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La. Rev. Stat. § 45:1163 (2026)

Power to regulate rates and service; exceptions

✓ current as of May 2026
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§1163. Power to regulate rates and service; exceptions

           A.(1) The commission shall exercise all necessary power and authority over any street railway, gas, electric light, heat, power, waterworks, or other local public utility for the purpose of fixing and regulating the rates charged or to be charged by and service furnished by such public utilities.

           (2) However, no aspect of direct sales of natural gas by natural gas producers, natural gas pipeline companies, natural gas distribution companies, or any other person engaging in the direct sale of natural gas to industrial users for fuel or for utilization in any manufacturing process, or to any person for use in vehicles capable of using compressed natural gas which when combusted results in comparably lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates or any combination thereof, shall be subject to such regulation by the commission.

           (3) In addition, a schedule of rates of an electric cooperative shall not require approval of the commission if the schedule previously was approved by the board of directors of the electric cooperative and by the federal government or any agency thereof, nor shall the authority of the commission extend to the service rendered by electric cooperatives except to the extent provided in R.S. 45:123 and in orders of the commission promulgated to effectuate the purposes of R.S. 45:123.

           B. The commission shall exercise all necessary power and authority over any electric cooperative, that, by a vote of its membership, has elected to be regulated by the commission, as provided in R.S. 12:426, for the purpose of fixing and regulating the rates charged or to be charged and services furnished by the cooperative.

           C. To ensure that costs passed through to consumers are just and reasonable, the commission shall, no less frequently than every other year, audit the adjustment clause filings submitted by a public electric utility in this state, exercise its authorized review and determination of such filings, and exercise its control and rate-fixing authority to modify fuel adjustment charges of an electric utility as assessed by an electric utility to rate-paying consumers through operation of the utility's fuel adjustment clause.

           Acts 1964, No. 446, §1; Acts 1978, No. 77, §1; Acts 1983, No. 636, §3, eff. Jan. 1, 1984; Acts 1990, No. 306, §1; Acts 1990, No. 531, §1; Acts 2016, No. 135, §1, eff. August 1, 2016.

Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1957–2025 · leading case: Cajun Elec. Power Co-op., Inc. v. Pub. Serv. Com'n, 544 So. 2d 362 (La. 1989).
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Cajun Elec. Power Co-op., Inc. v. Pub. Serv. Com'n, 544 So. 2d 362 (La. 1989). · cites it 7× “Insofar as R.S. 45:1163 is inconsistent with this plenary authority, it is unconstitutional.”
City of Monroe v. Louisiana Pub. Serv. Comm'n, 97 So. 2d 56 (La. 1957). · cites it 14× “" LSA-R.S. 45:1163. "The power, authority, and duties of the commission shall affect and include all matters and things connected with, concerning, and growing out of the service to be given or rendered by such public utilities.”
Dixie Elec. Membership Co-Op. v. LA. PSC, 509 So. 2d 1002 (La. 1987). · cites it 6× “R.S. 45:1163, [9] which provides for the regulation of rates and service over public utilities by the Public Service Commission was amended so as specifically to dispense with need for the Commission's approval of the rates of an electric cooperative.”
Cajun Elec. Power Co-Op., Inc. v. La. Psc, 532 So. 2d 1372 (La. 1988). · cites it 7× “45:123 [3] and LSA-R.S. 45:1163. [4] In addition, plaintiffs petition for a declaratory judgment as to their rights under LSA-R.”
O'NIELL v. Louisiana Power & Light Co., 558 So. 2d 1235 (La. Ct. App. 1990). · cites it 2× “See LSA-R.S. 45:1163.1 The schedule does not become official unless it receives LPSC's approval.”
Daily Advertiser v. TRANS-LA, ETC., 612 So. 2d 7 (La. 1993). “" LSA-R.S. 45:1163. Under LSA-R.S. 45:1176, the [L]PSC has the authority to ".”
Wilson v. Valley Elec. Membership Corp., 141 B.R. 309 (E.D. La. 1992). · cites it 2× “La.Rev. Stat.Ann. § 45:1163, enacted in 1978, provided that REC rate schedules did not require LPSC approval “if the schedule previously was approved by the board of directors of the electric cooperative and by the federal government or any agency thereof.”
Entergy Gulf States v. LPSC, 730 So. 2d 890 (La. 1999). · cites it 2× “R.S. 45:1163, but has recognized its power to order a refund in only one special situation, viz.”
Kruger v. Garden Dist. Ass'n, 779 So. 2d 986 (La. Ct. App. 2001). “…in the courts due to the statutory prohibition against retroactive rate making. La. Const. Art. 4, § 21(B); La. R.S. 45:1163.”
South-West Utils., Inc. v. S. Cent. Bell Tel. Co., 339 So. 2d 425 (La. Ct. App. 1976). · cites it 2× “(Emphasis ours) It is specifically provided in R.S. 45:1163 that rates charged and services furnished by public utilities shall be regulated by the Public Service Commission.”
Opelousas Trust Auth. v. Cleco Corp., 105 So. 3d 26 (La. 2012). · cites it 2× “R.S. 45:1163) (CLECO). Since this matter involves the fixing and regulating of the rates charged by Cleco to City residents, we conclude this is a rate case over which the LPSC has exclusive jurisdiction.”
Ethyl Corp. v. Gulf States Utils., Inc., 836 So. 2d 172 (La. Ct. App. 2002). “" [3] Specifically, the LPSC has original jurisdiction over subject matters that principally involve the right to fix and regulate the rates to be charged and the services to be furnished by a public utility.”
Show all 37 citing cases →
La. Rev. Stat. § 45:1163(A): 4 cases
Cajun Elec. Power Co-op., Inc. v. Pub. Serv. Com'n, 544 So. 2d 362 (La. 1989). “Insofar as R.S. 45:1163 is inconsistent with this plenary authority, it is unconstitutional.”
Entergy Louisiana, LLC v. Lpsc, 990 So. 2d 716 (La. 2008).
Louisiana Cablevision v. LOUISIANA PSC, 493 So. 2d 555 (La. 1986).
John Stewart Gentry & Diana Gentry Breen d/b/a Richland Farm P'ship v. Ne. Louisiana Elec. Power Coop., Inc. (La. Ct. App. 2025).
La. Rev. Stat. § 45:1163(A)(1): 5 cases
Richards v. Baton Rouge Water Co., 142 So. 3d 1027 (La. Ct. App. 2014).
Entergy Gulf States v. LPSC, 730 So. 2d 890 (La. 1999). “R.S. 45:1163, but has recognized its power to order a refund in only one special situation, viz.”
Frith v. Sw. Ouachita Waterworks, Inc., 207 So. 3d 1121 (La. Ct. App. 2016).
Town of Sterlington v. Greater Ouachita Water Co., 149 So. 3d 952 (La. Ct. App. 2014).
Henry v. Greater Ouachita Water Co., 207 So. 3d 1127 (La. Ct. App. 2016).
La. Rev. Stat. § 45:1163(B): 1 case
Cajun Elec. Power Co-op., Inc. v. Pub. Serv. Com'n, 544 So. 2d 362 (La. 1989). “Insofar as R.S. 45:1163 is inconsistent with this plenary authority, it is unconstitutional.”
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