Alaska Stat. » Chapter 41.98
Alaska Statutes

Alaska Stat. § 42.05.391 (2026)

Discrimination in rates

✓ current as of July 2026
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Sec. 42.05.391. Discrimination in rates.
 (a) Except as provided in AS 42.05.306, a public utility may not, as to rates, grant an unreasonable preference or advantage to any of its customers or subject a customer to an unreasonable prejudice or disadvantage. A public utility may not establish or maintain an unreasonable difference as to rates, either as between localities or between classes of service. A municipally owned utility may offer uniform or identical rates for a public utility service to customers located in different areas within its certificated service area who receive the same class of service. Any uniform or identical rate shall, upon complaint, be subject to review by the commission and may be set aside if shown to be unreasonable.

 (b) A rate charged by a municipality for a public utility service furnished beyond its corporate limits is not considered unjustly discriminatory solely because a different rate is charged for a similar service within its corporate limits.

 (c) A public utility may not directly or indirectly refund, rebate or remit in any manner, or by any device, any portion of the rates and charges or charge, demand, or receive a greater or lesser compensation for its services than is specified in its effective tariff. A public utility may not extend to any customer any form of contract, agreement, inducement, privilege, or facility, or apply any rule, regulation, or condition of service except such as are extended or applied to all customers under like circumstances. A public utility may not offer or pay any compensation or consideration or furnish any equipment to secure the installation or adoption of the use of utility service unless it conforms to a tariff approved by the commission, and the compensation, consideration, or equipment is offered to all persons in the same classification using or applying for the public utility service; in determining the reasonableness of such a tariff filed by a public utility the commission shall consider, among other things, evidence of consideration or compensation paid by a competitor, regulated or nonregulated, of the public utility to secure the installation or adoption of the use of the competitor's service.

 (d) Nothing in this section prevents a public utility from charging reduced rates to customers transferred to it from a competing utility provided the reduction is an integral part of a contract, arrangement, or plan to eliminate the overlapping of service areas or to minimize duplication of facilities and competition between public utilities.


Notes of Decisions
Cited in 5 cases, 1973–1995 · leading case: United States v. RCA Alaska Commc'ns, Inc., 597 P.2d 489 (Alaska 1979).
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United States v. RCA Alaska Commc'ns, Inc., 597 P.2d 489 (Alaska 1979). · cites it 2× “In addition, AS 42.05.391(a) prohibits utilities from granting an "unreasonable preference or advantage" to any customer or from subjecting a customer to an "unreasonable prejudice or disadvantage;" the section further states, "No public utility may establish or maintain an…”
Oil Heat Inst., Inc. v. Alaska Pub. Serv. Corp., 515 P.2d 1229 (Alaska 1973). · cites it 5× “Alaska Public Service Corporation filed as a tariff 'revision its ‘Pipe Now —Save Now’ program for the sole purpose of compliance with AS 42.05.391(c), and not as a new program offering.”
Glacier State Tel. Co. v. Alaska Pub. Utils. Comm'n, 724 P.2d 1187 (Alaska 1986). · cites it 2× “AS 42.05.391(a) forbids a utility to maintain unreasonable discriminatory rates between classes of services.”
Jager v. State, 537 P.2d 1100 (Alaska 1975). “AS 42.05.391(a) provides: Discrimination in rates.”
Alaska Pub. Utils. Comm'n v. Mun. of Anchorage, 902 P.2d 783 (Alaska 1995). “AS 42.05.391(c). . A public utility may not establish or place in effect any new or revised rates, charges, rules, regulations, conditions of service or practices except after 45 days notice to the commission and 30 days notice to the public.”
— Alaska Stat. § 42.05.391(a) — 3 cases
United States v. RCA Alaska Commc'ns, Inc., 597 P.2d 489 (Alaska 1979). “In addition, AS 42.05.391(a) prohibits utilities from granting an "unreasonable preference or advantage" to any customer or from subjecting a customer to an "unreasonable prejudice or disadvantage;" the section further states, "No public utility may establish or maintain an…”
Glacier State Tel. Co. v. Alaska Pub. Utils. Comm'n, 724 P.2d 1187 (Alaska 1986). “AS 42.05.391(a) forbids a utility to maintain unreasonable discriminatory rates between classes of services.”
Jager v. State, 537 P.2d 1100 (Alaska 1975). “AS 42.05.391(a) provides: Discrimination in rates.”
— Alaska Stat. § 42.05.391(c) — 2 cases
Oil Heat Inst., Inc. v. Alaska Pub. Serv. Corp., 515 P.2d 1229 (Alaska 1973). “Alaska Public Service Corporation filed as a tariff 'revision its ‘Pipe Now —Save Now’ program for the sole purpose of compliance with AS 42.05.391(c), and not as a new program offering.”
Alaska Pub. Utils. Comm'n v. Mun. of Anchorage, 902 P.2d 783 (Alaska 1995). “AS 42.05.391(c). . A public utility may not establish or place in effect any new or revised rates, charges, rules, regulations, conditions of service or practices except after 45 days notice to the commission and 30 days notice to the public.”
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