A Louisiana administrative law judge has recommended denying South Louisiana Electric Cooperative Association’s request to abandon electric service along the remaining Lake Lines in Terrebonne and Lafourche parishes, sending the case back to the Louisiana Public Service Commission.
“SLECA failed to sufficiently support its request for abandonment,” the recommendation states.
It concludes that the cooperative’s petition to abandon the remaining Lake Lines should be denied.
The filing is not final. Parties can respond to the judge’s recommendation before a final version goes to the commission, which is expected to take up the matter in September.
The dispute centers on whether SLECA should be allowed to permanently stop serving camps and other properties that have been without power since Hurricane Ida.
In the filing, the judge wrote that while SLECA submitted a large volume of additional material on remand, “the actual content proved insubstantial.”
Public Service Commissioner Davante Lewis, who opposed sending the case back for more evidence, said the latest recommendation confirms his view that SLECA never met its burden.
“It’s very clear that SLECA did not make abandonment as its last resort. It made it as its first resort,” Lewis said in an interview.
Lewis hopes his colleagues will conclude that abandonment is not justified.
“I’m hopeful my colleagues will see for the second time and with an even more clear record that SLECA did not meet its burden and we should not abandon services for people,” he said.
Lewis also stressed that a vote to deny abandonment would not itself require SLECA to rebuild the lines.
“This ruling would not demand SLECA rebuild,” he said. “This application was solely about abandonment.”
That means the next phase of the dispute could focus on what happens next, including whether SLECA seeks cost recovery for rebuilding, proposes compensation or pursues another path.
Commissioner Jean-Paul P. Coussan said he and his staff will review the recommendation before deciding how to proceed.
“My staff and I will review the ALJ ruling, and figure out the best path moving forward. There are important policy and legal implications, as well as cultural and monetary issues, so we must get this right,” he said.
Lewis said he believes the case could set a broad precedent for storm-hit communities across coastal Louisiana.
“What precedent would we set if we allow a utility with a record like this to cancel services in the middle of hurricane season?” he said.
He also called the case highly unusual, saying he has not found another electric abandonment proceeding like it elsewhere in the country.
Sara Boudreaux, whose camp in Lockport has been without power since Ida, said she hopes commissioners focus on the evidence already in the record.
“My hope is the commissioners look at the facts on the record,” Boudreaux said. “Look at the staff findings and the administrative law judge’s findings. I have always believed this case should be decided on facts.”
In a statement, SLECA said it respects the commission process and would not comment further while the matter remains pending.
“This matter remains pending before the Louisiana Public Service Commission, and we respect that process. SLECA carefully evaluated this issue over several years before deciding to seek abandonment of the remaining Lake Lines. SLECA has always striven to place the safety and interests of our members, our employees, and the public first, which continue to be our priorities today. Because the matter is still pending before the Commission, we do not believe it would be appropriate to comment further at this time.”
To read the new documents, click here.
READ MORE:Louisiana judge: SLECA failed to justify ending power service
