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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 25

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 11th day of April, 2007 , are as follows:

PER CURIAM : 2006-CA-2814 C/W 2007-CA-0109 WASHINGTON ST. TAMMANY ELECTRIC COOPERATIVE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of E. Baton Rouge) In light of the foregoing, the decision of the Nineteenth Judicial District Court is vacated. Additionally, Order No. U-27686 of the Commission, dated November 16, 2005, is likewise vacated. The matter is remanded to the Public Service Commission for consideration of the administrative law judge's ruling on the exception of prescription filed by Cleco in response to WST's petition for de novo review filed by fax on the fourteenth day following the staff opinion regarding violation of the 300 foot rule. JUDGMENT VACATED; COMMISSION ORDER VACATED; REMANDED TO PUBLIC SERVICE COMMISSION.

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SUPREME COURT OF LOUISIANA
No. 2006-CA-2814 c/w 2007-CA-109 WASHINGTON ST. TAMMANY ELECTRIC COOPERATIVE, INC. VERSUS LOUISIANA PUBLIC SERVICE COMMISSION On Appeal from the Nineteenth Judicial District Court for the Parish of East Baton Rouge Honorable R. Michael Caldwell, Judge

PER CURIAM: This case is before the court on direct appeal1 from a district court judgment affirming a ruling by the Louisiana Public Service Commission (LPSC) finding Washington St. Tammany Electric (WST) in contempt, but reducing the fine imposed to $500. The matter originated as a complaint filed by one electric utility alleging another electric utility violated the so-called "300 foot rule."2 The Rules of Practices and Procedures of the Louisiana Public Service Commission govern the procedural manner by which this matter is to be resolved before the LPSC. The fundamental issue before this court involves a ruling by an administrative law judge on an exception covered by the provisions of Rule 55(q) rather than a ruling based on the provisions of Rule 67.

1

Appellate review is governed by LSA-Const. art. IV,

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