Supreme Court of Louisiana, 1988

Louisiana Power & Light Co. v. Louisiana Public Commission

Louisiana Power & Light Co. v. Louisiana Public Commission
Supreme Court of Louisiana · Decided January 29, 1988 · Calogero, Dennis, Reasons
519 So. 2d 770; 1988 La. LEXIS 192; 1988 WL 7005 (Southern Reporter, Second Series)

Louisiana Power & Light Co. v. Louisiana Public Commission

Opinion of the Court

In Re: Louisiana Public Service Commission applying for Stay of Judgment of the Nineteenth Judicial District Court Implementing a Rate Increase Effective February 1, 1988; 19th Judicial District Court, Parish of East Baton Rouge, No. 315,269.

Stay denied.

DENNIS and CALOGERO, JJ., dissent in part and concur in part with reasons.

Concurring in Part

DENNIS and CALOGERO, Judges,

dissenting in part and concurring in part, would prefer to enter the following order:

The judgment of the district court implementing the $40 Million rate increase is modified as follows:

1. Notwithstanding any rate increase resulting from this judgment, the Public Service Commission’s power and authority to order a rate decrease if shown to be just and reasonable after hearing is hereby reserved.

2. Any rate increase resulting from this order may be put into effect pending a final decision thereon only subject to protective bond or security approved by the Commission.

3. The power and authority to determine the allocation of any rate increase resulting from this order among customer classes shall be reserved to the Public Service Commission.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.