Otter Creek Solar LLC v. Vermont Public Utility Commission

Summary

The Vermont Supreme Court affirmed dismissal of Otter Creek Solar LLC’s superior court appeal challenging the Vermont Public Utility Commission’s denial of its request to propound interrogatories to the Commissioners. The Court held that 3 V.S.A. § 809b applies to subpoenas and discovery orders compelling action, not to an agency order denying discovery or seeking information from quasi-judicial decisionmakers. The Court also noted that deliberative-process principles protect Commissioners from inquiry into their decisionmaking.

Holdings

1. Section 809b does not provide a mechanism to challenge an agency order that denies a request for information or discovery because the statute applies to subpoenas or discovery orders compelling an individual to act.
2. The superior court lacked subject matter jurisdiction because the PUC's order denying Otter Creek's discovery request was outside the scope of 3 V.S.A. § 809b.

Questions Presented

1. Whether 3 V.S.A. § 809b authorizes a superior-court proceeding to challenge an agency order denying a request for interrogatories directed to agency commissioners.
2. Whether the superior court had subject matter jurisdiction over Otter Creek's challenge to the PUC's denial of discovery.

Disposition

affirmed