Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:1272 Definitions
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§1272. 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. § 45:1273 Financing orders
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§1273. 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 issuer to issue energy transition bonds shall be made in such form as the commission prescribes. Ever…
La. Rev. Stat. § 45:1274 Energy transition property
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§1274. Energy transition property A. All energy transition 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 s…
La. Rev. Stat. § 45:1275 Sale
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§1275. Sale The sale, assignment, or other transfer of energy transition property shall be governed by this Section. All of the following apply to a sale, assignment, or other transfer: (1) The sale, assignment, or other transfer of energy transition property by an electric utili…
La. Rev. Stat. § 45:1276 Security interests
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§1276. Security interests A. The Uniform Commercial Code-Secured Transactions shall not apply to energy transition 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 R.…
La. Rev. Stat. § 45:1277 Choice of law; conflicts
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§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 t…
La. Rev. Stat. § 45:1278 Energy transition bonds
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§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…
La. Rev. Stat. § 45:1279 State pledge
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§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 transi…
La. Rev. Stat. § 45:1280 Electric utility applicability
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§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.
La. Rev. Stat. § 45:1281 No impairment of commission jurisdiction
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§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 …
La. Rev. Stat. § 45:1301 §§1301 to 1305 Repealed by Acts 1972, No
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§1301. §§1301 to 1305 Repealed by Acts 1972, No. 266, §1
La. Rev. Stat. § 45:1311 Short title; purpose
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§1311. Short title; purpose A. This Part shall be known and may be cited as the "Louisiana Utilities Restoration Corporation Act". B. It is hereby declared by the Louisiana Legislature that the restoration and rebuilding of utility systems after natural disasters using low-cost c…
La. Rev. Stat. § 45:1312 Definitions
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§1312. 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. § 45:1313 Creation of the Louisiana Utilities Restoration Corporation
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§1313. Creation of the Louisiana Utilities Restoration Corporation A. There is hereby authorized the formation and incorporation of a nonprofit corporation to be known as the "Louisiana Utilities Restoration Corporation", which shall operate to perform the essential governmental …
La. Rev. Stat. § 45:1314 Board of directors of the corporation
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§1314. Board of directors of the corporation A. The governing body of the corporation shall be a board of directors that shall consist of the following seven members, who shall be representative of the state's diverse population as near as practicable: (1) Two representatives, ap…
La. Rev. Stat. § 45:1315 Law applicable to board
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§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 t…
La. Rev. Stat. § 45:1316 Powers and duties of the corporation
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§1316. Powers and duties of the corporation A. The corporation shall, in each instance subject to the prior authorization of the commission, participate in the financial transactions contemplated by this Part. The corporation shall engage in no other business activities except th…
La. Rev. Stat. § 45:1317 Regulation by the Public Service Commission
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§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 regula…
La. Rev. Stat. § 45:1318 Financing orders
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§1318. Financing orders A. A utility may petition the commission for a financing order. The application of the utility shall specify the following: (1) Set forth any known previously incurred system restoration costs and set forth any storm damage reserve that is proposed to be e…
La. Rev. Stat. § 45:1319 System restoration property
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§1319. System restoration property A. All system restoration property that is specified in a financing order shall constitute an existing, present property right of the corporation, constituting an individualized, separate, incorporeal movable susceptible of ownership, sale, assi…
La. Rev. Stat. § 45:1320 Sale of property
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§1320. Sale of property The sale and assignment of system restoration property is governed by this Section. All of the following shall apply to a sale and assignment under this Section: (1) The sale of system restoration property by the corporation to an issuer that the parties h…
La. Rev. Stat. § 45:1321 Bonds
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§1321. Bonds A. A utility desiring the issuance of system restoration bonds pursuant to a financing order shall make an application therefor to the commission under R.S. 45:1318. The proceeds of such system restoration bonds shall be disbursed solely as provided in this Part. The…
La. Rev. Stat. § 45:1322 Corporation funds
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§1322. Corporation funds A. The corporation's monies shall be maintained by the corporation as a separate and special fund, separate and apart from the general fund of the state. Unexpended amounts remaining in the corporation's fund at the end of a fiscal year shall not lapse in…
La. Rev. Stat. § 45:1323 State pledge; corporation pledge
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§1323. State pledge; corporation pledge A. For purposes of this Section, the term "bondholder" means a person who holds a system restoration bond, including in book entry form. B. The state and the Louisiana Legislature each pledge and agree with the corporation, the bondholders,…
La. Rev. Stat. § 45:1324 Limitation on bankruptcy
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§1324. Limitation on bankruptcy A. Prior to the date that is two years and one day after which the corporation no longer has any payment obligation to any issuer of any system restoration bonds outstanding, the corporation is prohibited from filing and shall have no authority to …
La. Rev. Stat. § 45:1325 Corporation status; tax exempt
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§1325. Corporation status; tax exempt A. The corporation shall be a public corporation and an instrumentality of the state. The corporation's purpose and function is an integral part of the state. The corporation shall be exempt from any state corporate income tax and corporate f…
La. Rev. Stat. § 45:1326 Full authority
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§1326. Full authority A. The provisions of this Part shall be deemed to be complete, additional, and alternative authority and to provide the full method for the exercise of the powers herein granted and accomplishment of the things authorized hereby and shall be regarded as supp…
La. Rev. Stat. § 45:1327 Status of corporation
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§1327. Status of corporation The corporation, any issuer, and any financing party shall not be considered a utility or person providing electric service or natural gas service by virtue of engaging in the transactions described in this Part. The corporation is not an agent of any…
La. Rev. Stat. § 45:1328 Commission jurisdiction
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§1328. 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 C…
La. Rev. Stat. § 45:1331 Legislative findings and purpose
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§1331. Legislative findings and purpose A. The Louisiana Legislature declares in Subpart A of this Part that the restoration and rebuilding of utility systems after natural disasters using low-cost capital, thereby minimizing the cost to ratepayers, is a valid public purpose. Sup…
La. Rev. Stat. § 45:1332 Definitions
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§1332. Definitions For purposes of this Subpart, the terms defined in R.S. 45:1312 have the same meaning in this Subpart, except where a term is expressly modified in this Subpart, and as used in this Subpart: (1) "Affiliate" means, when used with reference to a specified person,…
La. Rev. Stat. § 45:1333 Additional powers of the corporation and the commission
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§1333. Additional powers of the corporation and the commission A. The corporation may create express special public trusts for the furtherance and accomplishment of the corporation's function and purpose pursuant to this Part. B.(1) Notwithstanding any provisions to the contrary …
La. Rev. Stat. § 45:1334 Special public trusts authorized; powers and duties for the special public trust;
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§1334. Special public trusts authorized; powers and duties for the special public trust; expenditures; limitations of the special public trust; public records law; domicile; subject to legislative audit; liability protection for beneficiaries A. The corporation may create trusts …
La. Rev. Stat. § 45:1335 Mode of creation; acceptance of beneficial interests; amendments
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§1335. Mode of creation; acceptance of beneficial interests; amendments A. A trust shall be created, organized, structured, and empowered by a written instrument, which shall be in accordance with this Subpart. A trust agreement shall be subscribed by the corporation as settlor b…
La. Rev. Stat. § 45:1336 Regulation by the commission
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§1336. Regulation by the commission A. The commission shall regulate each trust concomitant with the commission's regulation of the related utility. Notwithstanding such regulation, a trust shall not be considered a public utility and shall not be considered an agent of any utili…
La. Rev. Stat. § 45:1337 Permitted use of funds
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§1337. Permitted use of funds A. A trust shall perform only those functions consistent with and effectuate only the purposes set forth in this Subpart. A trust shall acquire and subscribe for preferred interests of a utility affiliate using all of the contributed proceeds of syst…
La. Rev. Stat. § 45:1338 Trustee requirements; duties and powers; compensation; liability protection
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§1338. Trustee requirements; duties and powers; compensation; liability protection A. The trustee of a trust shall not serve as a trustee under an indenture pertaining to the related bonds authorized by the financing order relating to that trust. Additionally, only the following …
La. Rev. Stat. § 45:1339 Corporation additional pledge to financing parties
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§1339. Corporation additional pledge to financing parties A. The corporation shall pledge to and agree with the issuer for the benefit of the issuer, the bondholders, and other financing parties, that until the related bonds and any ancillary agreements have been paid and perform…
La. Rev. Stat. § 45:1340 Limitation on bankruptcy
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§1340. Limitation on bankruptcy A. Prior to the date that is two years and one day after which the corporation no longer has any payment obligation outstanding to the issuer of the related bonds, a trust shall be prohibited from filing and shall have no authority to file a volunt…
La. Rev. Stat. § 45:1341 Transfers by beneficiaries
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§1341. Transfers by beneficiaries A. The trust's beneficiaries shall have no power over the trust or the trust property. A beneficiary shall not alienate or encumber its beneficial interest in a trust, except as solely permitted by Subsection B of this Section. B. If authorized i…
La. Rev. Stat. § 45:1342 Construction and effect
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§1342. Construction and effect A. This Subpart and all powers granted hereby shall be liberally construed to effectuate its and their purposes, without implied limitations thereon. All rights and powers granted in this Subpart to the commission, the corporation, and a trust shall…
La. Rev. Stat. § 45:1343 Corporation participation
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§1343. Corporation participation The corporation may, in each instance, subject to the prior authorization of the commission, participate in financing transactions contemplated by the Louisiana Electric Utility Storm Recovery Securitization Act, R.S. 45:1226 through 1240. Acts 20…
La. Rev. Stat. § 45:1351 Civil liability of station owner, licensee or operator for defamation
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§1351. Civil liability of station owner, licensee or operator for defamation The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for damage…
La. Rev. Stat. § 45:1352 Defamatory statements by or on behalf of, or in opposition to, candidate for public office
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§1352. Defamatory statements by or on behalf of, or in opposition to, candidate for public office In no event, shall any owner, licensee or operator, or the agents or employees of any such owner, licensee or operator of such a station or network of stations be held liable for dam…
La. Rev. Stat. § 45:1353 Damages recoverable for defamatory statements
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§1353. Damages recoverable for defamatory statements In any action against any owner, licensee or operator, or the agents or employees of any owner, licensee or operator, of a visual or sound radio broadcasting station or network of stations for damages for any defamatory stateme…
La. Rev. Stat. § 45:1354 Responsibility of persons making defamatory statements
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§1354. Responsibility of persons making defamatory statements This Chapter is not intended to change the responsibility under the laws of this state, of any person or persons for any defamatory utterance made by such person or persons over a visual or sound radio broadcasting sta…
La. Rev. Stat. § 45:1355 Disasters; deaf and hard of hearing persons informed
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§1355. Disasters; deaf and hard of hearing persons informed A. During any time of a disaster, or threat of a disaster, television stations shall transmit information or instructions in connection with the disaster, or threat of disaster, to the deaf and hard of hearing by scrolli…
La. Rev. Stat. § 45:1361 Short title
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§1361. Short title This Chapter shall be known and may be cited as the "Consumer Choice for Television Act." Acts 2008, No. 433, §1.
La. Rev. Stat. § 45:1362 Legislative findings
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§1362. Legislative findings A. The Legislature of Louisiana finds and declares that it is the policy of this state to increase competition for cable services and video services throughout the state in order to provide the widest possible diversity of information and new resources…
La. Rev. Stat. § 45:1363 Definitions
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§1363. Definitions As used in this Chapter, the following terms have the following meanings: (1) "Cable service" means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of vid…