Kyle C. Marionneaux

Biography

Kyle Marionneaux is a partner with Marionneaux Kantrow, LLC. 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), through appeals of those proceedings in the courts, and with other litigation and transactional issues. Since 2009, Kyle and the firm have served as the outside general counsel and regulatory counsel for multiple electric cooperative entities and associations throughout the state of Louisiana.

Representative Experience

• Consulted and represented electric cooperative clients in creating and establishing a new Generation and Transmission (G&T) Cooperative in Louisiana, assisting with the development of the corporate structure and bylaws; seeking recognition by the LPSC as a regulated public utility (LPSC Docket S-35709), the administering of a regulated solicitation process for power purchase agreements (PPAs) for service to members (LPSC Docket X-35283); the obtaining of regulatory approvals for multiple PPAs in an opposed and contentious proceeding (LPSC Docket U-35927); the establishment of a tariff rate for the entity (LPSC Docket U-36268); and the transferring of transmission assets from member cooperatives to the G&T and in becoming a member of a regional transmission organization (RTO) (LPSC Docket U-37441), continuing to serve as board and regulatory counsel for the G&T entity.
• Represented and developed a strategic path for obtaining certification and siting authority before the LPSC of a transmission line project extending across the northern part of the State of Louisiana, obtaining the first such siting approval for an entity that was not a regulated electric public utility (LPSC Docket U-36669).
• Represented the interests of utilities and motor carriers in numerous rulemaking proceedings before the LPSC related to a variety of issues, including merger and acquisition requirements, standards for minimum capacity and renewable resource requirements, distributed generation and net metering, territorial restrictions, promotional practices, franchises with political subdivisions, disconnection of service, pole attachments, standards for motor carrier permits, and the application and interpretation of laws and LPSC orders.
• With co-counsel, successfully appealed and had vacated an LPSC order which extended into corporate governance control issues of public utilities and was found to have exceeded the LPSC’s constitutional authority over rates and services.
• Obtained regulatory approvals for and assisted electric 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.
• 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, in obtaining rate increases, and in making annual filings pursuant to 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 numerous utility territorial disputes under Louisiana’s 300 Foot Rule (General Order R-28269 and La. R.S. 45:123) over the right to provide service before the LPSC on behalf of utilities and advised utilities and other interested parties on the application of the 300 Foot Rule and the 2019 Historical Footprint/10 Mile Radius Rule (General Order R-34960).
• 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 numerous 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 several 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).