LOUISIANA

PUBLIC

SERVICE

GENERAL

Docket

R-33197

Public

In

Rules

re:

Governing

Selection

November

6,

I.

and

the

at

fulll

R.S.

2014

Business

2004

the

by

constitutional

Commission

and

General

Order

Louisiana

Session)
entirety)

Executive

Order

Contract
in

Commission

the

levels

inadequate

extraordinary
Q

in

its

of

circumstances

Formal

RFP

Except

required

professional
allowed

for

expenses

but

The

such

1.

formal

Notice

of

with

the

days

before

the

by

ofcial

All

that

be
the

for

a

shall

work

in

be

must

is

in

Consultant

Lists

may

be

the

manpower,

Commission

staff,

or

Proposals (“RFP”) process
(for both contract
compensation, including
dollars
The
($50,000.00).
(20%) of the total amount

Commission

maximum
thousand

percent

specically

given by emailing such RFP
counsel
respective lists of qualied

shall

the

be

referred

particular

to

herein

as

when

contract

issued,

accepted. This

be

vote

the

and

included

at

requirements
properly noticed

the

day

also

Business

be

and

proposals,
well

time

frame

specications

as

within
of

which

Bulletin.

submitted

Executive

it is

updated

from

time

to

time

as

specied

to

Session

anticipated

billing guidelines.

Order

dated

the
or

factors,
criteria

herein.

General

(20)
notice

on

to

the

file

on

extraordinary
the
posted

be

Ofcial

shall

and

twenty

advance

when

Commission’s
RFP

least

importance of price and other evaluation
be performed under
the contract,
the

tasks

as

the
the

a

relative

completed,

in
of

at

20

all

to

List”)'

“Consultant

or

site

greater

a

follows:

on

the

authorizes

1

These

those
for

necessary

available

proposals
the
Commission
Secretary
shorter
notice
The
RFP
period.
may

define

clearly
evaluating

total

twenty

will

web

indicate

the

Commission

the

meet

formal

for

Request

fty
to

the

as

each

the

used

limited

that

shall

it

be

rms

Session.

and

exceed

unless

Special Executive
RFP

assistance

existing

before

appointment

day

shortened

Commission’s

The

OR

Commission

insufcient

the

formal

matters

each

for

require

a

the

by

such
to

within

be

or

last

proposals

that
due

shall

persons

Commission

2.

for

circumstances

at

will

bid,

Commission

be

contract

ATTORNEYS

retained

anticipated that

shall

the

a

for

(sometimes collectively

consultants

may

in

RFP

pre—qualied

herein,

expenses,

process

an

of

to
(“LPSC” “Commission”)
and
in
its
supersedes
entirety

assistance.

it is

services

RFP

be

mandate

contracts

when

not

compensation proposed

amount.

shall
determined

for

provided

consulting
consultants)
fees,

selection

of

UTILIZED

service

and/or

attorneys

Constitution

Required

otherwise

as

for

Process

the

CONTRACT

experience

BE

TO

Louisiana
in

RETAINED

has

the

the

utilized

amends

WHICH

or

of

21

Commission

Order

consultants

expertise
require

§
be

to

4, 2004.

constitutional

PROCEDURE

A.

Service

BE

Commission
its

IV

procedure

General

August

and/or

fulll

to

This

SHALL

attorneys
which

Article

Public

UNDER

CONSULTANTS

instances

govern

dated

CONDITIONS

with
the

Louisiana

mandate.

General

Q

accordance

shall

45:1180,

retained

its

in

adopted

rules,

La.

employees

of

Employees by the

Contract

PURPOSE

These

all

of

Ser_vice

(Supersedes August 4,

is

ORDER

Commission

(Decided

1974

COMMISSION

11/10/14

Page

1

to

that

 B.

No

Formal

1.

Contracts

for

maximum

bid

unless

the

the

select

one

or

of

event

and

the

the

at

or

and/or

RFP

no

shall

the

finds

is

request.

expenses

allowed

total

amount,

bid

the

Commission

Staff

responsive proposals complying

at

and

may

properly

a

shall

responses

noticed

with

be

Business

the

submitted

and

Executive

for

required
that

in

performed by

services

arises

issues

of,

out

to,

an

active

or

avoid

attorneys
related

substantially
for

matter

where

previously retained,
to
public interest

the

is

or

contract

the

which

the

by

contract

in

Commission,

its

duplication of
effort
Such
matters
but
not
limited
include,
to, appeals of active
expense.
may
matters
and proceedings before
the LPSC,
and
FERC,
SEC, FCC,
any other
judicial
the retention
shall
be approved by formal
regulatory body. In such instances,
Commission
and
and approved for the additional
vote,
budget shall be submitted
discretion,

it

asked

All

regulatory

or

excluding

considered

Session.

were

that

the

the

a

(whichever applies) from the
le
at
the Commission.
Except in
Qualified
notify in writing Selected
to
submit
for
review
Staff
proposals
The
shall
request
provide sufficient

preceding paragraph

matter

any

legal

The
of

but

in

consultants

be

vote

be

consultants

or

will

formal

on

factual,

attorneys

of

for

consultants

common

and/or

Special Executive

a

addition,

counsel

required,

is

fees
be

may

result

to

amount.

greater

a

on

limitation

cost

process

specified in
appointment.

frame

Commission

Session

In

time

authorizes

RFP

who

professional

all

an

to

compiled and kept
Emergency, Staff will

are

Consultants

regarding

expense

2.

which

Procurement

a

the

detail

to

qualified

and/or

within

formal

no

more

Lists

Counsel

limited

anticipated

are

dollars

without

be

specifically

where

Consultant
the

Commission
shall

which

($50,000.00),
the necessity of
RFP.
(20%)
twenty
percent

thousand

fifty

Commission

instances

In

exceed

services

services

legal

compensation, including

of

amount
not

approved by
such

and/or

consulting

to

expenses,

for

Required

RF P Process

unnecessary

are

or

a

services

C.

Procurement

provide

services

and

Chairman

the
a

Emergency

exigent

When

of

be rendered.

to

on

an

of

procurement

consultants

and

attorneys
earliest

practical

An

Award

proposal

consideration

shall
All

time.

of

Selection

whose

necessity

but

the

the

to,

retention

for

Commission

these

Criteria

E.

by

evaluation

Section

to

pursuant

determined

III

A-C

Commission

the

factors

of

of Qualied

The

Commission

individuals

time
deems

to

or

the

time,
necessary

Attorneys:
Bulletin

and

the

be

may

List

firms

the

Counsel

to

in

and

qualified

Under

contract

such

in

the

circumstances,
and
full

vote

force

forth

set

and

attorneys

consideration
remain

Counsel
declaration

the

at

and

effect,

below.

the

meet
at

following

its

be

be

the

the

made
most

Request

conicts

of

for

Louisiana

responsible offeror
advantageous, taking into
and
Proposal, the criteria
bias

interest,

price.

and

the

to

When

attorneys

and

in

in

the

the

subject matter
public interest,

consultants.

Consultant

compiled

minimum
sole

criteria

discretion,

and
may

Lists.

These

qualifications
update and/or

Lists

set

revise

comprised

are

forth

below.

From

Lists

said

as

it

manner:

published
State

shall

Consultants

has, heretofore,
who

Notice
Official

The

emergency.

Qualifications

to

forth

set

given

Commission,
in

General

to

Employees

Contract

consideration

consultants

or

with

qualified

shall

rules

and

qualications set forth herein, actual and potential
of the
proceeding, prior performance evaluations,
favorable

of

process.

budget
requirements of

attorneys

consultations

RFP

a

limited

not

made
is

submit

other

of

procurement

a

the

formal

a

after

Secretary,

authorize
of

employment

the

declare

may

shall

consultants

specically including,
D.

Commission,

emergency
the

the

basis,

emergency
the

without

require

circumstances

Journal

in

the

Louisiana

specifying

the

Bar

Journal,

criteria

and

General

the

Commission’s

qualifications
Order

dated

set

Official
forth

in

11/10/14

Page

2

this

 General

Order

professional
insurance

which

by
sheet

for

Consultants:
State

Journal

and

a

those

Notice

shall

be

national

client

trade

From
determine

the

the

qualied

individuals

list.

Commission’s

firms

file

interested

a

of

their

copy

of

all

Ofcial
forth

set

parties to

submit

professional

Bulletin

in

interested

this

to

with

advice

be

from

the

liability

qualication
kept containing the

the

Order

Official

by

professional
also

may

which

resumes

be

placed

in

desired.

Ofce

the

and

General

submit

parties
appropriate, advertisements
particular type of consultant

consultant

a

who

and/or

attorneys

General

of

Commission’s

meet

shall

above,

qualied

required

information

all

of

General

requirements
information

shall

Counsel,

and

eligible to
by all pre-

are

submitted

firms.

the

Ofce

the

serve

Secretary,

A

to

inviting

deemed

the

and/or

for

and

qualifications

and/or

Commission.

List

list

the

inviting

When

that

journals

addition

In

in

and

and

attorneys

represent

Consultant

criteria

applicants,

which

client

published

the

selected,

representative

and

selected,

consideration.

specifying

consultants

be

representative

a

resumes,

face

shall

attorneys

Counsel

for

and/or

attorneys

wishes

consultants

be

to

may

consideration.

added

submit

Such

consultants

above

Commission

shall

the

to

request

a

request

a

described

the

to

such

include

the
their

demonstrating

qualications.
F.

Evaluations

Performance
Following
to

pursuant
evaluation

this

the

Order,
the

on

of

completion
form

Staff

attached

proceeding wherein
member(s) assigned to

counsel

a

hereto.

This

form

the

project

be

may

consultants

or

will

modied

complete
required

as

retained

were

a

performance
from

time

to

time.

Q

CRITERIA

In

order

conditions

placed

qualications

in

witnesses,
of

Law

regulation,

presentation
conduct

of
such

competence

of

other

or

of

of

one

be

the

Commission’s

Consultant

the

Lists,

following

met:

Firms:

presentation

the

the

on

must

and

Attorneys

experienced
public utility
including the
indicia

be

to

and

A.

QUALIFICATIONS

AND

of

Representatives

involving accounting,

cases

issues

regulatory

witnesses

direct

on

examination,

the

as

of

taxation

at

a

and

administrative

on

discovery,
taking
previous experience and
and

shall

applicants

minimum

depreciation,
judicial levels,

or

and
examination

cross

of

appeals,
handling complex
with

be

success

adverse

given

consideration

to

success

cases,

appeals, publications
legal
previous
in the litigation
of matters
employment suggesting competence
involving taxation,
depreciation,
nancial
accounting, public utility regulation,
dealings such
mergers;
significant personal
before
such
the
other
similar
entities
SEC, FERC,
FCC,
practice
regulatory agencies
may
be
favorable
factor.
Firm
size may
be considered
in matters
to
be
likely
prolonged, complex,
involving multiple forums.
of

on

educational

nature,

a

achievement

or

and

other

as

as

or

a

or

to
the Supreme
applicants shall have been admitted
practice before
Court
of Louisiana
and actively engaged in the practice of law
for at least
ve
If the
(5) years.
work
federal
involves
before
of
must
be
court,
legal
litigation
representative
applicant
admitted
to
the court
of original jurisdiction
well
the applicable federal
practice before
court
and
the
Court
of
the
United
have
to
believe
that
States,
appellate
Supreme
he/she
would
not
be qualied
to
the applicable federal
the
practice before
appellate court
of
well
Court
the
United
States.
future
that
could
Previous,
Supreme
present
employment

Representatives

of

a

an

as

as

or

no

reason

or

as

result

in

State

Bar

of

a

conict

of

Association
shall

interest
shall

disclose

as

be
all

detailed

in

the

as

Rules

or

of

Professional

Conduct

of

the

Louisiana

In addition,
prominently and separately disclosed.
representatives
and
future
previous, current,
anticipated
representation of clients,

applicants
before
the LPSC,
other
similar
federal
bodies
otherwise,
local, state,
through testimony
with
the
of
matter
that
arises
out
of
is
charged
involving any
regulation
public utilities,
matter
for
which
the
factual,
legal,
substantially related
by
regulatory issues to
consultants
to
be
of
whether
this
would
be
retained,
seeking
regardless
representation
or

or

or

or

common

or

a

are

General

Order

dated

11/10/14

Page

3

 considered

conict

a

of

interest

professional liability
dollars
($1,000,000.00) per
B.

described

as

insurance

above.

providing

coverage

the

applicants

of

Representatives
in

minimum

of

amount

have

must

million

one

claim.

Consultants:

minimum
be experienced in
Representatives of applicants shall at
and
records
of
and
analyzing
operations, books,
utility companies
qualied to render
to
such
matters
return
expert
testimony with respect thereto, including but not limited
inter—
and
intra-class
for
rate
allocations,
equity, capital structure,
expenses
recognized
making
In
addition,
purposes,
development of rate base, depreciation, and taxation.
representatives of
all previous, current,
and
applicants shall disclose
anticipated future
representation of clients,
before
the LPSC
other
similar
federal
bodies
otherwise,
local, state,
through testimony
with
the
of
matter
that
arises
out
of
is
utilities,
charged
regulation
public
involving any
related
matter
for
which
the
factual,
substantially
by
legal,
regulatory issues to
consultants
to
be
of
whether
this
would
be
retained,
seeking
regardless
representation
a

in—depththe

as

or

or

on

or

or

common

or

a

are

considered

conict

a

of

Favorable

consideration

background

educational

practice, publication
agencies,
practice
matters.
The
complex

of

C.

For

as

familiarity

factors

L
For

all

work

to

be

with

and

favorable

consultants,

the

subject
knowledge is

matter

explored,
suggestive

not

size

consideration

be

to

deemed

time

devoted

be

factor

a

given

specific knowledge

or

of

also

may

utility
regulatory

be

may

as

to

other

employment by
Firm

such

competence,

of

in

such

to

given

a

conict.

GUIDELINES:

conducted
forth

set

consent.

N
the

by

of

of

neither
for

Commission

which

its

will

sole

will

be

fees

and

Commission,
will

amounts

alteration
at

the

prices
budget specifying separately

estimated

requests

0

behalf

on

total

a

performed,

determined

similar

a

be

to

Commission

achievement,

scholarly articles,
previous
them, of
non-conicting nature.
submission
of referrals
is encouraged.

matters

and

given to factors pointing toward
practical experience, length of

be

and

such

BILLING

basis

and

attorneys

provided

company,

the

both

will

before

or

hourly

interest.

be

granted

discretion

be

altered

except

in

to

pursuant

a

quoted

an

and

expenses

thereafter

without

circumstances

extreme

Fee

on

Docket

Adjustment

(“F.A. Docket”).
The

(either

Commission,

requiring

total

a

exception,

the

of

All

performed,
additionally

not

duration

of

rendered

the

bills

will

the

person

show
in

the

Policies

where
and

conform

RFPs

with

applicable,
Procedures

to

the

proof

Order
shall

requests

or

billed

amount

detailed

Order)

this

by
RFP

for

of

shall

date

in

require

be

the

time

and

the

expenses

reimbursed

Memorandum

other
a

specically

shall

and

without
that

specify

pursuant

respects.

Absent

a

estimated

budget.

charge

for

such

original

guidelines.

this

to

or

and

and

included,
RFP

identify

total

a

request

specific

describe

all

work

work,

and

shall

Bills

will

estimate.
shall

Expenses

also

be

attached.

at

issued

total

authorized

Commission’s
such

all

proposals

contracts

shall

request

or

solicit

to

that

this

to

monthly and
performing such work,

accordance
with

require

but

rendered

total

strict

Expenses,
Travel

be

the

instances,

Staff

contract.

shall
all

permitted

as

such

Commission

be
hourly billing rates
in
contracts
awarded
Additionally,
than
negotiate lower hourly rates
proposed. The

the

may

Commission,

In

direct

may

not,

or

budget.
required,

Commission

separatelydisclosed

the

is

the

discretion,

RFP,

responsive proposals

the

directive

be

estimated

for

maintained,

formal

a

budget

estimated

and

to

pursuant

its

at

state

by

the

authorized
State

of

rates

as

Louisiana,

specified

in

Division

of

(“Allowable Expenses”). This
expenses
memorandum
be found
at
http://wwwdoa.louisizma.gov/osp/traveI/truvelpolicv.htm.
Any
that exceed
the Allowable
expenses
Expenses shall be borne by the contract
employee and shall
not
be reimbursed
the
the
otherwise
Commission,
by either
correspondent utility, unless
specied by the Commission.
Administration

in

effect

at

the

time

such

are

incurred

can

or

General

Order

dated

11/10/14

Page

4

 Vi

COMMISSION

The

above

and

Executive

General

IT

IS

1.

Staff’

This

s

ORDER

outlined

order

hires

OF

November

be

10,

THE

the

Commission

Commissioner
Staff’s

and

amendments

effective

subsequent

to

immediately
its adoption.

6, 2014

by

draft

Business

Commissioner

General

Order

to

the

4, 2004

August

was

General

and

shall

apply

to

all

RFPs

and

to

COMMISSION

LOUISIANA
2014

ERIC

F.

SKRME

/S/

/S/

F.

ERIC

CLYDE

IV
CHAIRMAN

FOSTER

L.

DISTRICT

CLYDE

HOLLOWAY

L.

CAMPBELL

CAMPBELL

FOSTER

LAMBERT

C. BOISSIERE

DISTRICT

III

COMMISSIONER

S/ SCOTT

C.

V

COMMISSIONER

/S/

SKRMETTA

C. HOLLOWAY

DISTRICT
VICE

T TA

I

CHAIRMAN

SECRETARY

November
seconded

hereby adopted.

DISTRICT

KAHAO

its

Recommendation

recommending the
is

/S/

EVE

at

Skrmetta,

THAT

above,

shall

by
of

approved,

Recommendation,
as

ROUGE,

BATON

Motion

ORDERED

Commission

BY

considered

was

On

unanimously

THEREFORE

Order,
2.

Order

Session.
and

Campbell,
adopted.

CONSIDERATION

LAMBERT

A.

DISTRICT
COMMISSIONER

C.

BOISSIERE,

III

ANGELLE
II
SCOTT

General

A.

AN

Order

GELLE

dated

11/10/14

Page

5

all

 RF P PERFORMANCE

EVALUATION

RFP#

Contractor

Total

Name:

Bid

Actual

Amount:

Amount

Billed:

and

Beginning
Contract

Fees

End

Expenses
Fees

Date

of

Engagement

Expenses
Begin

End

Modications:

Number:

FA

Reasons

for

Docket

Y/N

modification:

Scope of Representation:
Deliverable

Products:

encountered,

Problems

Billing Issues,
Overall

Name,

if any:

(check one)

Performance

Weak

Satisfactory

_

Unsatisfactory

_

Points:

Strong

Points:

Would

you

Date

if any:

and

recommend

Signature

the

of

Commission

Reviewer:

Retain

this

consultant

again?

Y/N