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Item U02 U.2 BOARD OF COUNTY COMMSSIONERS County of Monroe fma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: U.2 Agenda Item Summary #7481 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 n/a AGENDA ITEM WORDING: Approval to reimburse the Florida Keys Aqueduct Authority in the amount of$53,365.25 for 50% of the legal fees generated by Lewis, Longman, and Walker, P.A. to date for the administrative challenge to the Turkey Point NPDES permit. ITEM BACKGROUND: The FKAA is challenging a National Pollution Discharge Elimination Permit (NPDES) issued by the Florida Department of Environmental Protection (FDEP) to Florida Power & Light (FPL) for operation of the Turkey Point Nuclear Power Plant due to the impacts on the FKAA's wellfields in Florida City. The County intervened in support of the FKAA. The FKAA and the County jointly retained Lewis, Longman, & Walker, P.A. (LLW) to represent them in the permit challenge with the understanding that the County would reimburse the FKAA for 50% of the amounts it paid to LLW. The FKAA has presented proof of payment of two (2) invoices totaling $106,730.50 to LLW. The County's 50% share would be $53,365.25 for both invoices. The FKAA board is scheduled to approve payment of two subsequent invoices on 10/28/20. PREVIOUS RELEVANT BOCC ACTION: On 6/4/20, the BOCC authorized the County Attorney to intervene in the FKAA's permit challenge and to retain Lewis, Longman & Walker, P.A. to jointly represent the County with the FKAA. On 7/15/20, the BOCC approved the agreement with Lewis, Longman, and Walker, P.A. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 07-24-2020 CK 70232 07 24 20 08-28-2020 CK 70930 08 28 20 Packet Pg.4505 U.2 ; FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: $53,365.25 Current Year Portion: FY20 $53,365.25 Budgeted: Yes. Source of Funds: 67501-530318 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Additional invoices will be presented once proof of payment is submitted by the FKAA. Revenue Producing: n/a If yes, amount: n/a Grant: n/a County Match: n/a Insurance Required: n/a Additional Details: 09/30/20 001-67501 COUNTY ATTORNEY GENERAL $53,365.25 FY20 REVIEWED BY: Bob Shillinger Completed 10/13/2020 3:11 PM Abra Campo Completed 10/13/2020 3:53 PM Bob Shillinger Completed 10/13/2020 4:11 PM Purchasing Completed 10/13/2020 4:13 PM Budget and Finance Completed 10/13/2020 4:14 PM Maria Slavik Skipped 10/13/2020 4:10 PM Liz Yongue Completed 10/13/2020 4:23 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg.4506 IBE RIABAN U2.a FLORIDAKEY ' AQUEDUCT AUTHORITY hc?y West, FL, 33040 du.? #`I 01 'r, I F 1,1100 CKENNEDY DR KEY"'J WEST, FL. OPERATION FUND to the Oita,ofo ! 5 Lewis Longman Walker � �"� � � k"o —V� 0 f 515 North Ragler Ex.,SLOU' 1500 L f i �r`f P 0 J J i 0 m- pKAA Check NUml+gr: 07023, TO: Lewis Longman Walker TC"t41F'0000000355 F:)aLe� 07/24/202s i i Invoic ce Nunibrer Date L7c.saiption 1,10 Nuit ber Amount Discount Paid Amount i2 i 0 2 i CL CL 04 le N I N N N N r N r I +s i TOTALS. .;3=:9t1,3tJ�.4F�1 $g 00 Packet Pg.4507 k t 4 Requisition for Check To* Le�vws Longman&'Walker U Address _t � tY.f ,� _ ,e 0.�> y 515 North Hagler Deice, Suite 1500 L rr l Crj West Palm Beach FL 0 J Mail Options r MaR r Hold Cn Requisitioners J Deanna Esquinaldo Date 7f2312020 0 Approval* Robert FOdman Date 7123/2020 Quantity Account Number Description Amount 1 1-1011- 3300-10 contractual services-legal 48306.00i 0 "fatal Amounts` $4,8306,00 0 L- supplemental 07-22-2020 LL W May&Jwie 2020 pctf 5 6.44K13 CL CL DoCUmentation N le N I N N r— N N r N r U Packet Pg.4508 U2.a Action History (UTC-05 00) Eastern Time(US&Canada) subrrk by Deanna EsgWnaldc t23/2020 11:15:43 AM(Start) Approve by Robert Feldman 7/23/2020 2: 2.47 P (Supervisor Review) Data Entcred in by Diancy Fundora 7/23/2020 2: 7:30 Pit(Finance Team Approval) systcM u 0 0 J J 0 a) a) L- 0 0 CL CL I N I N CO N N N r N r u Packet Pg.4509 U2.a BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY AGENDA ITEMSUMMARY AGENDA ITEM: CCC-01 CONSENT: REGULAR: July 2020 Office of Counsel MEETING DATE: DIVISION: AGENDA TITLE: U Consideration to approve payment to Lewis, Longman & Watker for Professional Services Rendered and Expenses Incurred for the month of May and June 2020 regarding defense for potential administrative challenge to Florida Power& Light's NPDES Permit for Turkey Point Cooling Canal System 48,306.00. ITEM BACKGROUND: This law firm, under primary consultation of Stephen A. Walker is representing the Authority in defense for potential administrative challenges to FPL NPDES Permit for Turkey Point Coaling Canal System, Discussions are underway with Monroe County to intervene with the Authority and will share in the expenses in these proceedings. J 0 PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: STAFF RECOMMENDATION (MOTION): The Board of Directors approve payment to Lewis, Longman & ''walker for professional services rendered L- L- and expenses incurred for the months of May& June 2020 in the amount of 48,306.00. o 0 2 CL SUPPLEMENTAL INFORMATION: CL i i DOCUMENTATION Included: To-follow: ��� Not Required. El co Cost to FKAA: 48, 06.00 BUDGETED: Yes [.:,�(j No ..,� r° Cost to Others: Total Cost: 46306.00, DEPARTMENT. Executive DEPARTMUMENT MANAGER APPROVAL: ;� " Reviewed by: Internal Auditor General Counsel: � � � Executive Director BOARDS ACTION: U Approved: Tailed Li Disapproved.0 Recommendation Revised:�r Comments: Date. 7.cka,,jQL1 0 Recording Clerk Packet Pg.4510 U2.a N L LW '1 LONG ,AN e'er Palm Beach,rL 33401 WALKER M.561-640 0 2r Fax 561-640-8202 afar ID No. C 5-0500793 U 0 Florida Keys Aqueduct Authority July 13, 200 C/O Robert T. Feldman, General Counsel Invoice No. AJB-136327 1100 Kennedy Drive Key West, FL 88040 CLIENT: 6439- Florida Keys Aqueduct Authority 0 Re: 001 NPDFS Permit Challenge VIA ELECTRONIC MAIL J Date Services Hours Amount 0 05/211 g CLIP Conference call with A. Baumann regarding new case 0.80 0.00 details and documents needed for review. g 1 1 g SAW Prepare for and attend phone call with L, Reynolds, et 1.98 0.00 al regarding possible participation in challenge to Florida Power& Light Company permit; review and analyze correspondence from F. Swakon regarding county status; review and analyze correspondence from L. Reynolds regarding 'South Florida Water Management district meeting; review and analyze follow up from E. Swakon regarding county response. L- CL CL 0 1 71 g AJS Draft, edit and finalize scope letter„ prepare for and 1.40 0.00 attend conference call with client regarding Petition and strategy; work session regarding initial steps. I 05/ 71 g SAW Prepare for and attend phone call with T. Walker, R. 0.90 0.00 Q i Feldman regarding Florida Keys Aqueduct Authority 04 representation; review and analyze correspondence N from L. Reynolds regarding South Florida Water � Management District meeting. 05/28120 AJB Work session with S. Walker regarding preliminary 320 0.00 steps and staffing of matter, edit scope of services Q letter and finalize same; work session regarding organization of information and documents available on OULUS; review and analyze portions of same. Q) U Packet Pg.4511 U.2.a Client Fief. 6430- 001 July 18, 2020 Invoice No. AJB-1 6327 Page 2 Cate Services Hours Amount 0512012.0 MAL Attention to Clean Water Act Petition; review 0.60 117.00 document management system for sample of Clean U Water Act Complaint and Notice of Intent;forward 0 same to A. Baumann; 0512 120 :SAW Review and analyze correspondence regarding bay 2.80 0400 experts; follow ups review and analyze correspondence from R. Feldman regarding bay CU issues; phone call with T. Walker=regarding Monroe County call; prepare for and attend phone call with Florida Keys Aqueduct Authority and Monroe County regarding participation in Florida Power& Light Company challenge; phone call with T. Walker' R. Feldman regarding follow up; work session regarding bay side issues and potential Monroe County Petition 0 to Intervene. 0512912 A JM Telephone conference with A. Baumann and S. 3.80 0.00 Walker regarding Turkey point issues and strategy; Zoom conference with L. Reynolds, J. Fourqueren, and W. Tuttle regarding Turkey Point Biscayne Bay and Biscayne Aquiferlpotable well threat issues; review April 8, 2020 position statement letter to Florida Department of Environmental Protection and Miami bade County, and related documents. 05/29/20 AJB Review and analyze Florida Department of 2,30 770.50 2 CL Environmental protection OCULUS documents;work CL session with A. Malefatto and conference call regarding Petition and possible:intervention. i 05/30120 SAW Review and analyze correspondence regarding bay 1.30 0.00 issues and available science; correspond with A. Q Baumann, A. Malefatto regarding same; review and CO analyze correspondence regarding.draft Clean Water Act Petition; review and analyze correspondence on matter. 05/31/20 CAW Review`and analyze correspondence regarding drat 0.40 0.00 Clean Water Act petition,; correspond with X Malefatto regarding bay issues. 06/01120 FLA Participate in conference call; review emails related to 2.00 042.50 NPDES permit and Petition challenging same; review background documents and applicable regulatory provision for inclusitrn in petition. CU Packet Pg.4512 U.2.a Client Ref, 6430- 001 July 1 , 2020 Invoice No.AJ13-136 7 Page Date Services Houma Amount 06/01/20 CLB Draft expert retainer letters for E. Wexler, J.. hluttle 1.30 253M and E. Swakon and submit for review. U 0 06/01/20 AJM Review draft Turkey Point permit, client's April 3.20 1,072.00 comment letter, 2016 Florida Power& Light.Company Consent Order and R.. Santana's analysis of same, and other file documents in support of administrative challenge of Florida Power& Light Company's permit; CU telephone conference with E. Swakon. 06101/20 AJI3 Conference call to coordinate preparation of Petition; 2.40 804.00 review and analyze additional permit documents. 06101120 ATP prepare for and attend telephone conference 7.20 2,232.00 i regarding preparation of administrative petition; 0 research and review case and permitting history and begin drafting Petition for Administrative.Hearing; review documents provided via email by A. Nlalefatto and P. Aschauer. 0 /02/20 TLA Continue review of background documents and 1.30 42 M applicable regulatory provisions for inclusion in Petition for Administrative Hearing; draft brief summary of legal provision. 06102/20 CLB Review various documents to include April 8, 2020 2M 487.50 letter and Executive.Summary; Biscayne Bay Impacts CL summary, Consent Order, Legal.Analysis of Consent CL Order and the Permit, N 06/02/20 ATP Review documents research, and draft administrative 5.20 1, 12.00 lei petition and email same to litigation tearer for review; telephone conference to address draft administrative petition questions" review and incorporate email co information regarding requests.for extension of time. Q 0610 /20 AJB Review, analyze and mark-up rules and outline basis 2.10 703.50 of challenge to NPIDES and wastewater permit; review and analyze documents and notate same for use in Petition. r 0610 1 0 SAW Review and analyze correspondence from F. 0.70 0.00 � ,Asclx uer regarding pertinent statues and rules, review and analyze correspondence.from A. Petrick regarding draft Administrative petition. U V Packet Pg.4513 U2.a Client Ref: 64 v 00i July 1 39 00 Invoice No.AJB-136 27 Page 4 Cate Services Hours Amount 06103120 FL.A Working conference to coordinate preparation of graft 1.40 455.00 Petition and review of same. U 0 1031 0 CLB Conference call regarding information needed for 1.60 312.00 drafting of Petition; research Department of Environmental Protection website OCULUS for permit fife documents and begin to compile documents needed for future reference. 06/081 0 AJB Draft and edit Petition for Administrative Hearing. 330 I,t05.50 r- J 061081 0 ATP Edits to draft Petition; confer regarding edits and 5.10 1.891.00 incorporate same; locate and review documents in support of draft Petition. 0 06/001 0 SAW Telephone call with B. Feldman regarding status, 2.60 871.00 correspond with B. Feldman regarding follow up; review and analyze correspondence from B. Feldman regarding status of draft petitions; respond to same; review and analyze correspondence from B. Rippingille regarding Ocean beef interests in Florida Power&Light Company litigation; respond to same; review and analyze response; review and analyze i correspondence from A. Petrick regarding revised draft petition; correspond with Florida Keys Aqueduct Authority regarding same; review and analyze response from T. Walker, review and analyze CL C correspondence from A. Malefatto regarding edits to CL same, review and analyze correspondence from L. < Reynolds regarding board meeting; respond to same, correspond with B. Feldman regarding status of petition. �I 06/041 0 FLA Review and revise petition and distribute.same. 1.00 325,00 CO N 06104/ 0 CLB: Conference call with A. Baumann regarding additional 5M 1,092.00 data needed for the draft Petition and research and compile same;.cal f with A. Petrick and A. Baumann regarding final preparation of the Petition-proof Petitions, make edits as required and coordinate04 preparation for filing. r a� 0 1g41 0 AJB Draft, edit and finalize portions of Petitions; 3.20 1,07 .00 coordinate filing of Petitions. U V Packet Pg.4514 U2.a Client Ref: 64 9 y 001 July 18, 2020 Invoice No.AJIB-136327 Page 5 Date Services Hours Amount 0610 /20 AJIVI Telephone conference with E. Swakon regarding 1.50 502.50 DERM's position on draft FPL permit, salt water U intrusion issue; review edits to petition for hearing; 0 review comments from L. Reynolds and W. Nuttle; review final petitions. CU 0610 1 0 ATP Numerous emails (86 sent and received) and 6. 0 2,046.00 telephone calla (7 calf sent and received) regarding CU draft Petitions and edits to same; incorporate edits to draft Petition and separate into two Petitions for each challenger; finalize Petitions. 06104/ 0 SAW Prepare for and attend phone call with B. Rippingille 3.60 1206.00 regarding Florida Keys Aguedud Authority Florida Keys Fishing Guides Association issues with Florida 0 Power& Light Company; phone call with T. Walker, B. Feldman regarding comments on petition; review and analyze editsto Petition and provide feedback regarding same;work session regarding separating, petitions; review and analyze correspondence from T. Walker regarding Florida keys Aque uct uthority history; respond to same; review and analyze follow up correspondence regarding filing of petitions; i correspond with clients regardingsame; review and o analyze follow up; review and analyze correspondence from B. Rippingille regarding follow up from call; review and analyze correspondence L- CL from B. Rippingille regarding Ocean Reef letter; CL review and analyze responses. 06105/ 0 CLB Research and compile documents from the 2.50 487.50 Department of Environmental Protection website for further review and potential use at deposition and Q hearing; draft Task List for use by litigation team, draft co case contact list for use by litigation team. Q 06/051 0 SAW Review and analyze correspondence from E. Deady 0.80 U0 regarding petitions; respond to same; review and analyze stamped copy of Florida Keys Fishing Guides N Association petition; review and analyze Q correspondence frorn R. Feldman regarding saute, 06109120 FLA Working conference to coordinate initial tasks. 140 6.06 U Packet Pg.4515 U2.a Client Ref; 6439 001 July 13. 2020 Invoice No. AJB®1 6327 Page 6 Bate Services Hours Amount 06/091 0 CLB Review the Memo of Authority and other documents 1.60 312.00 compiled in preparation for uploading to database; attend conference call to coordinate creation of 0 database and receive direction regarding creation and management of same. 06/091 0 AJB Coordination of tasks and client contacts; initial trial CU .40 0,60 team coordination call and identify and assign tasks; CU follow up call with C. Blackwell and A. Petrick regarding initiation of document management. 0 J 06109/ 0 AJM Zoom tweeting with L. Reynolds, E. Swakon, D. Ritz, 1.60 603.00 W. Nuttle, and E. Wexler regarding Miami Dade County issues pertaining to,groundwater and Biscayne Bay contamination problems; initial trial 0 teary coordination call regarding litigation strategy. 06/09/ 0 ATP Prepare for and attend initial trial teem coordination 1.90 0.00 call with litigation team regarding strategy, pending tasks; review emails regarding telephone calls with stakeholders. 06/101 a0 FLA Review emerls related to expert contracts and edit 0.50 0.00 expert agreement; review email and task list. 0 0611 0/ 0 AJM Telephone conferences with T. Walker, L. Reynolds, 3.1510 t,17 ,50 E. Bwakon, et al., and W. Mayorga of DERM; follow L CL up telephone calls and email with L. Reynolds; CL telephone conference with E. wakon, exchange email with B. Ripping ille- email to LLW team concerning.call with W. Mayorga and related issues, lei 0611 01 0 CLB Review, edit and circulate task list;finalize.and 2.40 466,00 Q i distribute draft expert retainer agreements for Nuttle, 04 Wexler, Swakon, Fourqurean; and Martin; Q correspondence with E. Swakon and schedule conference calf accordingly-, create Everlaw database. 06/1 1/ 0 CLB Prepare for.and attend Webex with A. Petrick to 0,50 0.00 04 review coding and other features of database for client and receive feedback regarding same. � U Packet Pg.4516 U2.a Client Ref. 6430 - 001 July 13, 2020 Invoice No. AJB-1. 6327 Page 7 Darts Services Hours Amount 06/111 0 AJM review and respond to email from L. Reynolds. 0.50 167.50 regarding Miami-lade ounty's position and upcoming meeting, exchange entail with T. Walker 0 regarding same and position of Florida Keys Aqueduct Authority. Crj 06/111 0 SAW Review and analyze correspondence regarding 0.80 0.00 attendance at various meetings-, review and analyze response from T. Walker, L. Reynolds; CU review aria analyze correspondence from P.Aschauer regarding meeting with E. Swakon; review and analyze response. 06/1 7 0 FLA Review emails related to afternoon prep-sesslon with 190 942.50 E. akon; prepare for session with E. wakon; 0 review filed petition for potential amendment to same; attend conference call with E. Swakon. 06/1 1 0 ATP Prepare for and attend teleconference with E. 2.60 806,00 wakon; review emails containing documents related to Petition from E. Swakon, A. Malfatto, and emails from F. Aschauer. 0611 1 0 GLP Review Various emails from A. Malefatto with 5.00 1,150-50 0 information and summaries, update contact fist; update and distribute retainer letters and r quest direction regarding attachments needed; compile and L_ CL review documents retrieved from the Department of CL nvironmental Protection website and prepare them for uploading into Everlawa prepare for and attend Q conference call with trial team and E. Swakon to lei receive information and history regarding issues surrounding our allegations and receive direction regarding Public Records Request's to be drafted. CO N 06/1 120 AJM Webex meeting with E. wakon; follow up tasks in 1.50 502.50 � preparation for administrative hearing challenging Turkey Point permit: 04 0611 / 0 AJ13 Webex call with E. waron regarding points of 1.50 50 :50 Q challenge and review and analyze documents in 04 follow up to same. as U Packet Pg.4517 U2.a Client Ref: O N 001 July 1. , 2020 Invoice No.AJB-1 68 7 Page 8 Date Services Hours Amount 0611 1 0 SAW Review and analyze correspondence from C. 1.00 0.00 Blackwell regarding expert witnesses; prepare for and attend phone call with E. Swakon regarding Florida 0 Power& Light Company issues; review and analyze correspondence from E. Swakon,regarding Department of Environmental Resource Management CU records. 06/151 0 CLB Graft Public Records Request shells for Department 5.40 1,053.00 of Environmental Protection, South Florida Water Management[district, Division of Environmental Resource Management and Miami-Dade County and � Provide to litigation team; begin to review, compile and index documents from Miami-[fade and contained in a link received by E. Swakon. 0 06115120 ATp Review and respond to emails regarding document 1.40 404.00 management,tasks; inquire of litigation staff regarding stakeholder involvement, coordinate call with expert witness,work session regarding possible.amendment to Petitions, 06/161 0 CLB Continue to compile and index documents from 0.60 741.00 Miami-lade County in link provided by E. Swakon; update task list. 06/16/ 0 AJM Telephone conference with L. Reynolds regarding 0.70 0.00 2 CL Division of Environmental Resources Management CL issues and Miami Bade County Commission meeting; review L. Reynolds email to Division of Environmental Resources Management; work on Public Records lei Requests. 06/171 0 FLA Review background documents in advance of call 1:00 617.50 CO with K. Martin; participate in call with K Martin. Q 06/171 0 ATR Prepare for and attend expert witness telephone 0.40 1„054.00 conference with K Martin artid review documents provided by sane; prepare Joint Litigation Agreement and forward to litigation teem. Q 06/171 0 CLB Prepare for and attend conference call with A. 1.10 214,50 Petrick, F.Aschauer and K. Martin and coordinate document management and receipt of same; create links for ftp site for E. Swakon and K. Martin and provide access to same. Crj Packet Pg.4518 U2.a Client Ref. 6439 w 001 July 18, 2020 Invoice No.AJB-1363 7 Rage Date Services Hours Amount b611710 AJB Draft, edit and finalize portions of Public Records 1.00 885.00 Request to Miami-Dade County. 0 06/1,71 0 SAW Review and analyze correspondence regarding Joint 0.40 0.00 Representation Agreement. 061181 0 FLU Working conference to.coordinate bending and new 1.60 520.00 tasks. 06118/ 0 DLB Update and circulate task list; prepare for and attend 2A0 409.50 trial team coordination call and receive direction regarding document management and review. 0611 1 0 AJM Trial team call to coordinate pending and new tasks, 1.20 402.00 attention to new tasks. 0 061181 0� AJB Review, analyze and notate Department of 3.80 1,105.50 Environmental Protection permit file documents regarding 2016 Consent Order provisions; highlight additional provisions; coordinate new tasks and assign to trial team. 011810 ATP Review updated task.lit; prepare for and attend call 2.60 806.00 and coordinate new task assignments. 06/19/20 FLA, Cali with K Martin regarding Florida Power& Light 0.20 65.00 Company modeling efforts, email group. CL L CL 06119/ 0 ATP Finails regarding electronic docurnent management 1. 0 372.00 < system review; review email from F. Aschauer to A. Baumann regarding monitoring well data; review email with attachments from D. Blackwell regarding 1-1 legacy files relative to petition. co 06119/20 SAW Review and analyze correspondence from F. 0.20 67,00 Q Aschauer regarding Florida Power& Light Company groundwater model. 06/22120 FL.A Review draft Public Records Request and provide 0.40 180.00 comments to same. 0611 .0 CLB Review and proof draft Public Records Request to 0.60 117.00 Department of EnvironmentalProtection. U V Packet Pg.4519 U.2.a Client Ref: 630- 001 July 13,2020 Invoice No. AJB-1363 7 Page 10 Date Services Tours Amount 05122120 AJB Review, analyze and notate additional permitting 1.20 402.00 documents and follow up regarding edits to Public U Records Requests. 0 06123/20 FLA Working conference call regarding attention to Public 0.80 260:00 Records Request to agencies. 0 123/20 ATP Confer regarding edits to Public Records Requests 0.00 243.00 and emails regarding same. 06/ 4120 ATP Review and respond to emails regarding public 3,40 1,054.00 records requests(17 sent and received,.) edit same and distribute for review. J 06/2 120 SAW Review and analyze correspondence 1rorn T. Walker 1.60 536.00 0 regarding talking points for interview; correspond with team regarding same, review and analyze responses, correspond with T. Walker regarding follow up; review and analyze correspondence regarding Department of Environmental iental Resource Management documents; review and.anaiyze follow up from T. Walker, 05125/20 FLA Revise draft Public Records Request to Department 2.50 012.50 E of Environmental.Protection; review documents fled � in related actions for discussion of"zone of interest element of administrative standing"; review joint litigation agreement. CL CL 06/25/20 AJM Email to L. Reynolds,telephone conference with E. 0.70 234°50 waken; attention to public records request. le 06/25/20 AJB Review and analyze links for Miami-Dade County and. 1.00 335.00 1 communicate comments on Public Records Request; edit initial drafts of multiple Public Records Requests. CO 06125/20 ATP Review and respond to ernails regarding public 0.00 279.00 records request and materials provided in response thereto (9 emails sent and received). N 06126120 FLA Review various emails; internal coordination call 2,10 532.50 04 regarding new tasks; draft letter to Department of Environmental Protection regarding pending petitions- review Public Records Requests. U V Packet Pg.4520 U.2.a Client Ref. 6 09-001 July 13, 2020 Invoice No.AJB-136 2°7 Page 11 Date Services Hours Amount 06/26/20 CLB Review various emaiils regarding Public Records 1.50 292.50 Requests and review same; continue to research and compile data for F. Aschauer; prepare for and attend 0 trial team coordination call. 06/26/20 AJM Exchange email and texts with E. Swakon and L. 1.80 603.00 CU Reynolds, attend trial team coordination call and attention to, new tasks. 06/26/20 AJ13 Edit Public Records Requests to Miami-Dade County 2.50 007.50 and Department of Environmental Protection and follow up regarding finalizations of same-, Prepare:for � and attend trial ream coordination call and identify and assign new tasks. 0 4- 61 6/20 ATP Prepare for.and attend trial team coordination call and 1.00 010.00 map out discovery and Public records bequest strategies. 06/26/20 SAW Attend trial team coordination call; review and 1.00 UO analyze task list; review and analyze correspondence regarding public records requests. a) 06129/20 FLA Review and revise public records request to 0.50 162.50 L_ Miami-bade County, review various ernails. 06129,1210 FLA Work session regarding potential application of 0.20 65.00 L_ CL Power Plant Siting Act.to current case. CL 06/29/20 CLB Review and edit public Records Requests to 2.70 526.50 Department of Environmental Protection and prepare le for submission of same; review and edit Public 041 Records Request to Miami-Dade County Division of 04 Environmental Resources Management and prepare CO for submission of same; continue to research and Q compile documents.requested by A. Baumann and provide same. N r r a� U Packet Pg.4521 U.2.a Client Ref: 6439- 001 July 13, 2020 Invoice No.AJB-136 27 Page 12 Date Services lours Amount 06/29120 ATP Review and respond to multiple ernails regarding 5.80 1,798.00 edits to public records request; letter to Florida Department of Environmental Protection regarding 0 submission of Petition to Division of Administrative Hearings, and referral of Petition to Division of Administrative Hearings (24 emails sent and CU received); review edits to public records request; review letter to Florida Department of Environmental CU Protection; review referral of Petition to Division of Administrative Hearings;telephone call to coordinate Public.Records Requests. 00129120 AJD Finalize Public Records request to Miami-Dade .20 1,072.00 County and file and serve same;finalize multiple Department of Environmental Protection Public 0 Records Requests and file and serve same; attention to call with R. Feldman; multiple work sessions regarding application of Power Plant Siting Act to current dispute;finalize and serve letter to Department of Environmental Protection general counsel regarding Petition; review and analyze Orders of Referral of Petition to Division of Administrative Hearings. 0 06129120 SAW Review and analyze revisions to Public Records 0.70 234.150 Request and provide feedback regarding same; CU review and analyze updated task list; review and 2 CL analyze correspondence regarding referral of CL petitions to Division of Administrative Hearings. N 06/30120 CLR Review, download and index various documents 1.00 0.00 lei received by L. Reynolds pursuant to Public Records 04 Request to Miami Dade.County Division of Q Environmental Resource Management in preparation co for review; update and circulate Task List. 06/30/20 AJM Exchange texts and email with L. Reynolds regarding 2.70 904.50 Webex strategy meeting and follow up; Webex strategy meeting with client representatives, expert Q witnesses and co-counsel; review initial Order from Administrative Law Judge Sellers; forward same to L. Reynolds and T. Walker. U Packet Pg.4522 U2.a Client Ref: 6439 001 July 13, 2020 Invoice No.AJB-136327 Page 13 Date Services Hours Amount 06/30/ 0 AJB Conference call with client and experts regarding 1. 0 636.50 status and coordination of expert investigation and U analysis, attention to Initial Orders.and assignment.of 0 Administrative Law Judge and coordinate initial attorney conference. 06/30120 SAW Attend phone call with Florida }keys Aqueduct 0.50 CU 167.50 Authority experts regarding strategy. Summary of Services late Hours Amount FLA Aschauer, Fred 0.00 1.90 0.00 FLA Aschauer, Fred 3125.00 1970 6,40 .50 AJB Baumann, Andrew J- 0.00 7.00 0.00 AJB Baumann, Andrew J. 335.00 3.90 9,681.50 LB Blackwell, Christina L. 0.00 .40 0.00 LB Blackwell; Christina L. 195.00 40.60 7,917.00 MAL Lo ada, Marilyn A. 195,00 0.60 117.00 AJM Malefatto, Alfred.J. 0.00 4.50 0.00 JM Mal fatto, Alfred J. 335.00 16.40 6,164.00 ATP Petrick, Array T. O.00 1.90 0.00 ATP Petrick, Amy T. 310.00 48.20 14,94 .00 SAW Walker, Stephen A. 0.00 1 .00 0.00 0 SAW Walker, Stephen A. 335.00 9.20 3,082.00 Total for Services 196.30 $481306.00 2 CL CL Total for Services and Expenses 481306.00 < N Previous Balance 0.00 lei .Payments Since Last Invoice --0.00 Q i N CO Amount Due $48,306.00 I- N le r U Packet Pg.4523 U2.a Invoice No. AJB-1 63 7 Invoice date: July 1 , 260 Client Code; 643 Client Name: Florida Keys Aqueduct Authority0 Metter Code: 001 Matter Name: NPDES Permit Challenge CU Total for Services and Expenses n $48,306.00 Previous Balance 6.06 0 J Payments Since Last Invoice -0.66 u, Amount Due48; 5.pi 0 4- Amount enclosed: Please remit checks to: Lewis, Longman &Walker, P.A. PO Box6874 Orlando, FL 32862-.8742 0 2 CL CL For your convenience, we accept credit card and e-check payments online at: hftp,//www.11w-law.com/tern.plate/payment/ For billing questions, please contact our Billing Department at:(661) 640-0820., N co N N r r Q) U Packet Pg.4524 IBERIABANK FLORIDA KEYS AQ U UUCT AUTHORITY Key West,F� 33040 i NNEDY DR. KEYVEST,FL t OPERATION FIND Pay r, i Aug 28,2020 $58,424.50 to the Carder ; � Lewis i_o g n Walker y U 515 ri gier Dr.,Suite 1500 We�t Pdh Beach,FL 33401 � CJ Crj Crj 0 J J i 0 m- FKAA Check Dumber: 07093( To: Lewis Longman Walker TEMP00000}0355 Date: 08/28/202( a) Invoice Number Gate Description PO Number Amount Discount Paid Amount cn AIB-136831 08/12/2020 $58,424.50 $0,00 $58,424.50 L 0 2 L CL CL 04 00 04 00 04 04 00 04 i 00 TOTALS, i 8,424.50 $0.00 Packet Pg.4525 U.2.b k tt 4 Requisition for Check To* Le�°ws, Longman&Walker Cn a) U Address _t c-(,_AY.f_„_,y> 0 515 North Hagler Dr, Suite 1500 pr j West Palm Beach FL rIAC1: :, Mail Options r MaR r Hold Mn Requisitioner a) J Deanna Esquinaldo Date 8,126/2020 L- 0 Approval* Robert FOdman Date 8127 2020 uantity Account Number Description Amount 1 1-1011-63300-10 contractual services-legal 58424.50 2 0 Total Amount* S 58 424,51 0 Supplemental 58..26-202 LLAN June July 2020 pdf 526 5KB CL C DoCUmentatinn CL N 00 N 00 01) r— N N 00 N e 00 Packet Pg.4526 U.2.b Action History (UTC-05 00) Eastern Time(US&Canada) subrrk by Deanna EsgWnaldra 8126J2020 :52.21 PM(Start) Approve by Robert Feldman 8127/2020 1:40,48 P (Supervisor Review) Data Entcred an by Diancy Fundcara 8127,t2020 3:11.24 Pit(Finance Team Approval) systcrra u 0 0 J J 0 a) 0 0 CL CL 00 00 00 00 I N I N N r N r u Packet Pg.4527 U.2.b DIRECTORS,BOARD OF Y AUTHORITY AGENDAITEM SUMMARY AGENDA ITEM: 00C , 04 CONSENT: El REGULAR: .. August 25, 2020 Office of Counsel MEETING GATE° DIVISION: AGENDA TITLE.: 0 Consideration to approve payment to Lewis, Longman &Walker for professional services rendered and expenses incurred for the month of June and July 2020 regarding defense for potential administrative challenge to Florida Power& Light's NPIDES Permit for Turkey Point Cooling Canal System 58,424.50. CU ITEM BACKGROUND: CU This law firm, under primary consultation of Stephen A. Walker is representing the Authority in defense 0 for potential administrative challenges to FPL NPIDES Permit for Turkey Point Cooling Canal System. Discussions are underway with Monroe County to intervene with the Authority and will share in the expenses in these proceedings. J 0 PREVIOUS RELEVANT ACTION BY FI AA BOARD OF DIRECTORS: Approved LLW to provide legal services for this petition. STAFF RECOMMENDATION (MOTION): _ The Board of Directors approve payment to Lewis, Longman & talker for professional services rendered 0 and expenses incurred for the months of June and July 2020 in the amount of' 58,424.5 I. 2 CL SUPPLEMENTAL INFORMATION: CL Total payments made to Lewis, Longman &Walker including the current invoice is 105,r 80.50. Monroe Q County has moved to intervene in this case with FKAA and pay 50%of the legal fees. I 00 00 i DOCUMENTATION: Included: ToaFollor: Not Repaired: co 58,424.50 r' Cost to FI�AA: UDOETEC�: Yes No Cost to Others: Total Cost: $ 58, 24.50 car Robert T KT DEPARTMENT: Executive DEPARTMENT MANAGER APPROVAL: Feldman D.W 00 hl Tom 00nw Walker Review by:. Internal Auditor m $. . ... General Counsel: RTF Executive Director a) BOARD ACTIONI Approved: Tabled:3, D sapprove&[ Recommendation Revised:if] Comments: Date, lw-u Recording Clerk Fr Packet Pg.4528 i U.2.b a LEWIS 515 North I`lagylr>r Drive, Su re 1500 LONGMAt R'cs?Palm Beach FL 33401 r4l"NO Tei J 61-640-0820 LW �," WALKER fi'ax.561-640-8202 1 cLy ID No.63a0500793 U 0 Florida Keys Aqueduct Authority August 12„ 202 C/O Robert T. Feldman General Counsel Invoice No. AJf -136831 1100 Kennedy Drive Key West, FL 3304 CLIENT: 6439- Florida Keys Aqueduct Authority Re; 001 NPI EB Permit Challenge � VIA ELECTRONIC MAIL J Cate Services Hours Amount 0 06/02/20 CLB Research and locate language to be included in 0.40 T .g Monroe County engagement letter and provide to team. 05124/20 AJB Conference call with S. 'Walker regarding form of 1.50 335.00 common interest agreement and Petition to Intervene. 0 101/20 FLA Research potential applicability of Power Plant Biting 0.90 292.50 0 Act to current permitting effort and email internal team regarding same; review emails from Department of Environmental Protection related to CL C CL Public Records Request and respond; review emails related to experts retention. 04 00 07101/20 C LB Review and respond to various emails regarding 4.70 915.50 documents from Division of Environmental Resource 00 Management, review and update task list; review„ compile and index documents not yet reviewed by A. co Petrick.. 07101/2 AJM Telephone conference and exchange email with L. 1.50 502.50 Reynolds regarding expert witness engagement letters and related matters„ email to expert witnesses 00 regarding case status and public records requests;.. review and forward links to documents from GERM; 00 review and comment on L. Reynolds letter to South Florida 'dater Management District. U Packet Pg.4529 U.2.b Client Ref; -0i01 August 12, 2020 Invoice No.AJB-136831 Page 2 Gate Services Hours ;amount 07101120 ATP Review and respond to emails regarding Joint 1.40 434.00 Litigation.Agreement, public records requests, and U discovery. > 07101/20 AJB Conference call with R. Feldman and T. Walker 2.50 337.50 regarding status and next steps (1.0); attention to CU Monroe County contract and conference call with R. Shillinger attention to Joint Defense Agreement; CU attention to Div€lion of Adm i histrative Hearings Initial Orders (1.5). J 07/01120 SAW Review and analyze correspondence from F. 1.50 0.00 Aschauer regarding applicability of biting Act; prepare for and attend status call; review and analyze co rrespondence.fromA. Malefatto regarding notice of �- intent to issue permit. 07102/20 CLB Review and respond to various emails regarding 1.10 214.50 document review; update and circulate task list in preparation for team meeting; reset team meeting used on availability. 07/02/20 AJB Draft, edit and finalize Monroe County Attorney 1.60 53 -00 Agreement and transmit same (1.0), draft, edit and 0 finalize Joint Defense Agreements,finalize and ru transmit same{:M CL CL 07/02/20 SAW Review and analyze various correspondence 0.60 201.00 regarding discovery,.expert witnesses, 00 0710 120 SAW Review and analyze correspondence from B. 0.80 268.00 Rippingille'regarding rebuttal letter; respond to same, 00 correspond with A. Baumann regarding same. co a) 07/06/20 FLA Review emails related to response to initial order; 2.20 715a00 � prepare for and participate in trial team meeting and coordinate pending and new tasks; review letter and attachments from Ocean Reef Community Association. 00 00 r U Packet Pg.4530 U.2.b Client Ref, 64 9-001 August 12, 2020 Invoice No.AJB-136831 Page Date Services Hours Amount 07106/20 CLB Review and respond to various emails regarding 4.10 79 .5t} Public Records Request documents, task.list items and other miscellaneous emaiis; prepare for and 0 .attend trial team meeting to review pending tasks, assign new tasks and provide update on document review status; review, update and circulate talc list CU based on teem meeting discussions and assignments, review, prepare and format documentsCU for uploading to Everlaw and uploading of same. 0 07/0 f20 AJM Review letter from Ocean Reef Community 1.50 502.50 Association, exchange email regarding experts retainer agreements; exchange email with E. Wexler regarding his firm's rates, telephone conference with B. Walker regarding K. Martin's involvement; LLW 0 team meeting; exchange email with L. Reynolds and A.. Detrick regarding conference call with experts. 07/0 I O ATE? Email.communications regarding response to Initial 120 992.00 Order, discussions with opposing counsel regarding same, coordination meetings with L. Reynolds and experts, document management(18 sent and received); telephone call with N. MacAilely. 2 0 07IO I20 AJB Attention to correspondence to Initial Order and work 0.80 268.00 session regarding Reply to same. 0 CL CL 07107/20 FLA Review email from C. Blackwell regarding Public 1.10 357.50 Records Request and respond; begin drafting discovery. 00 0 l07I20 CLB Perform extensive review of Public Records bequest 3.40 50 .00 001 to Department of Environmental Protection as well as co the Department of Environmental Protection Consent Order and draft a list of keyword search terms to � provide to Department of Environmental Protection; review,,prepare and fon-nat documents provided by South Florida Water Management District in response to L. Reynolds Public records Request and N 00 upload to Everlaw, review and respond to various emails regarding document collection. 00 U Packet Pg.4531 U.2.b Client Fief: 5409- 001 August 12, 2020 Invoice No.AJB_136831 Page 4 Date Services. Hours Amount 7/07/20 A`l"P Emails regarding expert disclosure deadlines, public 2.10 551,00 records request, and document management issues g related thereto; receive and review draft Joint > Response to Initial Order and follow--up emails regarding same, review emails regarding bequest for Arnicus Brief Proposal. CU 07108/20 FLA Continue working on discovery; various emails/calls 2.20 715.00 CU regarding the pending public records request of the Department of Environmental Protection; review 0 background documents in aid of drafting discovery. 07/08120 CLB Prepare for and attend call with A. Petrick; email 4.00 8381.50 J .correspondence with F: Aschauer regarding keyword search terms requested by Department of .Environmental Protection and receive direction regarding same; review and update task list; draft shell for Petitioner's First Request for Production, Petitioner's First Bequest for Admissions and Petitioner's First Set of Interrogatories and provide to F. Aschauer. 07108/20 ATP Work session with C..Blackwell regarding handling of 5.20 1,61 .00 public records request demand for search terms from 0 Department of Environmental Protection;follow up telephone call with F. Aschaur regarding same; 0- work session with L. Reynolds regarding expert CL witness retainers, Monroe County,status, and litigation strategy; numerous emails ( 5 sent and received) regarding Public Records Bequest and00 i Joint Motion for Continuance;draft and circulate Joint Motion for Continuance. 001 co 07108120 AJB Attention to Orders Setting Hearing and Orders 0.70 234.150 Establishing Pre-Hearing Instruction; review and analye notification from Administrative Law Judge's office regarding need for Motion to Consolidate and Joint Motion1or Continuance, Bpeciallly Bet Final Hearing and emails regarding same. 00 r 07/00120 FLA Review emails related to joint motion to continue- call 0.70 227.50 00 with C. Stevens regarding publip records request; draft and.send email to agency regarding public records request. U Packet Pg.4532 U.2.b Client Ref: 439- 001 August 12, 2020 Invoice No.AJB-136831 Page 5 Date Services Hours Amount 07109120 CLB Update Discovery Defense file; review and respond . 0 07.00 to various emails regarding Public Records Requests U to Department of Environmental Protection; review, > format and prepare documents received from County Department of Environmental Resource Management and upload to Everiaw. CU 0710 120 ATP Emails regarding filing Joint Motion for Continuance; IBO 496,00 receive and review Notice.of Hearing, Order of Prehearing instructions, and Order granting Continuance and transmit Order granting Joint Motion for Continuance to L. Reynolds, emails regarding responding to Department of Environmental Protection's request for search terms and organizing Public Records Request documents received. 07/09/20 AJB Review and analyze Order Consolidating Cases, 1.00 335.00 Granting Joint Motion for Continuance and Setting New Hearing Date; attention to deadline,scheduling and coordination of same; attention to Public Records Request follow up. 07/10/20 AJB Conference call with T. Walker and R. Feldman 2.00 670.00 0 regarding status; strategy and potential witnesses (1.0); conference call with Department of Environmental Protection regarding exemption CL CL setback and research potential legal instruil-nent`to provide binding waiver of same(1,0) 04 00 07/13120 FLA Continue drafting discovery; review documents to 1.80 535:00 assist in drafting discovery. 00 co 07/13/20 ATP Review Amended Notice of Hearing, review and 1.60 496.00 respond to e.mails from L. Reynolds regarding case status; review email regarding amicus brief question; review email regarding draft discovery. N 07/14/20 FLA Prepare for and attend trial team meeting and 2.10 682.50 N 00 coordinate pending and new`tasks; review and respond to emails regarding NIC proceeding. 00 U Packet Pg.4533 U.2.b Client Ref: 64 0 m 001 August 12, 2020 Invoice No. AJB-136831 page 6 Date Services Hours Amount 07/141 0 CLB Update task list and provide to team in preparation 5.00 1,t 50.50 for tern meeting; review and respond to various U emails regarding task list and document status; 0 review hearing instructions, calculate deadlines and calendar same; update Discovery Defense File; prepare for and attend trial team meeting, update CU task list pursuant to same and circulate to trial team;. draft Litigation Hold letter to Florida Power& Light CU Company and provide to A. Petrick for review. 07/14/20 ATP Prepare for and attend trial team meeting and 6.20 1,022.00 coordinate pending and new tasks; receive and review Smalls regarding Amicus Brief question and procedures; receive and review emails regarding updates to L. Reynolds, potential modifications to. �- Joint.Litigation Agreement, updates to Task List,and experts(total 21 ernails sent and received), 07/14120 AJM Prepare for and participate in trial tearer meeting and 2.50 837,50 attention to new tasks; exchange email with N. Weeks and C. Herin of Geosyntec.regarding possible expert testimony; other follow up tasks.. 07114/20 AJB Confirm Monroe County meeting agenda and advise 2.40 804�00 0 regarding same (A) meet With trial tearer and ru coordinate pending and new tasks (2,0). CL CL 07/15/ 0 ATP Review and respond to emails regarding updates to 0.90 279.00 engagement letter and expert retainer agreements; telephone call with A. Baumann regarding same. 00 07/15/20 CLB Update contact list and circulate to team members, 8.20 624.00 001 review expert retainer letter edited by A. Baumann CO and draft email regarding additional guidance; begin to research, compile and code documents to be used as potential exhibits at deposition and hearing. 07/15/20 AJMI Review file and Work on revisions to Joint Defense 1.00 335,00 Agreement to include Monroe County as a party. 00 07/15120 AJB Attention to second Public records bequest (.5); 1.10 068.50 00 conference regarding structure of expert witness agreements(a6). 07115120 SAW review and analyze correspondence from C. 0.20 67.00 Blackwell regarding contact list Packet Pg.4534 U.2.b Client Ref; 6430- 001 August 12,2020 Invoice No. AJI3.1368 1 Page 7 Date Services Hours Amount 07116120 FLA VanoLrs callslemails regarding.potential industrial 0.80 260.00 wastewater expert. U 0 07/16/20 CLB perform research regarding information included in 6.30 1,228.50 the expert witness retainer letters; conference call with A. Baumann regarding expert witness letters and Crj receive direction to reach out to each expert and obtain additional details to be included in letter; communication with J. Fourqurean, E. Wexler, K. Martin, B. Tuttle and E. Swakon to obtain needed information; compile information needed for drafting of Motion to Interven :and provide to A: Baumann; prepare for and attend strategy session with expert witnesses to obtain details regarding testimony in preparation for indexing potential exhibits. 07116/20 AJM Prepare agenda for client and expert team strategy 3.80 1,273.00 meeting-, exchange entail with T. Talker and A. Petrick regarding same; revise Joint Defense Agreement to include Monroe County; review and comment on isselexpert summary prepared by A. Detrick; exchange email with E wakon; participate in attoianeylclientlexpert Webex strategy meeting. 0 07/16120 AJB Review, analyze and edit issue chart and meeting 4.20 1,407.00 agenda (.6); conference call with A. Petrick regarding 2 same (6) edit expert agreements (7); fallow up with CL CL C. Blackwell regarding attachments for expert agreements (6); attention to Monroe County Agreement(A); prepare for and attend work session 00 with experts to coordinate testimony relative to case issues and identify additional Witnesses and analysis 00 for trial (2.0). CO a) 07/16120 A7P Prepare list of expert witness topics in preparation for 6,80 2,108.00 expert witness strategy call and exchange entails regarding same; review and confer with A. Baumann, A. Malefatto regarding agenda for litigation strategy call; prepare for and attend litigation strategy call; 00 exchange emails regarding insurance requirements for Retainer Agreements and Joint Litigation00 Agreement. U Packet Pg.4535 U.2.b Client Ref: 433- 001 August 12, 2020 Invoice No.AJB-136831 Page 8 Cate Services Hours Amount. 07/1 7/20 CLB Review and respond to various emails regarding 5.80 1,131.00 document review and collection; review and revise U expert retainer letters and prepare for finalising; review, compile, index and prepare additional documents from Division of Environmental Resource Management. 7/17120 AJM Exchange email with A. Petrick and E. Bwakon 0.30 100.50CU regarding expert witness topics, email to C. Blackwell. 0 J 07/17/20 ATP Review and edit litigation hold letter and email C. 0.90 279.00 Blackwell regarding sane. J 07120/20 ELA Review email from M. Weiss regarding public records 0.20 85.00 and respond. 07/20120 ATP Multiple emails regarding review of public records 0.80 248.00 received from Division of Environmental Resource Management and emails regarding scope of work from L. Reynolds and follow up work session. 07/20120 CLB Review and respond to various emails regarding 2.60 507.00 document management and witness retainers; review, format, index and upload.dvcurnents from Division of Environmental Resource Management to 2 Everlaw;email correspondence with L. ReynoldsCL regarding scope of work. 07/20/20 SAW Review and analyze correspondence from C. 0.40 134.00 04 1 00 Blackwell regarding Department of Environmental 04 .Resource Management documents; review and 00 analyze follow up correspondence. CO a) 07/20/20 AJM Exchange email with C. Blackwell, A. Petrick and L. 0.80 268.00 � Reynolds regarding experts scope of work, engagement letter and joint defense agreement. N 07/20/20 AJB Attention to Departrn nt.of Environmental Protection 0.00 301.50 00 response to Public Records Request(.0); conference a 00 call with E. Aschauer regarding strategy to reply to same (.3). 07/21/20 AJM Telephone conference with A. Petrick regarding 0.50 167.50 pending litigation matters and response to L. Reynolds; exchange email with E . wakon. I s l { Packet Pg.4536 I s S U.2.b Client Ref: -01 August 12, 2020 Invoice No. AJB-1358 1 Page Date Services Hours Amount 07/21120 CLB Create Project in Everlaw to contain the documents 0°80 158.00 from division of Environmental Resource Management and populate with appropriate documents in preparation for review by experts and L. Reynolds. 07/21120 ATP Telephone conference with A. Malefatto; telephone 4.40 1„ 54.00 calls placed to K. Cox regarding potential for Amicus CU Brief, emails with litigation team regarding Amicus Brief evaluation; emails with team regarding 0 coverage for weekly call,Amicus Grief research, and expert witness identification; receive and review emails regarding discovery filings. J 07121120 AJB Review, analyze and notate Florida Power& Light 1.20 402.00 Company discovery served on Florida Keys Aqueduct Authority and Florida Keys Fishing Guide Association. 0712 /20 FLA Review various ernails. 0,20 85.08 07/22120 FLA review discovery from Florida Power&L.ight. 0.20 55.00 071221 g CLB Review and respond to various emails regarding 1.70 331.50 0 discovery and document management( ); review all discovery received from Florida Power& Light 0- Company and calculate and calendar deadlinesCL appropriately (1 A); update Task List(.2); update Discovery DefenseFile with discovery received (2). 00 07122120 AJM Telephone conference with F. Swakon regarding his 1.00 385.00 role as non-testifying expert, and other expert 00 witnesses, and matters at issue. CO a) 07122/ 0 A`tAP Telephone call with 1 . Cox regarding arnicus brief 3.10 001.00 � and status of appeal; emails with litigation teams regarding amicua brief evaluation and scopingy emails with team regarding E. wakon`s evaluation of expert witness topics; emails with litigation team00 regarding assignment of discovery responses and 00 review and comment of draft discovery. 871120 FLA Call with A. Malefatto and A. Petrick regarding) 0.50 182.50 potential amicus brief in Nuclear Regulatory � I Commission hearing: l 1 1 i t I Packet Pg.4537 U.2.b Client Ref: 439- 001 August 12, 2020 Invoice No. AJB-136831 Page 10 Date Services Hours Amount. 07/23120 QLB Review and revue E. Swakon Expert Retainer(1); 1.50 292.50 email correspondence with L. Reynolds regarding status of Scope of Work and Errerlaw Training (.2); 0 draft retainer letter for L. Reynolds (.3); conference call with A. Petrick regarding status updates in preparation for status call with clients and obtain information needed (5): attend client status call (4). CU 07123120 AJM Multiply; calls and inquiries regarding potential 1.00 335.00 industrial wastewater expert. 0 07123/20 ATP Telephone call with A. Baumann regarding tasks and 4.80 1,488.00 weekly call and follow up emails with A. Baumann and staff,.telephone call with A. Malefatto and:F: Aschauer regarding amicus brief and follow up emails related thereto; telephone call with staff and follow Grp mails to prepare for weekly client call; weekly client call with'T. Walker and summary email regarding same to,litigation harm. 07123/20 AJB Conference calf with D. Howard, Monroe County 130 803.00 regarding case status and coordination (1.0); cciordinate with A. Petrick regarding Monroe County intervention in case(8). 0 07J24J20 FLA Review draft discovery; analyze Department 1. 0 585.00 0 response to public records request; participate in CL CL internal call regarding discovery. 07/24/ 0 AJM Telephone conference with A. Petrick, F.Aschauer, 1.00 335.00 00 and. .. Blackwell regarding response to.di covery; Public Records Request to Florida Department of 00 Environmental Protection, and related matters. CO a) 071241 0 ATP Prepare for and attend trial harm work.session 2.20 682.00 regarding draft discovery; review joint litigation agreement changes, N 00 00 r U CU 1 Packet Pg.4538 U.2.b Client Ref: 5439- 001 August 12, 2020 Invoice No. AJB-1369 1 Page 11 Date Services Tours Amount 07124/20 CLB Prepare for and attend Everlaw training with L. 3,60 702.00 Reynolds and W. Quinlan and'provide detailed U instruction on its use(1.0); prepare for and attend 0 conference call with A. Petrick, F.Aschauer:and A. Malefatto to review and discuss strategy for responding to discovery from Florida Power a Light CU Company and receive direction regarding key word searches for Department of Environmental Protection CU to respond to our Public Records,Request(1.1); attend Everlaw training with A. Malefatto and provide. detailed instruction on.its use (.5); draft and send email correspondence to clients regarding answering discovery propounded by Florida Power& Light Company(4). 0 07/24/20 AJ8 Attention to executed Monroe County Agreement. 0:30 100.50 0712,7120 FLA draft response to Depart enCs response to public 1.50 487.50 records request, specifically refusing to suggest email search terms; research regarding same. 07127120 FLA Begin drafting response to discovery.. 1.30 422.50 07/27/20 CLB Begin to research, review and draft detailed search 6.70 1,306.50 term parameters for each Public Records Request to Department of Environmental Protection on June 29, 2 2020 (0.3); conference call with A. Petrick.to review CL CL parameters completed and get guidance and additional.instruction on further detail required (4) 00 07127/20 ATP Review search terms prepare for and attend work. 1.90 589.010 04 session with C. Blackwell regarding game; review and00 respond to ermailc regarding discovery and work CO session scheduling with L. Reynolds regarding saute. a- 07128120 FLA Continue working on response to Department's email 1.00 325.00 response to public records request; conduct research to support the response;email Department response; review revised discovery. 00 00 i 07128/20 FLA Continue drafting response to discovery requests. 1.80 585.00 U CU jI J 1 { Packet Pg.4539 U.2.b Client Ref: 6439- 001 August 12, 2020 Invoice No.AJ13 18683'1 Page 12 Bate Services Hours Amount 07/281 0 ATP Review draft email to Florida Department of 4.80 1,488.00 Environmental Protection counsel regarding public U records request; research cases for same„email 0 information to F.Aschauer„ and review final email sent to Florida Department of Environmental Protection counsel; review email and attached Brief CU with question regarding amicus task and discuss same with S. Walker; review and edit Request for CU Production to Florida Power& Light Company and interrogatories.to Department of Environmental 0 Protection and transmit same to F. Aschauer; review comments from L. Reynolds to engagement letter and transmit same to S. Walker via email. J 07/28120 DLB Continue to research, review and draft detailed 6.10, 1,1 9.50 0 search term parameters for each Public.Records Request to Department of Environmental protection on June 29, 2020 and provide to litigation team for review (4.7); review, edit and format response to Request for Production ( ); review, edit and format Answers to Florida Power& Light Company's First Set of Interrogatories (7). 2 °i� 07/29/20 FLA Review and revise discovery; review search terms for 1°80 422.50 0 possible second round of public records requests 2 07/29/20 LB Prepare for and attend call with L. Reynolds and A. 4 10 799.50 CL C Petrick to review Interrogatory requests from Florida CL Power .Light Company and create list of data and documents needed.to respond to same to include past call with A. Petrick to receive direction regarding00 same and draft deliverables email to L. Reynolds � ( :1); draft emails to,experts with availability try conduct call regarding discovery received from CO Florida Power& Light Company and begin setting same (0); review and revise search term parameters list(4). N 00 00 r U Packet Pg.4540 U.2.b Client Ref,. 6439--00i August 12, 2020 Invoice No. AJBw136831 Page 13 Date Services Hours Amount 07/29120 A`1TP Prepare for and attend telephonic work session with 6.20 1,922.00 L. Reynolds, C. Blackwell, to discuss interrogatory � answers; review task list and multiple emails related thereto; review emaiIs regarding search terms for Florida department of Environmental Protection Public Records Request; review emails regardingCU scope of work information for expert retainers;review emails regarding Amicus Brief in appeal (24 emails seat.and received in total). 07130/20 FLA Call with A. Petrick regarding draft discovery;..revise 1.80 585.00 draft discovery to Florida Power& Light Company; draft additional discovery to Department of Environmental Protection. 0 07/30/20 CLB Review and update Discovery Defense File (2); 4.80 936.00 prepare and format database in preparation for review and production to Florida Power& Light Company(8); begin compilation of documents received from L. Reynolds and.format and prepare same for uploading to Everlaw(:5); review.&afts of Request for Production and Interrogatories to Florida Power,& Light Company (. ) prepare for and attend call with L. Reynolds to review production. request 0 and receive information and details for responding to same (1.8); conference call with A: Petrick to review and receive direction regarding production CL C preparation (4); begin to draft email to L. Reynolds CL with details of the production request and documents and data needed to respond to same (3)° 00 07130120 AT Prepare for and attend telephonic work session with 4.20 1,302.00 I L. Reynolds regarding responses to Florida Power& Light Company's bequest for Production;follow up CO work session with C. Blackwell regarding same; telephone call to F. Aschauer regarding discovery; review and respond to emails regarding tasks, discovery edits; and scope of work language for retainer agreements. 00 07/31/2.0 FLA Continue drafting discovery to Florida Department of 2.90 542..50 00 Environmental Protection; call with A. Petrick regarding discovery. U V Packet Pg.4541 U.2.b Client Ref: 649 a 001 August 1 ; 2020 Invoice No. AJB-1 6831 Page 14 Date services Hours Amount 07/31/20 ATP Prepare for and attend telephonic work sessions with 6.80 2,108.00 E. Swakon and E. Wexler regarding discovery U responses to Florida Power& Light Company, > telephone conference with C. Blackwell regarding handling of discovery response materials received from experts and review ema is regarding same; CU telephonic conferences with F. Aschauer regarding Interrogatories and Request for Production to Florida CU Power& Light Company and Florida Department of Environmental Protection; review and edit same; r_ review and edit retainer agreement language; entails to litigation team regarding same. 071 1/20 CLE Email correspondence with A. Petrick regard emails 5AO 1,053.00 from L. Reynolds and receive direction regarding 0 responding to same (2); finalize email to L. Reynolds regarding deliverables in response to discovery requests (.8), continu e to coordinate calls With experts to review discovery requests (2); finalize witness retainer letters and provide to A. Petrick(A)i prepare for and attend conference cell with E. wakon to review discovery requests and to receive information regarding documents responsive to same (1.8); conference call with A. Petrick to receive o direction regarding protocol email to experts regarding responding to discovery and draft and send 0 same (6); prepare for and attend conference.-call CL CL with E. Wexler to review discovery requests and to receive information regarding documents responsive to same(1,4). 04 00 07101/20 AJM Exchange email with LLW team members regarding 0.50 167:50 001 discovery, expert witnesses, and other related CO litigation matters. Summary of Services Rate Flours Amount Q FLA Aschauer, Fred 325.00 26.80 8,547.50 00 AJE Baumann,Andrew J. 885.00 21.50 7,202.5000 Ll3 Blackwell, Christina L. 195.00 79.10 15,424.50 AM Malefatto, Alfred J. 335,00 15.40 5,159. 0 ATP Petrick,Amy T. 310.00 69:10 21,421.00 SAW Walker, Stephen A. 0.00 1.50 0.00 U SAW Walker, Stephen A. 805M ZOO 670.00 Total for Services 214.90 $68,424 50 Packet Pg.4542 U.2.b Client fief: 439-001 August 12, 2020 Invoice No. AJB-136831 Page 1.6 Total for Services and Expenses $68,424.50 U Previous Balance 48, 06.00 Payments Since Last Invoice -48,306.0 CU Amount blue $58,424.50 CU 0 J J 0 0 2 CL CD 00 CL 00 CD CD i CO a) CD CD 00 CD 00 CD r i I i Packet Pg.4543 4 U.2.b Invoice No. AJB-136831 Invoice Cate: August 12, 2020 Cli nt.0 de. 6439 U Client Name: Florida Keys Aqueduct Authority 0 Matter Code: 001 Matter flame: NPDES Permit Challenge Crj Total for Services and Expenses $58,424.60Crj Previous Balance 48,306.00 r- J Payments Since Last invoice 4 , 0 .00 Amount Due $58,424.50 0 Amount enclosed., Please remit checks to: Lewis Longman &Walker, P.A. PC Box 628742 Orlando, FL 2852-8742 2 CL CL For your convenience, we accept credit card and e-check payments online at: N http:llwww.11 -law.com/template/paym ntl 001 00 For billing questions; please contact our Billing Department at: (5 '1)640-0 20. a) 04 04 00 04 00 U Packet Pg.4544