View Recent Blog Posts in Utilities Regulation

  • Court Rules Clean Power Plan Implementation Can Continue President Obama’s centerpiece of his climate policy agenda, the “Clean Power Plan,” has become one of the most heavily litigated environmental regulations ever. Twenty-seven states and numerous industry groups have filed more than fifteen separate lawsuits challenging the Environmental Protection Agency’s (“EPA”) statutory authority to promulgate the regulations.   Seventeen states, the District of Columbia, the [...] Continue Reading... ....
  • Louisiana Public Service Commission – Electric Utility Regulation – Recent and Current Topics By Katherine King, Randy Young, Carrie Tournillon, and Mallory McKnight This report was last updated on November 4, 2015 The following is prepared by the Kean Miller LLP Utilities Regulation team on important topics affecting consumers of electrical power in Louisiana.  For more information, please contact us at client_services@keanmiller.com LPSC Approval of Entergy Louisiana, LLC [...] Continue Reading... ....
  • IRS Releases Private Letter Ruling Addressing Mixed-use Output Facility and Tax-exempt Bonds 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 Supreme Court Approves Lafayette’s Fiber-to-the-Home Bond Ordinance 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 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 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 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 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... ....