Governor would appoint two members to expanded La. Public Service Commission under proposal
State lawmakers will consider a proposal this spring to let the governor add two at-large members to the Louisiana Public Service Commission, meaning voters would no longer elect all members of one of the state's most powerful political institutions.
House Bill 364, sponsored by Rep. Daryl Deshotel, R-Marksville, is a proposed constitutional amendment to allow the governor to hand select two additional members to the commission that regulates utilities in Louisiana. LPSC currently has five members, each elected from their respective multi-parish districts.
The two gubernatorial appointees would be able to serve two consecutive four-year terms. The five elected commissioners are currently limited to three consecutive six-year terms.
The five LPSC districts are larger and more populous than Louisiana's six congressional districts, giving the commissioners significant influence on matters of everyday concern to residents, though an at-large commissioner would have far greater influence than the current five.
The commission determines how much utilities can charge their customers for their services that include electricity, water, gas, cable television, phone and internet service. A utility provider needs LPSC approval before raising rates or adding any kinds of fees to customers' bills.
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The commission oversees major investor-owned utilities such as Cleco and Entergy Louisiana, as well as smaller, member-owned power cooperatives such as DEMCO. Its regulatory umbrella covers the entire state, save for a handful of city-owned utilities and private service providers in New Orleans and other cities, which fall under the jurisdiction of local governments.
LPSC members also have oversight of intrastate oil pipelines, tow truck services and moving companies. Each commissioner is also supposed to represent constituents in their districts in any disputes they have with utility companies.
'It only takes three members to control rates over the entire state,' Deshotel said, referring to the three-vote majority needed for a measure to pass on the five-member panel. 'I just think we need more representation.'
Some are skeptical of the proposal.
Commissioner Jean-Paul Coussan, a Republican and former state senator from Lafayette, said he has great respect for the legislative process and his former colleague but doesn't think the addition of two appointed members would accomplish Deshotel's stated intention of increasing representation.
'They wouldn't be answerable to a constituency, so it kinda defeats the purpose of his goal,' Coussan said. 'I don't see how two appointees who only answer to the governor would accomplish that.'
Coussan said Deshotel's proposal would drastically overhaul an institution that works with companies and residents through regulatory processes that have been relatively consistent over the years. Such changes would send a discouraging message to the major stakeholders investing in Louisiana who are familiar with and rely on the LPSC's stable regulatory environment, he added.
Commissioner Davante Lewis, D-Baton Rouge, questioned Dehotel's motives, saying the governor is the only person who would gain representation and power under the proposal.
'It truly dilutes the people's will by reducing their vote,' Lewis said. 'If it was truly about representation, wouldn't he just make the districts smaller by adding [elected] members?'
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During the most recent round of redistricting in 2022, the legislature chose to keep the number of LPSC members at five. There were no proposals to add elected members to the commission, but there were some that sought to redraw the map to include a second majority-Black district. Lawmakers ultimately rejected those measures.
Deshotel said adding appointed rather than elected members would keep out the vast amounts of campaign cash that special interests have used to influence LPSC elections, though he hedged his statement by saying he doesn't think that it has affected any of the current commissioners.
'These are extremely expensive elections, and most of the donations come from the same people that they're regulating,' Deshotel said.
He added that he plans to file a campaign finance reform bill targeting LSPC elections in the future if his constitutional amendment stalls at the Capitol this year.
Constitutional amendments require two-thirds support from each chamber of the legislature and final approval from Louisiana voters during a statewide election.
The 2025 legislative session starts Monday.
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