Request #19-4039


Pursuant to the Louisiana Public Records Act § 44:1 et seq., I am requesting to obtain electronic copies of public records that pertain to solar development in Orleans Parish.  Specifically, I am looking to discover the ITEP agreement terms for solar site 20180147-ITE (AB Patterson Solar Plant) developed by Entergy for New Orleans.


Records regarding the Louisiana Board of Commerce and Industry’s Louisiana Industrial Ad Valorem Tax Exemption Program (ITEP) fall under public records in that the Louisiana Public Records Act allows the viewing of materials concerning the receipt of any money received by or under the authority of the constitution or laws of the state, and records regarding public funds such as those gathered by taxes (State ex rel. Guste v. Nicholls College Foundation, 592 So.2d 419 (La. App. 1 Cir. 1991)).  Additionally, the terms of public solar development fall under public interest in that the developments create jobs and revenue for Orleans Parish as a whole, including its taxpayers, who would be interested in understanding what tax cuts may be given to the developers. Within the ITEP terms, I am attempting to discover the taxable asset depreciation basis for this particular solar project, which may be found in its ITEP agreement. I am already in possession of other aspects of the ITEP agreement such as its millage rate.

If there are any fees for searching or copying these records, please inform me in advance.

Section 44:32(D) of the Louisiana Public Records Act requires a response within three business days.  If access to the records I am requesting will take longer than that time period, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you very much for your time and for considering my request.


June 25, 2019 via web


June 28, 2019


City Council - Utilities


Mary Tilton






Point of Contact

Law Admin 02

Request Published Public
June 26, 2019, 3:45pm
Request Closed   Hide Public

Ms. Tilton:


The City of New Orleans is not the custodian of the records you seek. The City's Council Utilities Regulatory Office states that the City has no records and that the Industrial Tax Exemption Program (ITEP) is a state incentive program. You may wish to contact the Louisiana Department of Economic Development's Public Records Office at to submit your records request.


The City does not have records responsive to your request.


City Attorney's Office
City of New Orleans
1300 Perdido St., Ste. 5E03
New Orleans, LA 70112

June 26, 2019, 3:45pm
Department Assignment Public
City Council - Utilities
June 25, 2019, 4:26pm
Request Opened Public
Request received via web
June 25, 2019, 4:26pm