Opinion

Sugar Bowl Gas Corp. v. Louisiana Public Service Commission

  • 354 So. 2d 1014
  • 1978 La. LEXIS 7025
  • 1978 WL 402863
Court
Supreme Court of Louisiana
Filed
Jan 30, 1978
Status
Published
Author
Calogero
On the bench
Calogero, Dennis, Dixon, Reasons
Cited by
2 cases
Authority
More cited than 25.6%

The opinion

CALOGERO, Justice

(dissenting).

The Louisiana cities which are Sugar Bowl’s customers can’t win for losing. On the one hand they are told that the Louisiana Public Service Commission had the right to increase the price of natural gas sold to them by Sugar Bowl Gas Corporation notwithstanding fixed price contracts. City of Plaquemine v. Louisiana Public Service Commission, 282 So.2d 440 (La.1973). On the other hand, they are now told that Louisiana Public Service Commission did not thereafter have the right to reduce rates chargeable to them for natural gas, a decision founded in part on the adverse consequence of Sugar Bowl’s low price contracts with unregulated industries.

Needless to say this is something of an oversimplification of some very complex issues. And there is indeed merit to certain of the principles set down in the majority opinion to govern the Commission’s proceedings hereafter in this and related cases. I simply disagree with the majority’s finding that plaintiff has made out a showing of the improper exercise of authority by the Commission and consequent irreparable injury, so as to warrant affirming the trial judge’s preliminarily enjoining the Commission.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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