CAJUN ELEC. POWER CO-OP., INC. v. PUBLIC SERV. COM'N

No. 88-CA-1719.

544 So.2d 362 (1989)

CAJUN ELECTRIC POWER COOPERATIVE, INC., et al. v. LOUISIANA PUBLIC SERVICE COMMISSION.

Supreme Court of Louisiana.

Rehearing Denied June 15, 1989.


Attorney(s) appearing for the Case

John Schwab, Schwab & Walter, Baton Rouge, James J. Thornton, Johnston & Thornton, Shreveport, W.M. Shaw, Shaw & Shaw, Homer, Rudolph McIntyre, Winnsboro, James B. Supple, Darnall, Biggs, Trowbridge, Supple & Cremaldi, Franklin, James J. Davidson, III, Davidson, Meaux, Sonnier & McElligott, Lafayette, Wendell Miller, Millican, Miller & Buisson, Jennings, James Funderburk, and Duval, Funderburk, Sundbery & Lovell, Houma, for plaintiffs-appellants.

Marshall Brinkley, Robert L. Rieger, Jr., Baton Rouge, Michael R. Fontham, Paul L. Zimmering, Noel J. Darce, and Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, for defendant-appellee.


ON REHEARING

DIXON, Chief Justice.

Rehearing was granted to reconsider whether article IV, § 21(B) of the state constitution, by explicitly granting to the commission the full authority over "all public utilities," removes the ability of the legislature to alter the commission's jurisdiction over any business defined as a public utility at the time the 1974 Constitution was adopted. We conclude that it does. Insofar as R.S. 45:1163 is inconsistent with...

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