contracted by them, mortgage …
La. Rev. Stat. § 45:1240 Additional authority
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§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 thing…
La. Rev. Stat. § 45:1241 Conditional sale of railroad or street railroad equipment or rolling stock
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§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…
La. Rev. Stat. § 45:1242 Conditional sale; validity
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§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 d…
La. Rev. Stat. § 45:1243 Conditional sale; retaking of property
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§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 …
La. Rev. Stat. § 45:1244 Conditional sale; record of payment
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§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 …
La. Rev. Stat. § 45:125 Mortgages; recordation; re-inscription
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§125. Mortgages; recordation; re-inscription A mortgage made according to R.S. 45:124 upon transmission lines and appurtenances shall bind the same in the several parishes where they may be, by the recordation of the mortgage in the parish where the transmission lines are situate…
La. Rev. Stat. § 45:1251 Short title; purpose
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§1251. Short title; purpose A. This Part shall be known and may be cited as the "Louisiana Electric Utility Investment Recovery Securitization Act". B. The purpose of this Part is to enable Louisiana electric utilities, if authorized by a financing order issued by the commission,…
La. Rev. Stat. § 45:1252 Definitions
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§1252. Definitions As used in this Part: (1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in conn…
La. Rev. Stat. § 45:1253 Financing orders
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§1253. Financing orders A. An electric utility may petition the commission for a financing order. Application by an electric utility for authority for the electric utility or its affiliate or other assignee to issue investment recovery bonds shall be made in such form as the comm…
La. Rev. Stat. § 45:1254 Investment recovery property
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§1254. Investment recovery property A. All investment recovery property that is specified in a financing order shall constitute an existing, present contract right constituting an individualized, separate incorporeal movable susceptible of ownership, sale, assignment, transfer, a…
La. Rev. Stat. § 45:1255 Sale
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§1255. Sale The sale, assignment, or transfer of investment recovery property shall be governed by this Section. All of the following apply to a sale, assignment, or transfer under this Section: (1) The sale, assignment, or other transfer of investment recovery property by an ele…
La. Rev. Stat. § 45:1256 Security interests
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§1256. Security interests A. The Uniform Commercial Code--Secured Transactions shall not apply to investment recovery property or any right, title, or interest of a utility or assignee, whether before or after the issuance of the financing order, except to the extent specified in…
La. Rev. Stat. § 45:1257 Choice of law; conflicts
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§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 …
La. Rev. Stat. § 45:1258 Investment recovery bonds
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§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…
La. Rev. Stat. § 45:1259 State pledge
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§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 r…
La. Rev. Stat. § 45:1260 Electric utility applicability
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§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.
La. Rev. Stat. § 45:1261 No impairment of commission jurisdiction
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§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…
La. Rev. Stat. § 45:1271 Short title; purpose
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§1271. Short title; purpose A. This Part shall be known and may be cited as the "Louisiana Electric Utility Energy Transition Securitization Act". B. The purpose of this Part is to enable Louisiana electric utilities, if authorized by a financing order issued by the commission, t…