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.