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La. Rev. Stat. § 45:1161 (2026)

Definitions

✓ current as of May 2026
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PART V. PUBLIC SERVICE COMMISSION

§1161. Definitions

           As used in this Part "commission" means the Louisiana Public Service Commission.

           As used in R.S. 45:1168 through 45:1175:

           (1) "Public utility" means any person, public or private, subject to the general jurisdiction of the commission but not including carriers by rail, water, electric or motor vehicles or pipelines, or public utilities municipally owned, or operated, or regulated, unless the electors of such municipality, and electors residing outside the municipality, who are customers of the municipally owned utility, have manifested their approval of such jurisdiction as is required by Article IV, Section 21(C) of the Constitution of Louisiana in the manner provided by R.S. 45:1164.1 through 45:1164.13. However, "public utility" shall not include any person owning, leasing and/or operating an electric generation facility provided such person is not primarily engaged in the generation, transmission, distribution and/or sale of electricity, and provided that such person (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location of mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor; provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as defined in R.S. 45:121; or (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as defined in R.S. 45:121.

           (2) "Security" means any note, stock, treasury stock, bond, debenture or other evidence of interest in or indebtedness of a public utility.

           Amended by Acts 1970, No. 34, §4; Acts 1975, No. 328, §1; Acts 1982, No. 566, §1.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1962–2025 · leading case: Cent. Louisiana Elec. Co. v. Louisiana Pub. Serv. Comm'n, 218 So. 2d 592 (La. 1969).
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Cent. Louisiana Elec. Co. v. Louisiana Pub. Serv. Comm'n, 218 So. 2d 592 (La. 1969). · cites it 8× “R.S. 45:1161 (1), which provides: "* * * `Public utility' means any person, public or private, subject to the general jurisdiction of the commission but not including carriers by rail, water, electric or motor vehicles or pipe lines, or public utilities municipally owned or…”
Louisiana Power & Light Co. v. Louisiana Pub. Serv. Comm'n, 197 So. 2d 638 (La. 1967). · cites it 2× “The contract of the parties is the law between them and a breach thereof is cognizable only by the court having jurisdiction, which is vested with full power to enforce all such stipulations unless they are contrary to some prohibitory law.”
La. Power & Light Co. v. La. Pub. Serv. Com'n, 377 So. 2d 1023 (La. 1979). “Primary jurisdiction to hear and determine rate applications is vested in the Commission pursuant to La.”
Dixie Pipeline Co. v. Barry, 227 So. 2d 1 (La. Ct. App. 1970). “" In LSA-R.S. 45:1161, a "public utility" is defined as any person, public or private, subject to the general jurisdiction of the Louisiana Public Service Commission.”
Cajun Elec. Power Co-Op., Inc. v. La. Psc, 532 So. 2d 1372 (La. 1988). “; and LSA-R.S. 45:1161, et seq. They pray that these laws be decreed constitutional under the 1974 Louisiana Constitution, Art.”
Carlin Commc'ns, Inc. v. South Cent. Bell Tel. Co., 461 So. 2d 1208 (La. Ct. App. 1984). “LSA-R.S. 45:1161 et seq. Insofar as it deals in interstate and foreign communications, SCB is also a common carrier subject to the jurisdiction of the Federal Communications Commission (FCC).”
Aurora Props., Inc. v. Louisiana Power & Light Co., 207 So. 2d 356 (La. 1968). “Public Service Commission is vested with such authority outside New Orleans (Article 6, Section 4; LSA-R.S. 45:1161 et seq.). But these legal provisions do not deprive respondents of their judicial remedy of mandamus to compel the public utility company to furnish electric…”
Morehouse Nat. Gas Co. v. Louisiana Pub. Serv. Com'n, 140 So. 2d 646 (La. 1962). · cites it 2× “1054. In Louisiana, the Louisiana Public Service Commission is a constitutionally created body.”
Cameron Tel. Co. v. Louisiana Pub. Serv. Comm'n, 440 So. 2d 694 (La. 1983). “1977); R.S. 45:1161, 1164. Telephone companies are also subject to the provisions of R.”
Morehouse Nat. Gas Co. v. Louisiana Pub. Serv. Comm'n, 140 So. 2d 646 (La. 1962). · cites it 2× “See, also, LSA-R.S. 45:1161 et seq. The power to *1001 regulate public utilities is set forth in Article VI, Section 4, of the Constitution.”
Perry v. City of Monroe, 360 So. 2d 1352 (La. Ct. App. 1978). · cites it 6× “, and R.S. 45:1161, et seq., which authorize transfer of regulatory authority to the Louisiana Public Service Commission must be read in pari materia with and are limited by the provisions of R.”
Louisiana Cablevision v. Louisiana Pub. Serv. Comm'n, 482 So. 2d 715 (La. Ct. App. 1985). · cites it 2× “It is not contended by the Commission and intervenors that the Commission has jurisdiction over cable television companies.”
Show all 16 citing cases →
La. Rev. Stat. § 45:1161(1): 2 cases
Cent. Louisiana Elec. Co. v. Louisiana Pub. Serv. Comm'n, 218 So. 2d 592 (La. 1969). “R.S. 45:1161 (1), which provides: "* * * `Public utility' means any person, public or private, subject to the general jurisdiction of the commission but not including carriers by rail, water, electric or motor vehicles or pipe lines, or public utilities municipally owned or…”
Louisiana Power & Light Co. v. Louisiana Pub. Serv. Comm'n, 197 So. 2d 638 (La. 1967). “The contract of the parties is the law between them and a breach thereof is cognizable only by the court having jurisdiction, which is vested with full power to enforce all such stipulations unless they are contrary to some prohibitory law.”
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