Discrimination As a Sword for the Poor: Use of an “Effects Test” in Public Utility Litigation

This Article looks at how the "effects test" might be applied in the utility area. Part I discusses the definition and application of the prohibition against "discrimination" in utility cases. Part II examines the use of an "effects test" in the non-utility context. Part III describes how such an analysis can be used in seeking to prove utility discrimination.

Part IV provides illustrative uses of an "effects test" in customer service situations and reviews one particular case to determine if application of this test might have given rise to different results.