Citizens of the State Ex Rel. Office of Public Counsel v. Florida Public Service Commission & Utilities, Inc.

The Office of Public Counsel (OPC) appeals the denial of its petition for declaratory statement by the Florida Public Service Commission (PSC). OPC sought a declaratory statement as to Public Counsel’s right, if any, to conduct discovery in rate cases pending before the PSC under the proposed agency action (PAA) procedure, before proposed agency action is decided upon. But the PSC denied OPC’s petition for declaratory statement on grounds that the petition failed to meet the requirements for obtaining a declaratory statement under section 120.565, Florida Statutes (2014). We reverse and…