Louisiana Public Service Commission

Independent regulatory agency of Louisiana

Louisiana Public Service Commission

Seal of Louisiana

Agency overview
Formed| June 18, 1921 (1921-06-18)
Preceding agency|

* Railroad Commission of Louisiana

Type| Independent regulatory agency
Jurisdiction| Louisiana
Headquarters| Galvez Building
Baton Rouge, Louisiana
Annual budget| $10,242,843 (FY 2021)
Agency executives|

* Mike Francis, Chairman
* Craig Greene, Vice Chairman

Key document|

* Article IV, Section 21 of the Louisiana Constitution

Website| www.lpsc.louisiana.gov

Politics of Louisiana

Constitution and law

* United States Constitution

* Louisiana Constitution

* Louisiana law

Executive

* Governor Jeff Landry (R)
* State Cabinet

* * *

* Lieutenant Governor Billy Nungesser (R)

* Secretary of State Nancy Landry (R)

* Attorney General Liz Murrill (R)

* State Treasurer John Fleming (R)

* Commissioner of Agriculture and Forestry Mike Strain (R)

* Commissioner of Insurance Timothy Temple (R)

* Public Service Commission

* Board of Elementary and Secondary Education

Legislature

* State Senate

* President Cameron Henry (R)

* President pro tempore Regina Barrow (R)

* Majority Leader Jeremy Stine (R)

* Minority Leader Gerald Boudreaux (D)

* * *

* House of Representatives

* Speaker Phillip DeVillier (R)

* Speaker pro tempore Michael T. Johnson (R)

* Majority Leader Mark Wright (Louisiana politician) (R)

* Minority Leader Matthew Willard (D)

* * *

Judiciary

* Supreme Court

*     * Chief Justice John L. Weimer (I)

*     * Justice William J. Crain (R)
* Justice Scott Crichton (R)
* Justice James T. Genovese (R)
* Justice Jay McCallum (R)
* Justice Jefferson D. Hughes III (R)
* Justice Piper D. Griffin (D)

* * *

* Louisiana Circuit Courts of Appeal
* Louisiana District Courts
* Parish and City Courts
* Mayor's Courts
* Justice of the Peace Courts

Elections

* Nonpartisan primary
* Political parties
* Qualified Louisiana parties
* Democratic Party
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* Green Party
* Reform Party
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* National minor parties
* Political party strength

Administrative divisions

* Parishes (64)
* Municipalities (303)
* School districts

Federal representation

* U.S. Senate (list)
* Bill Cassidy (R)
* John Kennedy (R)

* * *

* U.S. House of Representatives (list)
* 1: Steve Scalise (R)
* 2: Troy Carter (D)
* 3: Clay Higgins (R)
* 4: Mike Johnson (R)
* 5: Julia Letlow (R)
* 6: Garret Graves (R)

* Politics of the United States
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The Louisiana Public Service Commission (LPSC)[1] is an independent regulatory agency which manages public utilities and motor carriers in Louisiana. The Commission was created by Article IV, Section 21[2] of the 1921 Constitution of the State of Louisiana.[3] It succeeded the Railroad Commission of Louisiana that was created by the 1898 Constitution.[4] The commission has five elected members chosen in single-member districts for staggered six-year terms. Thus the commissioners have large constituencies (bigger, e.g., than Congressional districts), long terms (6 years), and close involvement with issues of intense consumer interest (such as electricity bills); consequently membership in LPSC has been known to serve as a springboard to even higher public office, as in the cases of Huey Long, Jimmie Davis, John McKeithen, and Kathleen Babineaux Blanco — LPSC members who became governors of Louisiana.

## Jurisdiction

[edit]

The LPSC is frequently in the news in Louisiana, largely because of its regulatory authority over investor-owned public utilities which offer electric, water, wastewater, natural gas, as well as telecommunication services. It also regulates electric member-owned cooperatives, including those whose members have voted to vest the Commission with particular powers. The commission's authority does not extend within the city limits of New Orleans for electric retail services as that power is held by the city council. The LPSC also is not vested with some of its regulatory authority for those electric utilities which are municipally owned and have greater than 50 MW of load; those powers are held by the city councils for those governments, including the city of Lafayette, Louisiana.[5] It regulates intrastate transportation, including passenger carrier services, waste haulers, household goods carriers, non-consensual towing, and intrastate pipelines.[6] These issues are inseparable from often strongly held opinions by consumers and the regulated industries. One of LPSC'S most-popular actions was its implementation, on January 1, 2002, of the "Do Not Call" program, which prohibits telemarketers from telephoning people who request that they not receive such calls.[7] The power of the LPSC was reduced by the Supreme Court in favor of the Federal Energy Regulatory Commission for determining electric generation costs in Entergy Louisiana, Inc. v. Louisiana Public Service Commission.

## Background

[edit]

Ever since its founding as the Railroad Commission of Louisiana in the state constitution of 1898,[8] the LPSC has been politically powerful and involved, its districts being larger than congressional districts and the issues it has regulated (such as electricity bills) being immediately felt by voters. Thus, not surprisingly, four LPSC members have been elected governor of Louisiana: Huey Pierce Long, Jr., in 1928; James Houston "Jimmie" Davis in 1944; John Julian McKeithen in 1964 and 1968; and Kathleen Babineaux Blanco in 2003.

## Recent Elections

[edit]

Early in 2009, the LPSC consisted of commissioners Foster L. Campbell, Jr., Jimmy Field, and Eric Skrmetta and a vacancy resulting from the resignation of Dale Sittig. Former U.S. Representative Clyde C. Holloway was effectively elected to replace Sittig when the other candidate in the special election runoff, state Senator Joe McPherson of Woodworth, conceded on April 13.

Dale Sittig of Eunice served on the LPSC from 1995 to 2008, when he resigned to accept a position with the Louisiana Offshore Oil Port. On April 13, 2009, McPherson conceded to Holloway, making Holloway effectively the commissioner-elect.[9]

In replacing Democrat Sittig, Holloway's addition to the LPSC (even including the forerunner Louisiana Railroad Commission) developed the body's first-ever Republican majority. Commissioners Jimmy Field and Eric Skrmetta are, like Holloway, Republican. Simultaneously, the LPSC became the first statewide electoral group in Louisiana to develop a Republican majority since the Reconstruction era.[10]

In 2013, Jimmy Field (no relation to Harvey Fields) retired. He served on the LPSC from 1996 to 2013 Field completed Blanco's term of office and won two further full terms. Field chose to step down rather than seek another term in 2012. Utilizing the 2010 census numbers, the Commission's electoral districts were redrawn by legislative act and the election for District 2 was the first to be contested using the new boundaries. Former Secretary of the Department of Natural Resources, Scott Angelle was elected to the seat. Angelle was eligible as his home parish of Saint Martin became included in the 2nd District upon redistricting. In succeeding Field, Angelle ran first in a field of six. He won in the open non-partisan primary held on November 6, 2012. He defeated the second-place finisher, Democrat Forest Wright, an energy-policy analyst, and fellow Republican State Representative Erich Ponti in third place, and several other Republican and No-Party candidates.

In 2014, Eric Skrmetta was re-elected as the Commissioner from the 1st District defeating Democrat-turned-Republican Forest Wright. The typically obscure election was fiercely contested and colored by controversy over a firebombing incident targeted at Wright's campaign treasurer, Mario Zervigon. The key issue in the election was the ongoing rooftop solar debate. Incumbent Commissioner Skrmetta had enforced a limited cap on the number of homeowners in Louisiana who can install home solar panels and provide excess energy back to the grid under net metering. Candidate Wright supported expanding the availability of solar in the state and eliminating the cap. On November 4, Wright garnered enough votes to force a run-off, scheduled for December 6. The November 6th firebombing was questioned as being related to the contentious election.[11]

On December 10, 2022, newcomer Davante Lewis defeated incumbent Lambert Boissiere for a seat on the Public Service Commission. The 30-year old Democrat and progressive policy advocate won support from environmentalists including a group affiliated with the Environmental Defense Fund for supporting the expanded use of renewable energy. [12]

## Current Commissioners

[edit]

* Eric Skrmetta, Republican, District 1
* Jean-Paul Coussan, Republican, District 2
* Mike Francis, Republican, District 4
* Foster L. Campbell, Democrat, District 5

## Controversy

[edit]

The Louisiana Public Service Commission has enabled and enforced a limited cap on net metering, preventing many homeowners from across the state from installing solar panels on their homes. The cap, which is lower than almost any other state in the country, has faced criticism from homeowners who want the ability to go solar to save money on their electric bills.

Some utilities in Louisiana have already begun to hit their cap, and new homeowners in those areas cannot install solar systems. If the Public Service Commission does not increase the cap, some solar companies may be forced to close or to leave the state.[13]

On March 28, 2016, the commission in a 4-1 vote approved the sale of Cleco, an energy company based in Pineville, to a group of foreign investors: Macquarie Infrastructure and Real Assets, British Columbia Investment Management Corporation, John Hancock Financial, and other infrastructure investors. Earlier, the commission had disapproved the sale despite support from business leaders and Cleco investors. In his opposition, Commissioner Clyde Holloway expressed fear for "the long term consequences of Cleco's captive ratepayers. Cleco as we know it has ceased to exist. It is now owned by a private foreign investment company that plans to flip it in eight to ten years. And that same private foreign investment company is financing the deal with a massive amount of debt. ..."[14]

## Notes

[edit]

1. ^ "Welcome to the Louisiana Public Service Commission Website". lpsc.louisiana.gov. Louisiana Public Service Commission. "The Louisiana Public Service Commission (LPSC) [...]"
2. ^ "State Constitution of 1974 > Article IV: Executive Branch". senate.la.gov. Retrieved 2023-11-18.
3. ^ "Constitution of Louisiana", Wikipedia, 2023-10-18, retrieved 2023-11-18
4. ^ "About Us". lpscpubvalence.lpsc.louisiana.gov. Retrieved 2023-11-18.
5. ^ ":: LPSC Regulations - Electric ::". Archived from the original on 2013-08-09. Retrieved 2013-08-09.
6. ^ "Article". Alexandria Daily Town Talk. November 30, 2008.[dead link‍]
7. ^ Louisiana Public Service Commission's DO NOT CALL Program Rules. Archived August 1, 2007, at the Wayback Machine
8. ^ The Railroad Commission of Louisiana was established in Louisiana's state constitution of 1898. The name of the Railroad Commission was changed to the Public Service Commission in the state constitution of 1921 and continued in the current state constitution adopted in 1974.
9. ^ "Senator drops out of runoff for PSC", New Orleans Times-Picayune, April 14, 2009, Saint Tammany Edition, p. A2.
10. ^ A majority of the U.S. House delegation from Louisiana has been Republican since the 1990s, but that is at the federal level. Both houses of the Louisiana State Legislature continued to have a Democratic majority although the margin generally attenuated from the 1970s onward.
11. ^ "Arson Upends Louisiana Election". The Huffington Post. 18 November 2014. Retrieved 2016-02-02.
12. ^ CLINE, SARA (2022-12-11). "Newcomer wins election for Public Service Commission". Chron. Retrieved 2022-12-11.
13. ^ "Entergy Louisiana cuts off solar net-metering". WWLTV. Archived from the original on 2016-02-15. Retrieved 2016-02-02.
14. ^ Jeff Matthews (March 28, 2016). "CLECO sale approved: Pineville-based utility to move from public to private hands". The Alexandria Town Talk. Retrieved March 30, 2016.

## External links

[edit]

* Louisiana Public Service Commission official site
* Federal Trade Commission Staff Comment with Louisiana Officials about Rules Governing Regulated Utilities/Unregulated Affiliates

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