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Can I charge different prices to different customers without violating discrimination laws in Maine? What are the requirements?
According to the Maine law, price discrimination is prohibited [1.1]. Therefore, charging different prices to different customers may be considered discriminatory and illegal. However, there may be exceptions to this rule.
One exception to the prohibition of price discrimination is the minimum charge requirement for utilities [2.1]. Any transmission and distribution utility serving more than 5,000 customers that has a residential rate combining energy and demand costs in a single rate that neither declines nor increases, but is flat as consumption increases shall recover its customer costs through the same rate. As part of that rate, each such transmission and distribution utility shall provide for a minimum charge to include such an amount of kilowatt hours as the commission determines. The minimum charge must be billed to the customer in such a manner that all transmission and distribution charges to the customer for residential service appear on the bill as a single item.
Regarding the accuracy of billing systems, a transmission and distribution utility shall conduct testing of its metering and billing systems in accordance with rules adopted by the commission [2.3]. The commission shall amend or adopt rules governing the testing of the metering and billing systems of transmission and distribution utilities to ensure accuracy regarding the measurement of the usage of electricity and the determination of customer bills.
We could not find any other specific requirements or exceptions to the prohibition of price discrimination in Maine law. Therefore, we recommend consulting with a legal expert in Maine to determine the specific requirements and exceptions for your situation.
Source(s):
- [1.1] Price discrimination prohibited (REPEALED)
- [2.1] Minimum charge
- [2.3] Metering and billing system accuracy
Jurisdiction
Maine