Kyle C. Marionneaux

Kyle Marionneaux is the founding partner of Marionneaux Kantrow, LLC, starting the firm in 2009. Kyle has been a practicing attorney since 1998, representing corporate and individual clients in a variety of matters, including commercial litigation, contractual disputes, and insurance coverage issues. Since 2000, Kyle’s practice has also included a particular focus on representing utilities, motor carriers, and other regulated entities and interested parties before the Louisiana Public Service Commission (LPSC), and through appeals of those proceedings in the courts. Since 2009, Kyle and the firm has served as the outside general counsel for the Louisiana Association of Electric Cooperatives, Inc. (ALEC), and represented many of ALEC’s member cooperatives throughout the state.

Representative Experience

•  Represented the interests of motor carriers and utilities in numerous rulemaking proceedings before the LPSC related to a variety of issues, including merger and acquisition requirements, standards for motor carrier permits, renewable resource requirements, territorial restrictions, promotional practices, franchises with political subdivisions, disconnection of service, pole attachments, and the application and interpretation of laws and LPSC orders.

•  Obtained regulatory approvals for and assisted utility clients in finalizing power and resource purchase agreements, including assisting with the negotiation and regulatory approval of complex long-term all requirements power purchase contracts for two electric utilities in 2012.

•  Provided strategic advice, prepared agreements and documents, and obtained regulatory approvals for mergers and acquisitions involving regulated entities.

•  Represented numerous electric, water and wastewater, and gas utilities in designing and implementing rate structures, including formula rate plans, and obtaining rate increases and in implementing formula rate plans before the LPSC.

•  Assisted utilities with negotiations with political subdivisions regarding potential acquisitions and resolution of service issues.

•  Assisted electric utilities regarding issues related to the negotiation, drafting, and interpretation of numerous franchise agreements with municipalities, parishes, and other political subdivisions, including meeting with police juries, city councils, and other governmental bodies, and advised on jurisdictional issues related to such franchises.

•  Provided representation to troubled water and wastewater utilities in reaching compliance with Louisiana state regulatory entities and in receivership litigation.

•  Assisted utilities in obtaining regulatory approval of advanced metering programs.

•  Helped initiate, intervened in, and monitored rulemaking matters before the LPSC for electric utilities, water and wastewater utilities, and other regulated entities with regard to numerous legal and regulatory issues.

•  Assisted with applications and obtained regulatory approval for numerous utility loans and re-financings.

•  Successfully pursued, defended, and litigated utility territorial disputes over the right to provide service before the LPSC on behalf of utilities.

•  In 2007, successfully defended an appeal of an LPSC order regarding a territorial dispute on behalf of an electric utility, briefing and arguing the matter before the Louisiana Supreme Court. Washington-St. Tammany Electric Coop., Inc. v. Louisiana Public Service Commission, 959 So. 2d 450 (La. 6/29/07).

•  Advised clients of regulatory requirements and eminent domain rights for the construction of electric transmission lines in Louisiana.

•  Drafted and assisted in the enactment and approval of legislation involving utility and transportation issues.

•  Assisted more than eighty motor carrier clients in diverse matters, including issues of corporate design, restructuring, mergers, and acquisitions, federal and state regulatory compliance, obtaining operating authority, drafting and negotiation of contracts of brokerage, lease, and for services, risk avoidance, and litigation.

•  Successfully represented six motor carrier clients in separate contested proceedings before the LPSC to obtain authority to operate as common carriers of waste intrastate in Louisiana over the objections of existing LPSC-certified carriers, defending the order of the LPSC in one of these matters before the Louisiana Supreme Court. Vacuum Truck Carriers of Louisiana, Inc. v. Louisiana Public Service Commission, 12 So. 3d 932 (La. 5/5/09).