Congratulations to Glenn Edwards on another Louisiana Supreme Court victory!
By Jordan T. Precht
The firm congratulates Glenn Edwards, IV, Partner, on his latest victory at the Louisiana Supreme Court. Glenn’s victory comes after years of litigating on behalf of Concordia Electric Cooperative Inc., who asserted that Entergy Louisiana, LLC violated La. R.S. 45:123 and Louisiana Public Service Commission Order No. R-28269, or what is commonly referred to as the “300 Foot Rule.”
The 300 Foot Rule prohibits electric utility companies from providing service to a location that is within 300 feet of another electric utility company’s existing power lines. The 300 Foot Rule further provides that the Louisiana Public Service Commission has the authority to determine whether the choice of a certain meter location was placed with the intention to circumvent the 300 Foot Rule.
In this case, Glenn, along with attorneys from the LPSC, proved that an electrical meter installed on a newly constructed commercial facility was, in fact, installed in such a way as to circumvent the 300 Foot Rule despite it being 302 feet from Concordia’s existing lines. Historically, Louisiana courts have favored using the bright-line measurement of 300 feet to determine the outcome of such cases, and therefore, the ruling handed down by the Louisiana Supreme Court is a landmark decision in the electric utility industry.
To view the full unanimous opinion of the Louisiana Supreme Court, click the link below.
http://www.lasc.org/opinions/2017/16CA0424.OPN.pdf
Davidson Meaux is providing this legal update for informational purposes only. This article should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. You should consult your own attorney concerning your particular situation and any specific legal questions you may have.