Terms Used In Louisiana Revised Statutes > Title 45 > Chapter 9 > Part VII-A - Louisiana Electric Utility Energy Transition Securitization Act

• Ancillary agreement: means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with the issuance or payment of energy transition bonds. See Louisiana Revised Statutes 45:1272
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assignee: means any legal or commercial entity, including but not limited to a corporation, limited liability company, partnership, limited partnership, or other legally recognized entity to which an electric utility sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to energy transition property. See Louisiana Revised Statutes 45:1272
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1272
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Dependent: A person dependent for support upon another.
• Eligible electric generating facility: means a coal-fired or lignite-fired electric generating facility owned entirely or in indivision by an electric utility furnishing electric service to customers within the state. See Louisiana Revised Statutes 45:1272
• Eligible mine: means a coal or lignite mine that services a mine-mouth eligible electric generating facility furnishing electric service to customers within this state. See Louisiana Revised Statutes 45:1272
• Energy transition bonds: means bonds, notes, certificates of participation, or other evidences of indebtedness that are issued pursuant to an indenture or other contract of an electric utility or an issuer pursuant to a financing order, the proceeds of which are used directly or indirectly to provide, recover, finance, or refinance commission-approved energy transition costs and financing costs, and costs to fund energy transition reserves to such levels as the commission may authorize in a financing order, and that are secured by or payable from energy transition property. See Louisiana Revised Statutes 45:1272
• Energy transition charge: means the amounts authorized by the commission to recover, finance, or refinance energy transition costs and financing costs, and to fund any energy transition reserves to such levels as the commission may authorize in a financing order. See Louisiana Revised Statutes 45:1272
• Energy transition costs: means , if requested by the electric utility, and as may be approved by the commission, costs incurred or to be incurred by an electric utility consisting of any of the following:

              (a) Costs caused by or associated with the following:

              (i) The retirement of an eligible electric generating facility. See Louisiana Revised Statutes 45:1272

• Energy transition property: means the contract right constituting incorporeal movable property newly created pursuant to this Part which consists of all of the following:

              (a) The rights and interests of an electric utility or successors or assignees of the electric utility specified as being energy transition property in a financing order, including the right to impose, bill, charge, collect, and receive energy transition charges authorized in the financing order, the right to enforce the obligations of the utility to collect and service the energy transition charges, and the right to obtain periodic adjustments to such charges as may be provided in the financing order and this Part. See Louisiana Revised Statutes 45:1272

• Energy transition reserve: means a reserve established pursuant to an order of the commission for energy transition costs. See Louisiana Revised Statutes 45:1272
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Financing costs: means , if approved by the commission, whether incurred or paid on issuance of the energy transition bonds or ongoing over the life of the energy transition bonds, any of the following:

              (a) Interest and acquisition, defeasance, or redemption premiums that are payable on energy transition bonds and any other amounts owing in respect of energy transition bonds. See Louisiana Revised Statutes 45:1272

• Financing order: means an order of the commission, if granted by the commission in its sole discretion, which allows for all of the following:

              (a) The issuance of energy transition bonds. See Louisiana Revised Statutes 45:1272

• Financing party: means any holder of energy transition bonds, any party to or beneficiary of an ancillary agreement, and any trustee, collateral agent, or other person acting for the benefit of any of the foregoing. See Louisiana Revised Statutes 45:1272
• Grantor: The person who establishes a trust and places property into it.
• Issuer: means any assignee that is a wholly owned subsidiary of an electric utility and that issues energy transition bonds approved by a financing order. See Louisiana Revised Statutes 45:1272
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien creditor: means any of the following:

              (a) A creditor that has acquired a lien on the property involved by attachment, sequestration, seizure, levy, or by similar means. See Louisiana Revised Statutes 45:1272

• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Secured party: means a financing party in favor of which an electric utility or an issuer creates a security interest in any or all portions of its interest in or right to energy transition property. See Louisiana Revised Statutes 45:1272
• Security interest: means an encumbrance of and a right of preference over any portion of energy transition property created by contract to secure the payment or performance of an obligation. See Louisiana Revised Statutes 45:1272
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code-Secured Transactions: means Chapter 9 of Title 10 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 45:1272
• utility: means an "electric public utility" as defined in Louisiana Revised Statutes 45:1272
• Venue: The geographical location in which a case is tried.