ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 269
Regular Session, 2014
HOUSE BILL NO. 1121
BY REPRESENTATIVE DANAHAY
AN ACT1
To enact R.S. 44:3.3, relative to public records; to provide an exemption for certain2
commercially sensitive information of a public power authority; to provide for3
definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 44:3.3 is hereby enacted to read as follows:6
ยง3.3. Public power authority; commercially sensitive information7
A. Nothing in this Chapter shall require the disclosure of commercially8
sensitive information in the custody or control of a public power authority.9
B. For purposes of this Section, the following terms shall have the following10
meanings:11
(1) "Commercially sensitive information" means information regarding a12
utility matter that is directly related to the public power authority's competitive13
activity which would, if disclosed, give an advantage to competitors or prospective14
competitors and includes the following:15
(a) Portfolio and generation unit specific fixed, variable, and related costs.16
(b) Fuel and purchased power costs and costs of related activities.17
(c) Risk management information and strategies.18
(d) Power pricing information, system load characteristics, marketing19
analyses and strategies, and customer billing, contract, and usage information.20
(2) "Public power authority" means a political subdivision of the state21
created by the governing authority of a municipality pursuant to R.S. 33:4172 for the22
purpose of the construction, acquisition, improvement, operation, or management of23
a public power project or improvement.24 ENROLLEDHB NO. 1121
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C. The provisions of Subsection A of this Section shall not apply to general1
information relating to the identity of the parties to any agreement or contract with2
a public power authority, and such information shall be subject to inspection,3
examination, copying, and reproduction.4
D. Nothing in this Section shall be construed in a manner as to prevent the5
inspection, examination, copying, or reproduction of any record or part of a record6
that does not contain commercially sensitive information.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: