CENT. LA. ELEC. CO. v. P.U.C.

No. 83-CA-0604.

437 So.2d 278 (1983)

CENTRAL LOUISIANA ELECTRIC COMPANY, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION.

Supreme Court of Louisiana.

Rehearing Denied October 7, 1983.


Attorney(s) appearing for the Case

William O. Bonin, Landry, Watkins & Bonin, New Iberia, for plaintiff-appellant.

Michael R. Fontham, Paul L. Zimmering, William E. Brown, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, James F. Abadie, Abadie & Hudson, Marshall B. Brinkley, Baton Rouge, for defendant-appellee.


DENNIS, Justice.

Plaintiff, Central Louisiana Electric Company, sought judicial review in district court of the defendant Commission's failure to authorize higher rates so as to produce a 12.41 percent fair rate of return, instead of the 11.6 percent allowed by the Commission. The district court held that the Commission's rate order is presumed to be valid and found that the plaintiff had failed to carry its burden of proving that the agency had acted arbitrarily...

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