Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 702 (2026)

Unjust discrimination

✓ current as of May 2026

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1. Unjust discrimination. It is unlawful for a public utility to give any undue or unreasonable preference, advantage, prejudice or disadvantage to a particular person.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

2. Solar energy. No public utility providing electric or gas service may consider the use of solar energy by a customer as a basis for establishing higher rates or charges for energy or service sold to the customer.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

3. Service and facilities. Every public utility providing transmission and distribution or gas service, upon reasonable notice, shall furnish to all persons who may apply for facilities and service, suitable facilities and service consistent with policies approved or established by the commission, without undue delay and without unreasonable discrimination.

[PL 1999, c. 398, Pt. A, §17 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

SECTION HISTORY

PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A17 (AMD). PL 1999, c. 398, §§A104,105 (AFF).

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1994–2023 · leading case: Bruce D. Taylor v. Pub. Utils. Comm'n, 2016 ME 71 (Me. 2016).

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Bruce D. Taylor v. Pub. Utils. Comm'n, 2016 ME 71 (Me. 2016). · cites it 3× “§ 309 (2015), regarding tariff rates; 35-A M.R.S. §§ 702, 703 (2015), regarding special contracts; and 35-A M.”

Off. of the Pub. Advocate v. Pub. Utils. Comm'n et al., 2023 ME 77 (Me. 2023). · cites it 2× “§ 301(3) (2023), and “undue or unreasonable preference” of Bucksport Generation over other Bangor Gas customers, in violation of 35-A M.R.S. § 702(1) (2023). The Public Advocate also argues that the Commission’s order should be vacated because the Commission relied on…”

Conservation Law Found. v. Pub. Utils. Comm'n, 2018 ME 120 (Me. 2018). · cites it 2× “§ 3209(3) (2017), and unjust discrimination, see 35-A M.R.S. § 702(1) (2017). The Commission has moved for dismissal of the appeal, arguing that original jurisdiction over challenges to the Commission’s promulgation of a rule lies exclusively with the 1 All four appellants join…”

Conservation Law Found. v. Pub. Utils. Comm'n, 192 A.3d 596 (Me. 2018). · cites it 2× “§ 3209(3) (2017), and unjust discrimination, see 35-A M.R.S. § 702(1) (2017). The Commission has moved for dismissal of the appeal, arguing that original jurisdiction over challenges to the Commission's promulgation of a rule lies exclusively with the Superior Court.”

Holmquist v. New England Tel. & Tel. Co., 637 A.2d 852 (Me. 1994). “Rather, when “comparable services” are provided, customers should pay “comparable rates and charges” for those services.”

— Me. Rev. Stat. tit. 35-A, § 702(1) — 5 cases

Bruce D. Taylor v. Pub. Utils. Comm'n, 2016 ME 71 (Me. 2016). “§ 309 (2015), regarding tariff rates; 35-A M.R.S. §§ 702, 703 (2015), regarding special contracts; and 35-A M.”

Off. of the Pub. Advocate v. Pub. Utils. Comm'n et al., 2023 ME 77 (Me. 2023). “§ 301(3) (2023), and “undue or unreasonable preference” of Bucksport Generation over other Bangor Gas customers, in violation of 35-A M.R.S. § 702(1) (2023). The Public Advocate also argues that the Commission’s order should be vacated because the Commission relied on…”

Conservation Law Found. v. Pub. Utils. Comm'n, 2018 ME 120 (Me. 2018). “§ 3209(3) (2017), and unjust discrimination, see 35-A M.R.S. § 702(1) (2017). The Commission has moved for dismissal of the appeal, arguing that original jurisdiction over challenges to the Commission’s promulgation of a rule lies exclusively with the 1 All four appellants join…”

Conservation Law Found. v. Pub. Utils. Comm'n, 192 A.3d 596 (Me. 2018). “§ 3209(3) (2017), and unjust discrimination, see 35-A M.R.S. § 702(1) (2017). The Commission has moved for dismissal of the appeal, arguing that original jurisdiction over challenges to the Commission's promulgation of a rule lies exclusively with the Superior Court.”

Holmquist v. New England Tel. & Tel. Co., 637 A.2d 852 (Me. 1994). “Rather, when “comparable services” are provided, customers should pay “comparable rates and charges” for those services.”

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