Item T08 T.8
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Me Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: T.8
Agenda Item Summary #7876
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Abra Campo (305) 292-3471
n/a
AGENDA ITEM WORDING: Approval to reimburse the Florida Keys Aqueduct Authority in the
amount of $164,129.73 for 50% of the legal fees generated by Lewis, Longman, and Walker, P.A.
for the administrative challenge to the Turkey Point NPDES permit.
ITEM BACKGROUND: The Florida Keys Aqueduct Authority (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 to LLW for three (3) invoices totaling $328,259.45. One
invoice for $64,769.00 was approved for payment by the FKAA board on 10/28/20. Two other
invoices totaling $263,490.45 were approved for payment on 11/18/20. The County's 50% share
would be $164,129.73.
If approved, this payment would raise the total reimbursement to the FKAA to $217,494.98 so far.
Significant bills are expected for the months of December and January. During those months,
counsel spent considerable time preparing for the hearing that took place at the end of January.
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.
On 10/21/20, the BOCC approved an Interlocal Agreement with the FKAA to formalize the
agreement for the County to reimburse the FKAA for fifty percent (50%) of the legal fees from
Packet Pg. 3726
T.8
LLW incurred in DOAH Case number 20-2967 and 20-2968.
On 10/21/20, the BOCC approved a 50% reimbursement to the FKAA for (2) invoices from LLW
totaling $106,730.50 for which the FKAA presented proof of payment.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LLW Invoice Aug
LLW Invoices Sept and Oct
ILA with FKAA for Joint Representation 10_21_20
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $164,129.73
Current Year Portion: $164,129.73
Budgeted: Yes.
Source of Funds: 00101-530318
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:
02/17/21 001-00101 - BOCC ADMINISTRATIVE $164,129.73
FY21
REVIEWED BY:
Abra Campo Completed 02/09/2021 11:55 AM
Bob Shillinger Completed 02/09/2021 12:16 PM
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T.8
Purchasing Completed 02/09/2021 12:17 PM
Budget and Finance Completed 02/09/2021 3:11 PM
Maria Slavik Completed 02/09/2021 5:24 PM
Liz Yongue Completed 02/09/2021 6:15 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
Packet Pg. 3728
FLORIDA KEYS IBERIABANK
Key West FL 33040
AEDUCT AUTHORS „ : �,� �
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1' ONION �.
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Pay • • Hundred - D• • 11 �,7Ct 30,2020 py�aN "4,769.00
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to the Order
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FKAA Check Number: 0722
To: Lewis,Longman&Walker,P.A. 5632 Date: 10/30/20
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Invoice Number Date Description PO Number Amount Discount Paid Amou
Ll-
AIB-137344 09/15/2020 $64,769.00 $0.00 $64,769.( a)
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TOTALS: $64,769.00 $0.0
Packet Pg. 3729
T.8.a
01
Requisition for Check
TO Lewis, Longman&Walker
Address Street Address
515 North Flagler Drive, Suite 1500 y
Address,,Line 2 C9
0
Cite ,gate!province/Region >
West Palm Beach FL
Postal!Zip Code
Mail Options Mail Hold
Requisitioner* Date
0
Deanna Esquinaldo 10/29/2020
T)
Approval Date
Robert Feldman 10/29/2020
Quantity* Account Number* Description* Amount*
1 1-1011-63300-10 contractual services-legal 64769.00
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Total Amount* $ 64769.00
Supplemental 10-28-2020 LLW August 2020.pdf 9.33MB
Documentation
0
0
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Action History (UTC-05:00)Eastern Time(US&Canada)
Submit by Deanna Esquinaldo 10/29/2020 1:42:06 PM (Start)
Approve by Robert Feldman 10/29/2020 1:47:52 PM (Supervisor Review)
The task was assigned to Robert Feldmann 10/29/2020 1:42 PM
Data Entered in System by Diancy Fundora 10/29/2020 3:04:36 PM (Finance Team Approval)
Diancy Fundora assigned the task to Diancy Fundora 10/29/2020 3:04 PM
The task was assi aped to Karla Garcia, Mairim Perez, Diancy Fundora,Venda Stcrr
10129/2020 1:47 PM
0
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0
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BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY
AGENDA ITEM SUMMARY
AGENDA ITEM: O®C-01
CONSENT: REGULAR:
MEETING DATE:
October 28, 2020 DIVISION: Office of Counsel
AGENDA TITLE:
Consideration to approve payment to Lewis, Longman &Walker for professional services rendered and y
expenses incurred for the month of August 2020 regarding defense for potential administrative challenge
to Florida Power& Light's NPDES Permit for Turkey Point Cooling Canal System $64,769.00. 0
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 Cooling Canal System.
Discussions are underway with Monroe County to intervene with the Authority and will share in the
expenses in these proceedings.
0
T)
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
Approved LLW to provide legal services for this petition.
STAFF RECOMMENDATION (MOTION): °3
The Board of Directors approve payment to Lewis, Longman &Walker for professional services rendered
and expenses incurred for the months of August 2020 in the amount of$64,769.00.
2
SUPPLEMENTAL INFORMATION: o
0
Total payments made to Lewis, Longman & Walker including the current invoice is $171,499.50. Monroe
County has moved to intervene in this case with FKAA and pay 50% of the legal fees.
DOCUMENTATION: Included: To-Follow: Not Required:
Cost to FKAA: $ 64,769.00 BUDGETED: Yes 0 No [� U
.5
Cast to Others: $ >
Total Cost: $ 64,769.00
Robert T.RobedTs'9e,d��
DEPARTMENT: Executive DEPARTMENT MANAGER APPROVAL: Feldman °;e5,�ba90o�
te,g0b.1d. Mm.
Reviewed by: Internal Auditor �fkaa.°°m °m n' General Counsel: RTF Executive Director
BOARD ACTION:
Approved: Tabled: J Disapproved:❑ Recommendation Revised:�.I
Comments:
Date: ( 7 Recording Clerk: ` -
Packet Pg. 3732
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LEWIS 515 North Flagler Drive, Suite 1500
LONGMAN West Palm Beach,FL 33401
el 561-640-020 LW I WALKER Fax 561-640-8202
Tax ID No. 65-0500793
Florida Keys Aqueduct Authority September 15, 2020
C/O Robert T. Feldman, General Counsel Invoice No. AJB-137344
1100 Kennedy Drive e
Key West, FL 33040
CLIENT: 6439- Florida Keys Aqueduct Authority
Re: 001 NPDES Permit Challenge
VIA ELECTRONIC MAIL
0
Date Services Hours Amount
08/03/20 FLA Call P. Coram to inquire into willingness to engage as 1.90 617.50
consultant or expert (3); prepare for and participate
in working conference (1.4); review emails regarding
same (2).
08/03/20 CLB Compile, prepare and transfer Division of 5.20 1,014.00
Environmental Resource Management documents to
ShareFile site in preparation for circulating to experts
(6); call with A. Baumann regarding Task List and
edit and circulate same in preparation for team
meeting (3); continue to review and compile potential
exhibits for use at depositions and hearing (9); 2
update and finalize expert retainer agreements (3); e
0
prepare for and attend team meeting call to review
task list and receive direction regarding discovery
and document management (1.8); update Task List
based on results of team meeting and circulate (2);
finalize Litigation Hold Letters to Florida Power&
Light Company and begin drafting for Monroe
County, Florida Keys Aqueduct Authority (1.1).
5
08/03/20 AJM Review file in preparation for, and participate in, 2.20 737.00
Lewis, Longman &Walker, P.A. Turkey Point
litigation team WebEx meeting (1.5); follow up
exchange of email regarding pending discovery and
expert support for matters at issue. -total time entry
for 8/3/20 2.20 hours.
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Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 2
Date Services Hours Amount
08/03/20 AJB Review, analyze and edit discovery to Florida Power 3.50 1,172.50
& Light Company (1.2); trial team meeting to
coordinate pending tasks and plan strategy (2.0);
coordinate updated task list (3).
08/03/20 ATP Review and update litigation hold letters for Florida 6.40 1,984.00
Power& Light Company, Department of
Environmental Protection, Monroe County, and
Florida Keys Aqueduct Authority (1.4); prepare for
and attend litigation team meeting (2.0); receive,
review and respond to numerous emails regarding
discovery question, retainer agreement questions
and litigation tasks (30 emails sent and received)
(3.0). c
T
08/04/20 FLA Working conference with A. Petrick regarding public 2.00 650.00
records request to Water Management District and
narrative of petition for experts (5); begin preparing
narrative for experts (1.5).
08/04/20 CLB Finalize and circulate SharfeFile links to experts 7.80 1,521.00
containing all Division of Environmental Resource °3
Management documents (6); email correspondence
with B. Pennington and provide direction regarding
setting calls with experts and the status of litigation
holds (2); review and respond to emails and calendar E
items as needed (.6); prepare for and attend call with
A. Petrick and K. Martin to review discovery received
and provide direction regarding compilation and
transferring of responsive documents (1.9); review,
format and update database to include individual
Everlaw Projects for each witness in preparation for --
document review and provide access as needed (9);
draft litigation hold letter to Monroe County (3); draft
litigation hold letter to Florida Keys Aqueduct
Authority (3) draft litigation hold letter to Florida Keys 5
Fishing Guides Association (3); prepare for and
attend call with B. Nuttle and A. Petrick to review
discovery received and provide direction regarding
compilation and transferring of responsive documents
(1.7); draft litigation hold letter to Department of
Environmental Protection (4); call with A. Baumann
to receive direction regarding document compilation
with experts and L. Reynolds and to discuss
additional items to be requested from Department of
Environmental Protection (6).
Packet Pg. 3734
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Client Ref: 6439- 001 September 15, 2020
Invoice No. AJB-137344 Page 3
Date Services Hours Amount
08/04/20 AJM Review email exchange between C. Blackwell and L. 0.40 134.00
Reynolds (2); telephone conference with F.
Aschauer regarding Florida Keys Aqueduct Authority
& Florida Keys Fishing Guides representation (2).-
total time entry for 8/4/20 .4 hours.
5
08/04/20 AJB Attention to Joint Defense Agreement (4); 2.30 770.50
conference call with L. Reynolds regarding status and
data collection for Bay-Side impacts (1.5); coordinate
with C. Blackwell regarding document assembly (4).
08/04/20 ATP Prepare for and attend expert witness interview with 6.90 2,139.00
K. Martin (2.2); prepare for and attend expert witness
interview with B. Nuttle (1.9); review and respond to
multiple emails regarding discovery request, litigation v,
tasks, public records requests (19 sent and received)
(2.3); work session with F. Aschauer regarding Public
Records Request to Water Management District and
narrative of petition for experts (5).
08/05/20 FLA Continue drafting narrative/questions for experts 3.40 1,105.00
(1.4); begin drafting public records request to South °3
Florida Water Management District (2.0).
08/05/20 CLB Email correspondence L. Reynolds, E. Wexler and E. 1.10 214.50
Swakon regarding status of document compilation in E
response to production (.4); email correspondence
with L. Reynolds and B. Nuttle regarding additional
data to be requested from Florida Power& Light
Company and schedule call to discuss in detail (4);
prepare for and attend call with A. Petrick regarding
document compilation and witness update (3). --
08/05/20 ATP Receive, review and respond to multiple emails (18 3.60 1,116.00
sent and received), regarding deliverables from
expert witnesses, edits to retainer agreements, 0
litigation hold letters, and other discovery tasks (3.1);
telephone conference with C. Blackwell regarding
handling and processing of discovery documents
received from experts and audit tracking (5).
08/06/20 FLA Conference call with C. Blackwell regarding 3.10 1,007.50
paragraph 44 (2); continue drafting
narrative/questions for experts (1.7); continue work
on public records request to South Florida Water
Management District (1.2).
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Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 4
Date Services Hours Amount
08/06/20 CLB Update Discovery Audit File (4); research and 6.20 1,209.00
compile documents needed by F. Aschauer in
preparation for drafting Request for Production to
South Florida Water Management District (2); review
and edit retainer letter for W. Nuttle and provide for
signature (2); review email from W. Nuttle regarding
additional information provided and compile for
uploading to Everlaw (2); review and respond to
various emails regarding document collection and
processing (4); update contact list (2); conference
call with F. Aschauer to receive direction regarding
research and compilation of data regarding
Paragraph 44 of the Petition, perform research and
create table accordingly (3.0); prepare for and attend
call with Florida Keys Aqueduct Authority to review v,
and obtain details needed in preparation for
responding to discovery (1.6).
c
08/06/20 ATP Prepare for and attend discovery interview with T. 6.20 1,922.00
Walker and R. Feldman (2.0); update litigation hold
letters for Florida Keys Aqueduct Authority, Florida
Keys Fishing Guides Association, Department of °3
Environmental Protection, and Monroe County (2.5);
review and respond to multiple emails regarding
discovery tasks, information received from experts
(20 emails sent and received) (1.7). E
2
0
08/06/20 AJB Status call with T. Walker and R. Feldman and follow 0.70 234.50
up regarding industrial wastewater expert.
2
08/07/20 CLB Prepare for and attend conference call with A. Petrick 3.40 663.00
and J. Fourqurean to provide instruction regarding ~�
document compilation and receive information
regarding same (2.4); work with J. Fourqurean
regarding uploading documents to ShareFile. (3);
review and respond to various emails regarding >
Litigation Hold letters and discovery (4); update
Discovery Defense Audit File (3).
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-...--.....
T.8.a
Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 5
Date Services Hours Amount
08/07/20 ATP Prepare for and attend expert witness interview with 7.20 2,232.00
J. Fourqurean (2.0); follow up call with C. Blackwell
(4); create working notes version of discovery
response and email to litigation team for review (3.8);
provide instruction to staff regarding final issuance of
discovery requests and litigation hold letters as well
as expert witness meeting scheduling (16 emails sent
and received) (2.4).
08/10/20 ATP Research facts for standing claims and law on 7.80 2,418.00
intervention (2.6); draft Motion to Intervene for
Monroe County (4.4); forward same to litigation team
for review; email communication with opposing
counsel regarding request for extension of time (4); c
review and forward information from Department of v_
Environmental Protection regarding fulfillment of
public records request (2); review emails regarding
acknowledgment of litigation hold letters (2).
08/10/20 CLB Review email from L. Reynolds with attached 2.20 429.00
agreement(2); update Discovery Audit File with
Litigation Hold Letters issued and request °3
acknowledgement from each (6); review and
respond to various emails regarding document
compilation by experts and other various issues (4);
review discovery sent to Florida Power& Light E
Company, update Discovery Audit File with same and
calculate and calendar deadline accordingly (3);
compile and begin to prepare documents uploaded to
ShareFile by experts for uploading into Everlaw (3);
conference call with E. Swakon regarding document
compilation and transfer (4). --
Packet Pg. 3737
T.B.a
Client Ref: 6439- 001 September 15, 2020
Invoice No. AJB-137344 Page 6
Date Services Hours Amount
08/11/20 CLB Review and proof draft Motion to Intervene for 5.20 1,014.00
Monroe County (8); prepare for and attend call with
A. Petrick, L. Reynolds and B. Nuttle to review
additional items to be requested from Florida Power
& Light Company (1.2); provide clients with discovery
served on Florida Power& Light Company and
Department of Environmental Protection (1);
continue to compile, prepare, format and index
documents from experts to be uploaded to Everlaw
(1.2); index and assign review of expert documents to
date (3); update Discovery Defense Audit File (4);
review and respond to various emails from L.
Reynolds (3); review email from Department of
Environmental Protection regarding Public Records
Request response status, download documents v,
provided in OCULUS link and prepare, format and
index same in preparation for uploading to Everlaw
(9).
08/11/20 AJB Conference call with G. Friedman and L. Reynolds 3.10 1,038.50
regarding field lab analysis and intervention of
Monroe County (1.0); review, analyze and edit °3
Monroe County Petition to Intervene (1.0); work
session regarding discovery dispute with Florida
Power& Light Company and potential pre-trial
agreement regarding expert disclosure (6); revise E
agreements (.5). 2
0
08/11/20 ATP Prepare for and attend telephone conference with L. 6.80 2,108.00
Reynolds (2.8); prepare for and attend telephone call
with N. MacAilely regarding extension of time (7);
follow-up call with A. Baumann (7); exchange emails �-
regarding discovery response materials, litigation
hold letters, cross-party agreements (20 emails sent
and received) (2.6).
08/12/20 CLB Review and respond to various emails regarding 0.80 156.00
client information, discovery documents and experts
(4); review, edit and provide Discovery Defense
Audit File to team (4).
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Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 7
Date Services Hours Amount
08/12/20 AJB Review, analyze, edit and notate Monroe County 2.30 770.50
edits to Petition to Intervene (7); work session with L.
Reynolds and multiple emails regarding scope of
work documents (6); follow up with A. Petrick
regarding discussions with opposing counsel
regarding agreement on discovery and witness
disclosures (5); attention to Joint Litigation
Agreement(5).
08/12/20 ATP Review and respond to emails regarding discussions 1.10 341.00
with Florida Keys Fishing Guides Association counsel
and updates to key word search clarification for
Department of Environmental Protection Public
Records Request.
T)
08/13/20 FLA Review numerous and varied emails regarding expert 0.70 227.50
analysis, intervention and discovery.
c
08/13/20 CLB Review and address email from Division of 1.30 253.50
Environmental Resource Management regarding
Public Records Request keyword search term status
(2); review and respond to various emails regarding °3
team meeting time, Public Records Request status
and compilation of production documents (3); review
Motion to Intervene with additional edits from Monroe
County included (4); compile, prepare, format and E
index documents from L. Reynolds in preparation for
uploading to Everlaw(4).
08/13/20 AJB Attention to execution of Engagement Letters, Joint 3.00 1,005.00
Litigation Agreements and Waivers of Conflict of
Interest (1.0); attention to expert scope of work (5);
conference call with D. Howard, Monroe County (8);
work session with A. Petrick regarding intervention of
Monroe County and identification of research needs
(7).
08/13/20 ATP Review comments from client and litigation team on 3.80 1,178.00
Motion to Intervene and edit same (2.9); review and
respond to emails public records request update and
discovery matters (4); review spreadsheet and
questions drafted by F. Aschauer (5).
08/14/20 FLA Attend working group call (1.0); various email 1.40 455.00
regarding discovery plan proposed by opposing
counsel (4).
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Client Ref: 6439- 001 September 15, 2020
Invoice No. AJB-137344 Page 8
Date Services Hours Amount
08/14/20 CLB Review A. Petrick notes regarding discovery from 6.20 1,209.00
meetings with client and experts and edit with
additional comments from my notes (1.8); draft
individual emails to all experts regarding status of
their production document compilation (8); work with
B. Nuttle regarding his compilation of production 5
documents (7); prepare for and attend expert
witness call to review document compilation and
provide instruction regarding transfer of same (1.4);
prepare for and attend team call to review discovery
status and other document compilation matters (1.5).
08/14/20 AJB Attention to expert witness tasks (6); coordinate with 2.10 703.50
A. Petrick, F. Aschauer and C. Blackwell regarding
pending tasks and potential discovery agreement v,
(1.5).
08/14/20 ATP Prepare for and attend telephone conference with 8.60 2,666.00
expert witnesses regarding follow-up to discovery
response tasks (1.5); prepare for and attend
telephone conference with litigation team to discuss
assignment of pending tasks relative to discovery and °3
motion practice (1.2); telephone call with N. MacAilely
regarding resolution to request for extension of time
and Florida Power& Light Company position on
Motion to Intervene and emails exchanged related E
thereto (.6); review and respond to emails regarding
dissemination of supplemental questions to experts
and access to collected documents; review and
respond to emails regarding assignment of review
tasks in electronic document management system
(35 emails sent and received on all topics) (5.3). �--
08/15/20 CLB Review, prepare, format and index documents from 3.00 585.00
E. Swakon, E. Wexler and B. Nuttle in preparation for
uploading to Everlaw (1.7); follow up with each
witness regarding execution of retention letter(5);
begin to create and develop predictive coding models
in preparation for production document review (8).
08/16/20 CLB Continue to receive, review, prepare, format and 1.50 292.50
index documents from experts for production
response in preparation for uploading to Everlaw.
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Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 9
Date Services Hours Amount
08/16/20 ATP Communicate with L. Reynolds regarding scope of 1.10 341.00
work, sampling methodology, admissibility of expert
witness testimony, and pending discovery tasks (4);
follow up with A. Baumann regarding same (7).
08/17/20 FLA Work on task list. 0.20 65.00
08/17/20 CLB Review, prepare, format and index documents 7.40 1,443.00
received from B. Nuttle in response to discovery and
South Florida Water Management District documents
in response to L. Reynolds Public Records Request
in preparation for uploading to Everlaw (1.9); review
and reformat documents from Division of
Environmental Resource Management contained in
ShareFile in preparation for review by experts (2.2); T
prepare for and attend call with A. Baumann, A.
Petrick and L. Reynolds regarding scope of work (8);
review update email from Department of
Environmental Protection regarding their response to
Public Records Request and review, process,
prepare, format and index documents provided in
various links for uploading to Everlaw(1.9); compile °3
and assign various datasets in Everlaw for production
review (6).
08/17/20 AJB Correspond with A. Petrick regarding scope of field 3.20 1,072.00 E
work(.6); follow up with T. Walker and R. Feldman
regarding same (3); conference call with L. Reynolds
regarding scope of services for Evans (1.0); attention
to scope of services edits (5); attention to edited
Petition to Intervene and follow up with A. Petrick
regarding same (8). �-
Packet Pg. 3741
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Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 10
Date Services Hours Amount
08/17/20 ATP Telephone conference with A. Baumann regarding 5.10 1,581.00
scope of work for original sampling, review document
and follow-up emails regarding same (1.6); prepare
for and attend telephone conference with A.
Baumann and L. Reynolds regarding scope of work
for sampling and budgetary issues (1); receive and 0
review multiple emails regarding collection of
documents from experts in response to discovery and
review in document management system (1.3)(13
emails sent and received); review Department of
Environmental Protection response to public records
request and request for internal meeting (4); review
edits to Motion to Intervene by Monroe County and
associated emails (8).
T
08/18/20 CLB Update Task List (.2); correspondence with A. Petrick 0.40 78.00
regarding document review in preparation for
production (2).
08/18/20 AJM Telephone conference with F. Aschauer regarding 0.20 67.00
wastewater expert witness.
08/18/20 AJB Coordinate with A. Petrick regarding Petition to 1.00 335.00
Intervene by Monroe County (5); attention to edits to
Petition to Intervene (5); attention to discovery
dispute and review and analyze email E
correspondence regarding same (5).
08/18/20 ATP Review and respond to multiple emails from opposing 3.20 992.00
counsel and A. Baumann regarding terms of
discovery extension, follow up call with A. Baumann
regarding same, and follow up emails with staff and
experts regarding deadline for discovery (25 emails
sent and received).
0
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Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 11
Date Services Hours Amount
08/19/20 CLB Research and locate S. Scroggs contact information 4.90 955.50
in preparation for use as witness (9);
correspondence with Florida Keys Aqueduct Authority
regarding discovery review call (1); coordinate team
call (1); correspondence with E. Wexler regarding
status of document compilation (.1); review, prepare, 5
format and index documents from B. Nuttle, Florida
Keys Aqueduct Authority and Lewis, Longman &
Walker, P.A. in preparation for uploading to Everlaw
(2.4); review and respond to various emails regarding
discovery and responding to same (4); continue to
review and develop Artificial Intelligence models in
preparation for document review(9)
0
08/19/20 AJM Exchange email with A. Petrick and A. Baumann 0.50 167.50 v,
regarding expert witnesses (3); exchange email with
R. Snow of Roux consultants regarding possible
expert witness (.2).-total time entry for 8/19/20 .5
hours.
08/19/20 AJB Conference with A. Petrick regarding resolution of 1.70 569.50
discovery dispute with Florida Power& Light °3
Company (7); attention to Florida Power& Light
Company discovery.
08/19/20 ATP Receive and respond to emails with N. MacAilely 2.40 744.00 E
regarding discovery extension and follow up call with
A. Baumann regarding same (7); review emails
regarding collection of discovery information from
experts (1.7).
08/20/20 CLB Review and follow up with Florida Keys Aqueduct 4.20 819.00
Authority regarding compilation and transfer of
discovery documents (5); correspondence with L.
Reynolds regarding documents compiled to date in
response to discovery (8); receive, review, format
and process documents for uploading to Everlaw
(2.9).
Packet Pg. 3743
T.8.a
Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 12
Date Services Hours Amount
08/20/20 AJB Conference call with R. Feldman and T. Walker 3.50 1,172.50
regarding status (7); conference call with Florida
Keys Aqueduct Authority and Monroe County
regarding status and coordination (1.3); attention to
Joint Litigation Agreement (3); finalize, file and serve
Petition to Intervene (8); work session regarding .
coordination of Department of Environmental >
Protection settlement discussion (4); attention to
scheduling calls (3).
08/20/20 AJM Telephone conference with N. Locke of E-Sciences 0.50 167.50
regarding possible expert witness testimony for
industrial waste issues.
0
08/21/20 CLB Review, analyze and correct issues with uploaded 4.90 955.50 y
documents from L. Reynolds (6); Review, analyze
and code documents in Everlaw to corresponding
response number in preparation for production (1.5);
conference call with D. Equinaldo regarding
document compilation (2); prepare for and attend
conference call with A. Petrick and L. Reynolds to
review status of document compilation and answer °3
questions regarding same (1.4); conference call with
A. Petrick to review Everlaw coding of responsive
documents (3); review email from A. Baumann
regarding guidelines for recording time (2); review
Florida Keys Fishing Guides Association's Discovery 2
Tracking document provided by L. Reynolds (7). c
0
08/21/20 AJM Video conference with R. Snow, P. Downhan and W. 1.70 569.50
Silverstein of Roux Environmental Consultants
regarding possible industrial wastewater expert �--
testimony (7); exchange email with Roux consultans
regarding same (4); exchange email with N. Locke of
ESciences regarding possible expert testimony (3); 0)
email to LLW co-counsel regarding potential expert 0
witnesses (3). -total time entry for 8/21/20 1.7 hours.
08/21/20 AJB Attention to correspondence from parties regarding 1.40 469.00
Petition to Intervene (3); conference call with Florida
Department of Environmental Protection regarding
intervention and case (5); edit and finalize Petition to
Intervene for verification by Monroe County and filing
(6).
Packet Pg. 3744
T.8.a
Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 13
Date Services Hours Amount
08/21/20 ATP Review billing practices emails and contract 0.50 0.00
provisions regarding same.
08/21/20 ATP Prepare for and attend telephone conference with L. 2.90 899.00
Reynold and review emails and notes in follow-up
thereto (2.1); review emails regarding the selection of 5
industrial wastewater expert(5); review emails
regarding Motion to Intervene and Department of
Environmental Protections position regarding same _
p g g
(2); review Notice of Hearing for telephonic status
conference from Administrative Law Judge (1).
08/24/20 AJB Attention to executed Verified Petition and filing of 1.70 569.50
same (6); review and analyze pleadings filed in case
(3); attention to discovery responses (5); follow up v,
regarding Status Conference with Administrative Law
Judge (3).
c
08/24/20 AJM Exchange email with N.Locke of E-Sciences for 0.30 100.50
possible expert witness testimony on industrial waste
issues.
08/24/20 ATP Review order and follow-up emails regarding 1.10 341.00
approval of Motion to Intervene for Monroe County
(7); review Notice of Appearance for J. lanno (2);
review email from L. Reynolds regarding discovery E
response (.2) 2
0
08/25/20 CLB Prepare for and attend hearing with Judge Sellars 0.40 78.00
and counsel regarding options for final hearing
location and procedures.
08/25/20 AJM Exchange email with N. Lock regarding possible 0.20 67.00
expert testimony.
08/25/20 ATP Prepare for and attend hearing set by judge to 2.30 713.00
discuss hearing procedures and draft notes for
litigation team regarding same (1.5); follow-up call
with A. Baumann to discuss response, other tasks
(8)
08/26/20 FLA Prepare for internal team meeting/working session 1.30 422.50
(2); attend internal meeting/working session (1.1).
Packet Pg. 3745
T.8.a
Client Ref: 6439- 001 September 15, 2020
Invoice No. AJB-137344 Page 14
Date Services Hours Amount
08/26/20 CLB Review, revise and circulate Task List(6); review 4.90 955.50
and respond to various email regarding document
compilation (5); review, format and process
documents uploaded in ShareFile by experts in
preparation for uploading to Everlaw (1.9); prepare
for and attend team meeting to review discovery
status, document review and expert retention letters
(1.9).
08/26/20 AJB Meet with trial team and coordinate pending tasks 4.10 1,373.50
and identify new tasks and strategy (1.3); conference
call with Florida Keys Aqueduct Authority, Monroe
County and Florida Keys Fishing Guides Association
regarding scope of expert services (2.0); follow up
conference call with L. Reynolds regarding same (5);
attention to Department of Environmental Protection
Public Records Request.
c
08/26/20 ATP Prepare for and attend litigation team meeting to 4.60 1,426.00
provide update on outstanding tasks, discuss Public
Records Request response (1.4); review emails
regarding litigation hold matters, task list, receipt and °3
handling of documents from experts in response to
discovery (15 total sent and received)(2.6); review
order and related emails granting Monroe County's
Motion to Intervene (6)
2
08/27/20 CLB Review and process documents provided by B. Nuttle 2.50 487.50
(3); prepare for and attend video call with Everlaw >
representative to review and receive extensive details
regarding work flow process in anticipation of
receiving voluminous documents from Florida Power --
& Light Company (8); review and assign additional
data groups in preparation for review (6); prepare for
and attend meeting with A. Petrick to review details of
Everlaw suggestions and developing issue codes
(8)•
08/27/20 AJM Telephone conference with A. Baumann and N. 1.30 435.50
Locke of E-Sciences regarding her expert testimony.
Packet Pg. 3746
T.8.a
Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 15
Date Services Hours Amount
08/27/20 ATP Attend work session with C. Blackwell regarding 2.90 899.00
handling of document management for anticipated
production from Florida Power & Light Company and
workflow insight from Everlaw liaison (1); review
emails regarding production materials from experts
and litigation hold response from Department of
Environmental Protection (1.9).
08/27/20 AJB Email from D. Howard and review and analyze Last 1.90 636.50
Stand v. KW Resorts Final Order and Recommended
Order regarding J. Fourgean testimony (1.1);
conference call with potential industrial wastewater
expert N. Locke and follow up regarding same (.8).
0
08/28/20 CLB Review and update Discovery Defense file (.8); 2.70 526.50 v,
update Everlaw and populate with developed issue
coding structure in preparation for running Artificial
Intelligence models to assist with document review
(1.3); prepare for and attend call with A. Petrick and
the experts (.6).
08/28/20 ATP Prepare for and attend expert witness telephone 3.40 1,054.00 °3
conference (.8); review notes from L. Reynolds and
related emails regarding interrogatory answers (.6);
draft follow-up expert witness discovery to Florida
Power & Light Company and email same to litigation E
team (1.6); review emails regarding issue codes (A).
0
08/31/20 FLA Review issue codes for document management and 0.60 195.00
provide suggested addition (.2); review draft 2
discovery (production and interrogatories) related to
Applicant's experts (.3); review emails related to �--
expert services (A).
08/31/20 CLB Attend conference call with A. Baumann regarding 1.50 292.50
retainer agreements and final execution of same (.2); 0
review and update issue codes in Everlaw as
requested by A. Petrick and F. Aschauer (.3); draft
and send individual emails to experts attaching their
final executed retainer agreements (.3); review,
prepare and format potential production documents
uploaded to ShareFile from experts in preparation for
uploading to Everlaw (.7).
08/31/20 AJM Review email and proposal from N. Locke regarding 0.30 100.50
expert consulting.
Packet Pg. 3747
T.B.a
Client Ref: 6439 - 001 September 15, 2020
Invoice No. AJB-137344 Page 16
Date Services Hours Amount
08/31/20 AJB Issue coding and review and analyze incoming 2.00 670.00
discovery/Public Records Request documents (1.5);
review and analyze draft Responses to
Interrogatories (5).
08/31/20 ATP Review information provided by experts and 7.80 2,418.00
documents in electronic document management
system and draft interrogatory response based on
same (6.7); code electronic documents in electronic
document management system and email with C.
Blackwell regarding coding (8); review and respond
to emails regarding issue identification for electronic
document management(3).
0
Summary of Services
Rate Hours Amount
FLA Aschauer, Fred 325.00 14.60 4,745.00
AJB Baumann, Andrew J. 335.00 37.50 12,562.50
CLB Blackwell, Christina L. 195.00 77.70 15,151.50
AJM Malefatto, Alfred J. 335.00 7.60 2,546.00
ATP Petrick, Amy T. 0.00 0.50 0.00
ATP Petrick, Amy T. 310.00 95.20 29,512.00
Total for Services 233.10 $64,617.00
Date Expenses Amount 2
0
07/01/20 Everlaw Usage June - Everlaw, Inc 21.00
07/31/20 Everlaw August 2020 - Everlaw, Inc 231.00
07/31/20 Everlaw August 2020 - Everlaw, Inc -231.00
07/31/20 Everlaw July 2020 - Everlaw, Inc 231.00
Total Expenses $262.00 '✓
Total for Services and Expenses $64,769.00
5
Previous Balance 58,424.50
Payments Since Last Invoice -58,424.50
Amount Due $64,769.00
Packet Pg. 3748
T.8.a
Invoice No. AJB-137344
Invoice Date: September 15, 2020
Client Code: 6439
Client Name: Florida Keys Aqueduct Authority
Matter Code: 001
Matter Name: NPDES Permit Challenge a
0
Total for Services and Expenses $6!1,769.00
Previous Balance 58,424.50
Payments Since Last Invoice -58,424.50
Amount Due $64,769.00
T)
Amount enclosed:
c
Please remit checks to:
Lewis, Longman &Walker, P.A.
PO Box 628742
Orlando, FL 32862-8742
2
0
t card and a-check payments online at:
For your convenience, we accept credi
0
http://www.11w-law.com/template/payment/
For billing questions, please contact our Billing Department at: (561) 640-0820.
.5
Packet Pg. 3749
FLORIDA KEYS IBEMABANK
AQUEDUCT AUTHOR TY Key West,FL ssoao
l r,K EDY DR KEYo y 1 a a�ur
k 111 ii��"iii yNr..=� �v, III •�£
? ERATION P kD,
14
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Pay • - • • - 9• � eC 11,2020�� 6 '490.45
to the Order
ewis Lon, h�&Walk -
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2P24 �` u�� �,� (1�ii�Ii�i"
eta,FL 32862-8742
0
J
J
FKAA Check Number: 07319(
To: Lewis, Longman&Walker,P.A. 5632 Date: 12/11/202(
Invoice Number Date Description PO Number Amount Discount Paid Amount
a)
ABI-137808 10/13/2020 $86,221.47 $0.00 $86,221.47
AIB-138074 11/06/2020 $177,268.98 $0.00 $177,268.98
2
0
2
0
TOTALS: $263,490.45 $0.00
Packet Pg. 3750
f I'
4, z
Requisition for Check
TO Lewis Longman&Walker
Address Street Address
U
515 North Flagler Drive, Suite 1500
Address Line 2
City State!Province/Region �
West Palm Beach FL
Postal/Zip Code
Mail Options Mail Hold
0
Requisitioner* Date` y
Deanna Esquinaldo 12/8/2020
Approval Date
Robert Feldman 12/10/2020
a)
Quantity* Account Number* Description* Amount* �
c�
1 1-1011-63300-10 contractual services-legal 263490.45
Total Amount* $ 263490.45
0
76
Supplemental 11-18-2020 LLW September&October 2020.pdf 21.12MB
Documentation
W
0
Packet Pg. 3751
Action History (UTC-05:00)Eastern Time(US&Canada)
Submit by Deanna Esquinaldo 12/8/2020 9:56:07 AM (Start)
Approve by Robert Feldman 12/10/2020 9:10:46 AM (Supervisor Review)
The task was assigned to Robert Feldman 12/81/2020 9:66 AM
Data Entered in System by Diancy Fundora 12/10/2020 12:18:18 PM (Finance Team Approval)
Diancy Fundcra assigned the task to Diancy Fundora 12/10/2020 12:18 PM
The task was assigned to Karla Garcia, Mairirn Perez, Diancy Fundora,Venda Starr 2
0
12/10/2020 9:10 AM >
0
T)
0
c�
2
0
0
0
Packet Pg. 3752
BOARD OF DIRECTORS, FLORIDA KEYS AQUEDUCT AUTHORITY
AGENDA ITEM SUMMARY
AGENDA ITEM: OOC-oI TAB: CONSENT: z REGULAR:
MEETING DATE:
November 18, 2020 DIVISION: Office of Counsel
AGENDA TITLE:
Consideration to approve payment to Lewis, Longman &Walker for professional services rendered and 0
expenses incurred for the month of Sept. & Oct. 2020 regarding defense for potential administrative
challenge to Florida Power& Light's NPDES Permit for Turkey Point Cooling Canal System $263,490.45.
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 Cooling Canal System.
Discussions are underway with Monroe County to intervene with the Authority and will share in the
expenses in these proceedings. T)
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS:
Approved LLW to provide legal services for this petition.
STAFF RECOMMENDATION (MOTION):
The Board of Directors approve payment to Lewis, Longman &Walker for professional services rendered
and expenses incurred for the months of September& October 2020 in the amount of$263,490.45. 2
0
SUPPLEMENTAL INFORMATION:
Total payments made to Lewis, Longman &Walker including the current invoice is $434,989.95. Monroe
County has moved to intervene in this case with FKAA and pay 50% of the legal fees.
DOCUMENTATION: Included: ® To-Follow: Not Required:
263,490.45 )
Cost to F $ BUDGETED: Yes 2✓ No 0 y
Cost to Others: $
Total Cost: $ 263,490.45
DEPARTMENT: Executive DEPARTMENT MANAGER APPROVAL:
Reviewed b : o'm°:== =`
Y Internal Auditor General Counsel: Executive Director
BOARD ACTION:
Approved: --- Tabled: ❑ Disapproved:❑ Recommendation Revised:LI
Comments:
Date: 6 Qvf^LcA 1L Recording Clerk: m
Packet Pg. 3753
LEWIS 515 North Flagler Drive, Suite 1500
L LW I LONGIVIAN
West Palm Beach,FL 33401
WALKER Tel 561-640-0820
Fax 561-640-8202
1'ax ID No. 65-0500793
Florida Keys Aqueduct Authority October 13, 2020
C/O Robert T. Feldman, General Counsel Invoice No. AJB-137808
1100 Kennedy Drive
Key West, FL 33040
CLIENT: 6439 - Florida Keys Aqueduct Authority
Re: 001 NPDES Permit Challenge
VIA ELECTRONIC MAIL
T)
Date Services Hours Amount
08/13/20 FLA Review motion to intervene and provide 1.00 325.00
comments/edits (0.9); review edits provided by the
County (0.1).
08/18/20 FLA Telephone conference with A. Malefatto regarding 0.20 65.00 °3
wastewater expert witness. a,
09/01/20 CLB Review and revise task list (3); draft emails to 1.20 234.00
experts to follow up on production document
compilation (4); email correspondence with D. 2
Esquinaldo regarding document compilation and c
issues regarding same (5). >
0
09/01/20 AJB Conference call with R. Shillinger and D. Howard, 1.10 368.50 0.
Monroe County regarding expert witnesses (4); --
follow up conference call with L. Reynolds regarding
expert witness work scope (7).
09/02/20 CLB Conference call with Everlaw regarding predictive 3.10 604.50
coding and receive specific direction for developing
parameters for this case and construct and develop
same (1.9); attend conference call with A. Baumann
regarding experts and their sampling efforts (2);
attend call with A. Baumann and provide him with
detailed instruction for coding documents in Everlaw
in preparation for production of same (1.0).
Packet Pg. 3754
r
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 2
Date Services Hours Amount
09/02/20 AJB Work session to coordinate coding of discovery 3.70 1,239.50
documents (1.0); conference call with experts to y
discuss settlement concepts (1.2); review, analyze
and issue code documents responsive to discovery 0
(1.5).
09/03/20 CLB Review and respond to various emails regarding 1.80 351.00
status of discovery document compilation (2); review
and edit with necessary data the Answer to Florida
Power& Light Company Interrogatories to include
correspondence with experts to obtain additional
information (1.1); draft retention letter for L Reynolds
and provide to A. Baumann for review (5). T
09/03/20 AJB Review and analyze discovery documents and issue 3.20 1,072.00
code same.
09/04/20 FLA Working conference with C. Blackwell to finalize 0.40 130A0
public records request with defined search terms. -
09/04/20 CLB Review, prepare, format and index a voluminous set 3.20 624.00
of emails received from Florida Keys Aqueduct
Authority in preparation for uploading to Everlaw
(2.2); prepare for and attend conference call with F.
Aschauer regarding submission of the keyword c
search terms to Department of Environmental
Protection and finalize and submit same (1.0).
2
09/04/20 AJB Attention to discovery documents and issue coding of 2.20 737.00
same.
09/06/20 FLA Review emails relating to discovery. 0.20 65.00
09/07/20 CLB Begin to review and code emails received from 5.50 1,072.50
Florida Keys Aqueduct Authority for responsiveness
to production request and issue codes.
09/08/20 FLA Prepare for meeting with C. Blackwell regarding 1.50 487.50
discovery by reviewing discovery requests and draft
responses (0.9); review and respond to emails
regarding public records request (0.2); begin review
Florida Department Environmental Protection's
discovery responses (0.4).
Packet Pg. 3755
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page
Date Services Hours Amount
09/08/20 CLB Continue to review and code for responsiveness and 1.10 214.50
issues the emails received from Florida Keys y
Aqueduct Authority.
0
09/08/20 AJB Attention to coding documents and review of same 1.50 502.50
for discovery responses. ,
09/09/20 FLA Continue review of Florida Department of 3.00 975.00
Environmental Protection's discovery responses and
analyze for consistency with discovery rules as well
as substance of response (1.1); review responses
from Florida Keys Aqueduct Authority experts to
Florida Power & Light discovery in preparation for
working session regarding same (0.3); working
session with C. Blackwell regarding discovery (0.7);
review and revise, as necessary, draft interrogatory
responses (0.6); review draft motion to amend order
of pre-hearing instructions (0.1); emails regarding
public records requests (0.2). _
09/09/20 CLB Review and respond to various emails from 0.20 39.00
Department of Environmental Protection regarding
Public Records Requests.
2
09/09/20 CLB Review, prepare and index additional documents 6.10 1,189.50
received from experts for potential production to
Florida Power & Light Company (4); begin to
receive, format and download documents received
from Department of Environmental Protection
pursuant to our Request for Production then meet
with B. Pennington to continue the task (2.0); update
discovery file with all requests and productions
received and sent to date (7); continue to review and
code Florida Keys Aqueduct Authority emails for
responsiveness and issue (1.7); prepare for and
attend conference call with F. Aschauer to review and
provide status regarding Public Records Request's,
discovery deadlines, document compilation and >
review and motion regarding Department of
Environmental Protection response to production
request (8); attend conference call with A. Baumann
to review and finalize L. Reynolds retainer letter and
submit same to witness (.5).
Packet Pg. 3756
T.8.b
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJ13-137808 Page 4
Date Services Hours Amount
09/09/20 AJB Attention to documents for Response to Request for 0.90 301.50
Production of Documents (6); Conference call with
regarding expert engagement letter(3).
0
09/10/20 FLA Review/finalize public records requests to water 1.60 520.00
management district and Miami-Dade Division of
Environmental Resource Management (1.1); review
motions to compel in anticipation of potential
discovery dispute with Florida Department of
Environmental Protection (0.2); prepare for meeting
with A. Bauman regarding various discovery issues
and public records requests (0.3).
09/10/20 CLB Continue to review documents from Florida Keys 7.60 1,482.00
Aqueduct Authority for responsiveness to Request for
Production and issues (2.6); receive, review, prepare,
format and index documents received from L.
Reynolds in preparation for uploading to Everlaw for
review(1.6); conference call with M. Weiss from
Department of Environmental Protection to review °3
keyword search terms and provide summary email of
additional information needed to begin processing
(1.3); email correspondence with each expert
regarding potentially responsive documents for E
production (4); conference call with E. Wexler to 2
0
review status of compilation and answer questions
accordingly and receive details regarding documents
on hard drive, to include a call with F. Aschauer (1.3);
review and finalize South Florida Water Management
District Public Records Request and coordinate �--
submission (4).
09/10/20 AJB Draft, edit and finalize Answers to Florida Power & 1.20 402.00
Light Company's Interrogatories.
09/11/20 FLA Working conference regarding discovery and public 1.20 390.00
records request.
0
Packet Pg. 3757
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 5
Date Services Hours Amount
09/11/20 CLB Review and respond to various emails regarding 8.40 1,638.00
discovery responses (3); update Task List (5);
prepare for and attend call with experts to receive
update on status of document compilation and draft 0
email to experts regarding emails needed to include
basic search terms for compiling same (2.1);
continue to review and code Florida Keys Aqueduct
Authority emails for responsiveness and issues (4.1);
review and respond to email from Department of
Environmental Protection regarding additional
clarification regarding Public Records Request (3);
prepare for and attend call with F. Aschauer and A.
Baumann regarding issues with Department of y
Environmental Protection discovery responses and
provide update regarding Florida Power& Light
Company potential permit modification under the
Power Plant Citing Act (9); review potential Joint
Motion to Modify Order of Prehearing Instructions
provided by Department of Environmental Protection
(2).
c�
09/11/20 AJB Work session regarding coordination of discovery 3.80 1,273.00
issues and formulate strategy regarding same (1.0);
additional edits to Response to Interrogatories (6);
review, analyze, identify and code documents for c
discovery (2.2).
09/12/20 CLB Continue to code Florida Keys Aqueduct Authority 3.20 624.00
emails for responsiveness and issues in preparation
for producing same.
09/13/20 FLA Prepare response to Florida Department of 2.00 650.00
Environmental Protection's assertion of time
necessary to fulfill the request (1.3); outline Florida
Department of Environmental Protection's discovery )
response in anticipation of potential motion to
compel/for sanctions (0.7).
5
Packet Pg. 3758
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 6
Date Services Hours Amount
09/13/20 CLB Continue to code Florida Keys Aqueduct Authority 6.70 1,306.50
emails for responsiveness and issues in preparation
for production (3.8); review, format and index 0)
documents received from L. Reynolds, W. Nuttle and 0
J. Fourqurean in preparation for uploading to Everlaw
for potential production (1.1); review and code W.
Nuttle documents for responsiveness and issues in
preparation for production (9); review letter to
Department of Environmental Protection regarding
invoice and delayed response to Public Records
Request from June 2020 (2); review discovery
responses from Florida Power & Light Company and
make note of questions and issues with same (7). y
09/13/20 ATP Review emails from F. Aschauer regarding 0.40 124.00
Department of Environmental Protection responses
to public records request and discovery.
09/14/20 FLA Review emails related to discovery and public 3.10 1,007.50 -
records request (0.2); prepare for team meeting
(0.5); review draft motions to compel in anticipation of
filing same against Florida Department of
Environmental Protection in response to improper
objections in discovery responses (0.3); participate in
working conference regarding discovery with internal c
team (1.4); draft email to Florida Department of
Environmental Protection regarding discovery
responses and insufficiency of objections (0.3);
review documents for production as part of response
to Florida Power& Light request to produce
documents (0.3); review responsive email from
Florida Department of Environmental Protection
regarding objections and conference on same (0.1).
Packet Pg. 3759
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 7
Date Services Hours Amount
09/14/20 CLB Continue to review and code Florida Keys Aqueduct 6.60 1,287.00
Authority emails for responsiveness and issues in
preparation for production (1.5); prepare for and °'
attend call with A. Petrick to provide update on review 0
and discovery status (7); prepare for and attend
team meeting to review discovery, receive direction
on review assignments and responding to
Department of Environmental Protection production
(1.3) prepare for and attend call with A. Petrick and L.
Reynolds to review pending documents needed for
production as well as interrogatory responses (7);
attend conference call with A. Petrick to review
coding process for production (4); review, format and y
prepare additional documents from L. Reynolds for
uploading to Everlaw(9); review and assign
document review as directed (1.1).
09/14/20 AJB Attention to expert engagement letters (5); work 1.50 502.50
session and coordinate discovery tasks with trial -
team (1.0).
c�
09/14/20 ATP Prepare for and attend telephone conference with C. 7.60 2,356.00
Blackwell to address status of production (1); prepare
for and attend telephone conference with litigation
team to discuss pending tasks, corporate B6
representative request (1.2); prepare for and attend
telephone conference with L. Reynolds to discuss
pending production materials (1); review and respond
to emails regarding production, corporate B6
representative meeting with experts, Department of
Environmental Protection discovery responses (15
emails sent and received)(2.2); review and edit
discovery responses (2.2).
.5
Packet Pg. 3760
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 8
Date Services Hours Amount
09/15/20 FLA Prepare outline of improper objections raised by 6.30 2,047.50
Florida Department of Environmental Protection in y
discovery responses for discussion with Florida
Department of Environmental Protection's attorneys
(as required by order of pre-hearing instructions) or, if
necessary, motion to compel (3.1); research related
to Florida Department of Environmental Protection's
objections to discovery (0.9); working conference with
C. Blackwell regarding document production (0.4);
call with Florida Department of Environmental
Protection attorneys regarding objections (0.9);
continue reviewing documents for production (0.5);
call A. Baumannn regarding discovery conference
with Florida Department of Environmental Protection
attorneys (0.2); draft email to Florida Department of
Environmental Protection attorneys regarding
communications about Florida Department of
Environmental Protection objections in discovery
responses (0.3).
09/15/20 CLB Review and respond to various emails regarding 7.90 1,540.50
discovery and trial deadlines (.3); prepare for and
attend call with F. Aschauer to provide direction
regarding Everlaw review and coding process (A);
continue to review and code emails from Florida Keys c
Aqueduct Authority for responsiveness and issues in
76
preparation for production (5.2); conference call with
E. Wexler to review contents of hard drive and begin
to process and prepare applicable data for uploading
to Everlaw(1.0); review, format and prepare
documents received from Department of
Environmental Protection in response to production
request for uploading to Everlaw(1.0).
09/15/20 AJB Work session with F. Aschauer regarding result of 0.50 167.50
conferral with Department of Environmental
Protection regarding discovery matters.
.5
09/15/20 ATP Review and respond to emails regarding status of 2.90 899.00
discovery production and Department of
Environmental Protection discovery response (.9);
review and code documents in electronic discovery
management program for production in response to
Florida Power& Light Company discovery request
(2).
Packet Pg. 3761
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 9
Date Services Hours Amount
09/16/20 FLA Continue review of discovery documents for 6.00 1,950.00
production (4.1); review emails related to discovery
and motion to compel (0.1); prepare for and 0)
participate in call with experts to discuss/analyze 0
potential designation as (b)(6) designee(s) (1.8).
09/16/20 CLB Review emails and attachments from L. Reynolds to 9.90 1,930.50
include Florida Power& Light Company memo
regarding Supplemental Salinity Management Plan
from July 30, 2020 (4); draft email to all experts
regarding status of email compilation and review and
respond to same (3); update discovery audit file (2);
continue to code various documents for y
responsiveness and issues in preparation for
production (4.2); assist experts with email compilation
exports (4); attend call with L. Reynolds regarding
status and review of email compilation (3); receive
emails from J. Fourqurean, E. Wexler and a partial
set of emails from L. Reynolds, review, format and -
prepare same for uploading to Everlaw(2.1); prepare
for and attend call with experts and client to review
and assign topics for Corporate B(6) depositions and
draft summary email requesting availability for same
to team (2.1).
0
09/16/20 ATP Review documents for production in response to 9.20 2,852.00
discovery request (5); prepare for and attend
telephone conference with expert witnesses
regarding corporate B6 deposition request (2); review
and respond to emails regarding discovery
production, corporate B6 deposition request, and
public records request status (18 emails sent and
received)(2.2).
09/17/20 FLA Continue document review(6.2). 6.20 2,015.00
09/17/20 CLB Continue to review and code various documents for 8.30 1,618.50
responsiveness and issues in preparation for
production (5.9); begin to transfer large volume of
modeling data from E. Wexler on to ftp site in
preparation for production (2.4).
Packet Pg. 3762
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 10
Date Services Hours Amount
09/17/20 AJB Conference call with L. Reynolds regarding expert 1.90 636.50
work and field sampling (7); conference call with M. y
Sarkisyan, Department of Environmental Protection 0)
regarding potential settlement discussions (5); work 0
session with A. Petrick regarding discovery and
witness materials (7). ,
09/17/20 ATP Telephone call with A. Baumann regarding discovery 9.70 3,007.00
production status (7); complete review and coding of
3,400 documents for production in response to
discovery (7.8); review and respond to multiple
emails regarding production and document review
assignments (24 emails sent and received)(1.2). T
09/18/20 CLB Continue to prepare and format large modeling files 7.60 1,482.00
in preparation for production (1.6); receive, review,
prepare and format additional documents from L.
Reynolds in preparation for uploading to Everlaw for
production (8); multiple conference calls and emails -
with A. Petrick regarding finalizing written discovery
and production of documents (1.0); continue to code
various documents for responsiveness and issues in
preparation for production (4.2).
2
09/18/20 ATP Update interrogatory answers and request for 7.80 2,418.00
production answers (3.9); telephone calls with C.
Blackwell regarding document production and
discovery completion (1); emails regarding discovery
production, propose changes to prehearing order of
instructions, corporate B6 designation (29 emails
sent and received)(2.9)
09/19/20 CLB Assist with finalizing final written production and 3.80 741.00
finalize, prepare and produce production documents
to Florida Power & Light Company.
09/19/20 ATP Multiple telephone calls with C. Blackwell and B. 5.80 1,798.00
Pennington regarding discovery filings (6); emails
regarding discovery filings (12 emails sent and
received) (1.2); review privilege coded materials (9);
complete interrogatory answers and request for
production answers for filing (3.1).
09/20/20 FLA Review emails related to discovery. 0.10 32.50
Packet Pg. 3763
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 11
Date Services Hours Amount
09/20/20 FLA Review Florida Department of Environmental 0.70 227.50
Protection's amended response to request for y
production (0.4); draft email response and circulate
internally for review(0.2); draft email to Florida 0
Department of Environmental Protection regarding
interrogatories (0.1). ,
09/21/20 FLA Review Florida Department of Environmental 0.10 32.50
Protection email regarding interrogatory
responses/objections.
09/21/20 CLB Review and respond to various emails regarding 2.70 526.50
discovery and Corporate B(6) depositions to include y
follow up correspondence with the witnesses
regarding their availability (4); review amended
discovery responses from Department of
Environmental Protection and corresponding emails
(3); draft calendar for tracking expert availability for
Corporate B(6) depositions and begin logging time -
accordingly (1.0); draft and provide to opposing
counsel a spreadsheet cross referencing the
produced documents with the request number they
are responsive to (6); email correspondence with L.
Reynolds regarding preparation for the Corporate E
B(6) depositions (4).
76
09/21/20 ATP Telephone call with A. Baumann discussing discovery 7.40 2,294.00
status (5); review and coding of additionally
produced documents provided in response to
discovery (3.5); review and respond to emails from
court system regarding discovery filing and
production of spreadsheet to opposing counsel (7
emails) including review of spreadsheet (9); review
and respond to emails regarding Department of
Environmental Protection's handling of public records
request, corporate B6 designees, and scheduling of
work session with L. Reynolds (15 emails)(2.5).
09/22/20 FLA Begin drafting motion to compel production of 1.70 552.50
documents for which privilege has been improperly
invoked and motion to strike improper objections.
09/22/20 CLB Call with A. Petrick regarding coding status in 0.90 175.50
Everlaw (3); prepare for and attend call with L.
Reynolds, A. Petrick and A. Baumann regarding
Corporate B(6) deposition appointments.
Packet Pg. 3764
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 12
Date Services Hours Amount
09/22/20 ATP Review and code electronic documents for 6.60 2,046.00
supplemental production (4.9); emails regarding new y
Florida Power& Light Company proposal (.6);
telephone call with L. Reynolds regarding corporate 0
B6 deposition representatives (1.1).
09/22/20 AJB Work session with A. Petrick and L. Reynolds 1.00 335.00
regarding Corporate B6 depositions (.5); follow up
work session with A. Petrick regarding coordination of
response to Florida Power & Light Company (5).
09/23/20 FLA Continue drafting motion to compel/strike (1.8); 2.00 650.00
research related to scope of relevance objections in T
discovery to support motion against Florida
Department of Environmental Protection's assertion
of relevance objections (0.2). c
09/23/20 CLB Begin to review and revise Task List to include review 3.20 624.00
and analysis of documents that need to be reviewed -
for supplemental production to Florida Power & Light
Company (8); attend call with A. Petrick regarding
updated Corporate B(6) deposition representatives
and receive direction regarding finalizing same (2);
draft email to witnesses with updated representatives
regarding confirmation of acceptance and availability c
(4); draft availability calendar and update with
availability for litigation team and all experts and
circulate to team to include additional
correspondence with witnesses (1.8).
09/23/20 ATP Telephone call with C. Blackwell to discuss document 8.50 2,635.00
review(4); telephone call with A. Baumann regarding
document review, corporate B6 issues (4); telephone
call with F. Aschauer regarding Expert Interrogatories
and document review (3); review and code hundreds
of documents for supplemental production and use in
corporate B6 preparation (5.9); review and respond
to emails regarding corporate B6 representatives,
retainer agreement for new expert, Expert
Interrogatory filing, and Motion to Amend Prehearing
Instructions (20 emails)(1.5).
09/23/20 AJB Attention to Corporate B6 depositions (5); attention 1.20 402.00
to discovery to Florida Power& Light Company (7).
Packet Pg. 3765
i
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 13
Date Services Hours Amount
09/24/20 FLA Continue research regarding scope of relevance 4.40 1,430.00
objections in discovery to support motion against y
Florida Department of Environmental Protection's
assertion of relevance objections (2.2); prepare for 0
and attend internal working session regarding case
strategy, etc. (1.8); review emails relating to (b)(6)
deposition (0.2); review W. Nuttle comment regarding
new freshening plan (0.2).
09/24/20 CLB Finalize review, analysis and formatting of documents 6.70 1,306.50
from L. Reynolds in preparation for uploading to
Everlaw and update Task List with all data that
remains to be reviewed (2.6); prepare for and attend y
team meeting to review Corporate B(6) depositions,
document review and pending discovery (2.1); review
emails from experts, update availability calendar and
provide A. Petrick with dates to offer for the
Corporate B(6) deposition of each representative (9);
update Everlaw to include appropriate B(6) deposition _
folders for each witness (7); review and prepare for
filing Second Request for Production to Florida
Power& Light Company (4).
09/24/20 ATP Telephone conference with litigation team regarding 7.30 2,263.00 E
pending tasks (1); review of supplemental documents
provided in response to discovery (3.2); emails
regarding corporate B6 deposition scheduling and
preparation, discovery response and discovery to be
propounded, and Florida Power& Light Company's
anticipated proposal (21 emails sent and
received)(3.1)
09/24/20 AJB Attend trial team meeting and coordinate pending 1.50 502.50
and new tasks.
09/25/20 FLA Working session with C. Blackwell regarding public 1.40 455.00
records requests (0.2); review Miami-Dade review
technical comment letter of Florida Power& Light >
remedial action annual status report (1.1); review WK
Nuttle comments on Florida Power& Light July 30
letter (0.1).
Packet Pg. 3766
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 14
Date Services Hours Amount
09/25/20 CLB Update availability calendar and provide to A. Petrick 7.80 1,521.00
to review and provide further direction (1.5); update y
discovery file (3); complete review, analysis and
preparation of additional documents from L. Reynolds
for uploading to Everlaw(8); compile and assign new
Everlaw upload files for review and coding for ,
supplemental production to Florida Power& Light
Company (6); call with F. Aschauer regarding
pending Public Records Request's and expert
discovery and receive further direction regarding
same (.2); review and prepare expert discovery for
filing to Florida Power& Light Company (4); prepare
for and attend call with expert team and litigation
team to review Corporate B(6) questions, finalizing
expert opinions and receive further instruction
regarding same (1.4) update deposition chart
pursuant to A. Petrick instruction and begin to finalize
dates for same (1.6); continue to review, analyze and
issue code Florida Keys Aqueduct Authority emails in -
preparation for supplemental production (.1.5).
09/25/20 ATP Prepare for and attend expert witness team meeting 6.40 1,984.00
(1.1); review supplemental documents provided in
response to discovery from L. Reynolds (4.4); emails E
regarding scheduling corporate B6 depositions and
deposition preparation and propounding expert
discovery to Florida Power& Light Company (7
emails sent and received)(9)
09/25/20 AJB Prepare for and attend conference call with experts to 1.90 636.50
coordinate with experts regarding Corporate B6 (1.5);
emails with opposing counsel (4).
09/26/20 FLA Continue drafting motion to compel/strike (2.5); 4.10 1,332.50
research regarding joint defense privilege/common
defense for use in motion to compel documents for
which Department of Environmental Protection has 2
claimed privilege (0.8); research regarding >
application of work production to documents of a
public agency prior to any litigation (0.8).
Packet Pg. 3767
Client Ref: 6439 - 001 October 13, 2020
Invoice No.AJB-137808 Page 15
Date Services Hours Amount
09/26/20 CLB Calculate and calendar deadlines based on Joint 4.50 877.50
Motion to Amend (2); review and respond to various y
emails (3); draft expert discovery to Department of
Environmental Protection (6); continue to review,
analyze, and code for responsiveness and issues
Florida Keys Aqueduct Authority emails in ,
preparation for supplemental production (3.4).
09/26/20 ATP Provide staff with direction regarding propounding 1.40 434.00
discovery to Florida Power& Light Company,
scheduling corporate B6 preparation sessions, and
coding of documents, and review of information sent
to expert witnesses regarding reasonable assurances
standard (11 emails sent and received).
09/27/20 FLA Continue drafting motion to compel/strike (1.3). 1.30 422.50
09/27/20 CLB Continue to review, analyze, and code for 1.70 331.50
responsiveness and issues Florida Keys Aqueduct -
Authority emails in preparation for supplemental
production.
09/28/20 FLA Continue drafting motion to compel/strike (2.8); 3.10 1,007.50
revise letter to Florida Department of Environmental
Protection regarding public records request (0.2); c
review emails related to filings at Division of
Administrative Hearing (0.1).
0
09/28/20 CLB Finalize coordination of Corporate B(6) deposition 1.50 292.50
prep sessions and calendar accordingly (4); continue
to review, analyze and code for responsiveness in
preparation for filing a supplemental production
response (1.1).
09/28/20 ATP Review documents for supplemental production (2.1); 7.20 2,232.00
review motion to compel factual predicate and offer
comments to F. Aschauer (3); review and respond to
edits for amended executed interrogatory answers for >
FKFGA (4); review and respond to emails regarding
filing of interrogatory answers, corporate B(6)
deposition designation, order amending prehearing
instructions, documents provided by L. Reynolds (30
emails sent and received)(4.4)
Packet Pg. 3768
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 16
Date Services Hours Amount
09/29/20 FLA Continue drafting motion to compel/strike (2.1); 3.10 1,007.50
research regarding the meaning of"until the
conclusion of litigation" in section 119.071, Florida
Statutes, and its implications in compelling disclosure 5
of documents withheld by Florida Department of
Environmental Protection (0.4); research regarding
the attorney-client privilege and waiver with relation to
the"reasonably necessary for the communication"
language (0.5); email experts regarding coordinating
depositions and beginning preparation (0.1).
09/29/20 CLB Continue to review and code for responsiveness 2.90 565.50
Florida Keys Aqueduct Authority emails in v,
preparation for supplemental production (1.5);
coordinate with L. Reynolds alternate dates for the
deposition preparation call with J. Fourqurean (2);
review and respond accordingly to emails regarding
depositions and document review (1.0); call with F.
Aschauer regarding responding to Public Records
Request questions from Department of °3
Environmental Protection and retention of N. Locke
(2).
09/29/20 AJB Conference call with D. Howard regarding status and 4.40 1,474.00 E
corporate representative depositions (.7); Conference
call with E.J. Wexler regarding expert testimony (1.7);
work session with A. Petrick regarding hydrologic
modeling issues (5); review and analyze
groundwater modeling documents (1.5).
09/29/20 ATP Review and respond to emails regarding Division of 2.80 868.00
Administrative Hearings filings, public records
request response from Florida Power& Light
Company, deposition scheduling and corporate
representative preparation (28 emails sent and
received). v,
09/30/20 FLA Continue drafting/review/revising motion to 1.50 487.50 >
compel/strike.
Packet Pg. 3769
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 17
Date Services Hours Amount
09/30/20 CLB Compile, prepare, export and delete all documents 4.60 897.00
coded as "Cold" in Everlaw (7); prepare for and
attend Corporate B(6) deposition preparation call with
J. Reynolds, A. Petrick and other experts (2.7);
review and respond to various emails (5); update
Task List (4); calculate and calendar discovery
response deadlines for Florida Power& Light
Company and department of Environmental
Protection and update Discovery Audit File with same
(3).
09/30/20 AJB Attend portions of corporate representative 4.30 1,440.50
deposition preparation of J. Reynolds (2.5); T
conference call with E.J. Wexler regarding results of
groundwater model and steps to complete update of
same (1.8).
09/30/20 ATP Prepare for and attend telephonic deposition 5.90 1,829.00
preparation conference with J. Reynolds, T. Walker, -
EJ Wexler, W. Nuttle, J. Fourqurean, K. Martin, A.
Baumann, and L. Reyoods (3.9); review and respond
to emails regarding call with opposing counsel,
question regarding update to mitigation plan and
possible abatement, and reasonable assurances E
question by expert (14 emails sent and
received)(1.4); review documents provided by L.
Reynolds in follow up to J. Reynolds deposition >
0
preparation call (6),
Summary of Services
Pate Hours Amount
FLA Aschauer, Fred 325.00 56.20 18,265.00
AJB Baumann, Andrew J. 335.00 35.80 11,993.00
CLB Blackwell, Christina L. 195.00 128.70 25,096.50
ATP Petrick, Amy T. 310.00 96.90 30,039.00
Total for Services 317.60 85,393.60 >
Date Expenses Amount
08/31/20 Everlaw Usage September 2020 - Everlaw, Inc 819.00
09/10/20 Cable that was required to read hard drive from client- Chris Blackwell 8.97
Total Expenses 827.97
Client Ref: 6439 - 001 October 13, 2020
Invoice No. AJB-137808 Page 18
Total for Services and Expenses $86, 1.47
Previous Balance 64,769.00
w
Payments Since Last Invoice -0 00 0
Amount Due $10,990.47
Open Invoices for this Matter
Cate Invoice No. Amount Billed Amount Paid Amount Clue
09/15/20 137344 64,769.00 0.00 64,769.00 v,
Outstanding Amount Clue: 64,76 .00
Current and Outstanding Amount Due: $160,990.47
2
0
0
Packet Pg. 3771
Invoice No. AJB-137808
Invoice Date: October 13, 2020
Client Code: 6439
Client Name: Florida Keys Aqueduct Authority
Matter Code: 001
Matter Name: NPDES Permit Challenge
Total for Services and Expenses $ 6,221.47
Previous Balance 64,769.00
Payments Since Last Invoice -0.00
�_
Amount Due $160,990.47
0
Amount enclosed:
Please remit checks to:
Lewis, Longman & Walker, P.A.
PO Box 628742
Orlando, FL 32862-8742
0
2
For your convenience, we accept credit card and e-check payments online at:
http://www.11w-law.com/template/payment/
For billing questions, please contact our Billing Department at: (561) 640-0820.
Packet Pg. 3772
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LEWIS 515 North Flagler Drive, Suite 1500
L LW I LONGMAN West Palm Beach,FL 33401
WALKER let 561-640-0820
F'ax 561-640-8202
lax 11)No. 65-0500793
Florida Keys Aqueduct Authority November 6, 2020
C/O Robert T. Feldman, General Counsel Invoice No. AJB-138074
1100 Kennedy Drive
Key West, FL 33040
CLIENT: 6439 - Florida Keys Aqueduct Authority
Re: 001 NPDES Permit Challenge
VIA ELECTRONIC MAIL T)
Date Services Hours Amount
10/01/20 FLA Finalize Motion to Compel (2.4); prepare for and 3.60 1,170.00
participate in call with K. Martin (0.8); review emails
related to depositions (0.1); research attorney
work-product privilege under public records law, as _
applicable in administrative proceeding (0.3).
10/01/20 CLB Compile, format and prepare documents for 3.60 702.00
uploading into Everlaw to use at the Corporate B(6)
deposition of J. Reynolds (5); continue to analyze
and code Florida Keys Aqueduct Authority's emails c
for responsiveness to Request for Production of
Documents and for case issues in preparation for
supplemental production of documents (2.4); email
correspondence with Miami-Dade Division of
Environmental Resource Management regarding
Public Records Request status (1); call with A.
Baumann regarding switch in coverage for Corporate
B(6) depositions, call F. Aschauer regarding same
and coordinate and reschedule preparation for same
(6).
Packet Pg. 3774
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 2
Date Services Hours Amount
10/01/20 ATP Prepare for and attend telephone call with N. 5.70 1,767.00
McAilely, J. lanno, and M. Sarkisyan regarding y
handling of deposition and follow-up emails regarding
same (1.4); emails regarding updating attestation
block on verified interrogatories, scheduling of
deposition preparation schedule, request to add
attendee to corporate representative preparation for
J. Fourquerean, and scheduling of deposition for
Monroe County corporate representative (18 emails
sent and received)(3.1); review and coding of
documents for supplemental production and use in
deposition preparation sessions(1.2).
Ln
10/01/20 AJB Attention to deposition preparation. 0.50 167.50
10/02/20 FLA Continue finalizing motion to compel/strike. 2.20 715.00
10/02/20 ATP Review and respond to emails regarding production 2.20 682.00
of documents through Sharefile and coordination of _
Monroe County's corporate representative deposition
(7); draft corporate representative topics for
deposition of Florida Power& Light Company
representative (6); review documents for use in
deposition preparation (9).
0
10/02/20 CLB Continue to review Florida Keys Aqueduct Authority 2.60 507.00
emails for responsiveness and issues in preparation >
for supplemental production; review and respond to
various emails regarding Corporate B(6) depositions
(2).
10/02/20 NJP Telephone correspondence with F. Aschauer 1.10 247.50
regarding Motion; receive, review, and edit same;
provide comments to same.
10/04/20 ATP Review documents for production and for use in 3.60 1,116.00
deposition preparation; draft and submit for review
corporate representative topics for Florida
Department of Environmental Protection.
10/05/20 FLA Prepare for depo prep session with K. Martin. 3.90 1,267.50
10/05/20 CLB Prepare for and attend deposition prep with S. 2.50 487.50 E
Friedman, A. Petrick and others from the team.
Packet Pg. 3775
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 3
Date Services Hours Amount
10/05/20 AJB Work session with F. Aschauer regarding Motion to 1.20 402.00
Compel Discovery and review, analyze and edit draft y
of same.
0
10/05/20 ATP Prepare for and attend telephone preparation session 6.80 2,108.00
with S. Friedman (4.0); review and respond to emails
regarding deposition preparation, public records
request response, interrogatory answers, call with
fishing guides, and Motion to Compel (19 emails sent
and received)(2.8).
10/06/20 FLA Participate in deposition prep session with K. Martin 5.50 1,787.50
(assisted by other experts) acting as (b)(6). T
10/06/20 CLB Prepare for and attend Corporate B(6) deposition 6.20 1,209.00
preparation meeting with K. Martin, legal team and
expert team to take critical notes regarding testimony
and exhibits needed.
10/06/20 ATP Research corporate representative deposition rules 3.00 930.00
and email F. Aschauer with results of same (1.5);
review and respond to emails regarding deposition
preparations scheduling, motion to compel and to
strike, scheduling of mayor's deposition, public
records request, Everlaw assignments for document
review, F. Aschauer's edits on proposed corporate
representative topics for Florida Department of
Environmental Protection, and Youtube video
identified by C. Blackwell (15 emails sent and
received)(1.5).
10/07/20 CLB Compile, prepare and provide access to all 7.30 1,423.50
documents received from Department of
Environmental Protection to expert team (.6); attend
call with A. Baumann regarding documents needed
for the preparation call with E. Swakon (.2); prepare
for and attend Corporate B(6) preparation call with E. 2
Swakon, expert trial team and litigation team to
moderate the call, take notes regarding documents
needed for digital binder and provide documents on
screen for review(6.1); conference call with Division
of Environmental Resource Management regarding
Public Records Request and status of same (.2);
review and respond to emails (.2).
Packet Pg. 3776
I
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 4
Date Services Hours Amount
10/07/20 AJB Work session with C. Blackwell regarding various 3.50 1,172.50
depositions (5); prepare for and attend corporate
representative deposition preparation of E. Swakon Q
(3.0). 5
10/08/20 CLB Review and respond to emails and update task list 6.30 1,228.50
accordingly (5); compile, review and prepare
documents from experts for J. Reynolds Corporate
B(6) deposition for uploading to Everlaw (1.3); review
notes from deposition prep of E. Swakon and create
task list and provide to attendees (4); prepare for
and attend deposition preparation for J. Reynolds
(2.7); prepare for and attend call with various fishing T
guides and S. Friedman in preparation for the
deposition of S. Friedman (1.4).
0
10/08/20 ATP Prepare for and conduct expert witness deposition 8.60 2,666.00
preparation session with J. Reynolds (3.6); work on
deposition outline for S. Friedman deposition
preparation (6); prepare for and attend telephone
interview with fishing guide association members
(1.5); review and exchange emails regarding
discovery filings, promulgation of corporate
representative deposition topics to Florida Power&
Light Company and Department of Environmental
Protection, notes from deposition preparation, review
files sent as part of deposition preparation and
telephone interview calls, and creation of a RAMP (22
emails sent and received)(2.9)
10/09/20 ATP Continue work on corporate representative outlines 8.50 2,635.00
for S. Friedman, J. Reynolds, and coding documents
for inclusion in outlines of remaining corporate
representative witnesses (3.1); prepare for and
conduct S. Friedman's witness preparation
conference call (2.6); review and response to emails
regarding deposition preparation, development of
deposition outlines, public records request
responses, and deposition notices (22 emails sent
and received)(2.8).
10/09/20 AJB Conference call with C. Guerra regarding available 1.20 402.00
data regarding cooling canal. E
Packet Pg. 3777
e
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 5
Date Services Hours Amount
10/09/20 CLB Review and respond to various emails (2); prepare 2.80 546.00
for and attend deposition preparation of S. Friedman
(1.8); compile various documents in preparation for
Corporate B(6) depositions and prepare and format in 0
preparation for uploading to Everlaw (8).
10/11/20 ATP Update corporate representative deposition outline 5.20 1,612.00
and add documents to corporate representative
binders.
10/12/20 ATP Updates to corporate representative outlines (1.2); 7.10 2,201.00
Updates to corporate b6 topics for Department of
Environmental Protection and Florida Power& Light T
Company (4); review and respond to emails
regarding discovery requests, documents for use in
deposition preparation, Department of Environmental
Protection's response to motion to compel/strike,
requests for corporate representative depositions
sent to Florida Power& Light Company and -
Department of Environmental Protection, notices of
deposition and scheduling preparation time for
identified witnesses (55 emails sent and
received)(5.5).
2
10/12/20 FLA Prepare for and attend prep session with K. Martin in 5.00 1,625.00
anticipation of(b)(6) deposition (3.1); work session
with trial team and coordinate pending and new tasks
(1.7); email counsel for Florida Power& Light
regarding discovery (0.2).
10/12/20 CLB Prepare for and attend deposition preparation call of 6.30 1,228.50
K. Martin (3.2); update task list (4); prepare for and
attend team call to discuss discovery received from
Florida Power& Light Company and Florida
Department of Environmental Protection and
determine depositions to be requested from
Department of Environmental Protection and Florida
Power& Light Company (1.9); review and respond to
various emails to include providing witnesses with
Deposition Notices (8).
10/12/20 AJB Coordination of depositions with trial team (1.5); 3.20 1,072.00
review, analyze and notate Florida Power& Light E
Company written discovery responses (7); review,
analyze and code documents for inclusion in Privilege
Log (1.0).
Packet Pg. 3778
I
Client Ref: 6439- 001 November 6, 2020
Invoice No. AJB-138074 Page 6
Date Services Hours Amount
10/13/20 FLA Team meeting regarding discovery and various 2.40 780.00
issues (1.7); review email from M. Weiss regarding y
public records request(0.2); review Department 0)
response to motion to compel (0.5). 0
10/13/20 CLB Review amended discovery responses from 4.50 877.50
Department of Environmental Protection and
coordinate downloading of documents from same
(.5); review Department of Environmental Protection's
Response to Motion to Strike (.2); prepare for and
attend call with J. Reynolds to finalize documents
needed from deposition (.8); compile and prepare
documents for use at the deposition of E. Swakon T
(.2); compile various transcripts from prior case and
provide to litigation team (A); prepare for and attend
trial team call to coordinate motions to be drafted,
discovery to be filed, and continued review of
documents prepared for supplemental production
(1.3); send additional request to Division of -
Environmental Resource Management regarding our
prior Public Records Request (.3); update task list
(.3); continue review of documents from Florida Keys
Aqueduct Authority in preparation for supplemental
production (.5).
0
10/13/20 AJB Coordinate with trial team regarding pending tasks. 1.30 435.50
76
10/13/20 ATP Prepare for and attend litigation team meeting call 6.90 2,139.00
(2.1); review and respond to emails regarding
deposition preparation, receipt and handling of
Florida Power& Light Company documents, public
records response by Division of Environmental
Resource Management, task list updates (33 emails
sent and received)(4.8).
10/14/20 FLA Review motion for protective order(0.3); draft notice 0.90 292.50
of withdrawal of certain arguments in motion to
compel (because Florida Department of
Environmental Protection withdrew the objections)
(0.6).
10/14/20 CLB Continue to analyze and code Florida Keys Aqueduct 4.80 936.00
Authority emails for responsiveness and issues in E
preparation for supplemental production.
Packet Pg. 3779
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 7
Date Services Hours Amount
10/14/20 ATP Research and draft Motion for Protective Order (5.8); 7.30 2,263.00
review and respond to emails regarding corporate
representative outlines, documents, and depositions,
public records requests, and discovery matters (13 0
emails sent and received)(1.5).
10/15/20 FLA Prepare for call with Florida Power& Light attorneys 2.70 877.50
regarding discovery dispute (1.3); finalize notice of
withdrawal of arguments in motion to compel (0.3);
participate in call with Florida Power& Light attorneys
regarding discovery (1.1).
0
10/15/20 ATP Prepare for and attend J. Fourqurean's corporate 11.00 3,410.00 T
representative deposition preparation (2); review and
response to emails regarding corporate
representative outlines, deposition preparation,
deposition documents, discovery dispute with
opposing counsel, scheduling of hearing on motions
regarding discovery disputes (69 emails sent and
received)(6.9); updates to corporate representative
outline for J. Reynolds (2.1).
10/15/20 CLB Prepare for and attend deposition preparation with J. 6.10 1,189.50
Fourqurean and the expert and legal team (2.4);
provide access to B(6) deposition folders to each
witness as well and provide email of general
instructions for same (1.2); assist with drafting and
preparing outlines for depositions (8); draft
availability calendar for expert depositions and
include expert and litigation team availability (1.0);
prepare and format supplemental documents
provided by Florida Power& Light Company in
preparation for uploading to Everlaw(7).
10/16/20 FLA Work on Martin and Nuttle deposition preparation for 3.90 1,267.50
(b)(6) deposition (3.6); review emails regarding
expert depositions (0.3).
0
Packet Pg. 3780
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 8
Date Services Hours Amount
10/16/20 CLB Prepare and format B(6) deposition documents in 7.40 1,443.00
preparation for finalizing and producing (1.8); call with
A. Baumann regarding document review (2); call with
A. Petrick regarding finalizing deposition documents 0
(3); prepare for and attend deposition preparation
call with J. Reynolds to finalize testimony (1.2);
prepare for and attend deposition preparation call
with E. Swakon and the expert and litigation team
(3.5); review and respond to various emails (4).
10/16/20 ATP Research issue regarding narrative water quality 4.60 1,426.00
standards (2.0); finalize J. Reynolds corporate b6
statement (6); finalize S. Friedman corporate b6 T
statement (5); telephone conferences with J.
Reynolds regarding corporate representative
deposition and documents in digital binder(2 calls)
10/16/20 AJB Work session with C. Blackwell regarding deposition 3.50 1,172.50
binders (5); deposition preparation of E. Swakon
(3.0).
10/17/20 CLB Develop Florida Power& Light Company Project in 2.10 409.50
Everlaw, populate with appropriate documents and
provide access to expert team (4); review and e
respond to emails (2); obtain, prepare and format
additional documents needed for corporate
representative depositions in preparation for
uploading to Everlaw (6); export, bookmark and
Bates documents for the corporate representative
deposition of J. Reynolds and provide to A. Petrick
(1.1).
10/18/20 FLA Continue working on deposition preparations for 0.60 195.00
Nuttle and Martin as corporate representatives (0.4):
call with B. Nuttle regarding documents and
deposition preparations (0.2).
.5
10/18/20 ATP Telephone call with L. Reynolds (4); telephone call 4.00 1,240.00
with C. Blackwell (4); review digital binder for
production (6); receive, review, and respond to
emails regarding documents production for corporate
representative, preparation session with S. Friedman E
and J. Reynolds (26 emails sent and received)(2.6).
Packet Pg. 3781
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 9
Date Services Hours Amount
10/18/20 CLB Prepare for and attend call with B. Nuttle to review 5.20 1,014.00
documents compiled for deposition (2.7); prepare for y
and attend call with S. Friedman to review and
finalize documents for deposition (9); attend call with
A. Petrick to review tasks and receive direction
regarding document to be provided to opposing
counsel (6); prepare, format and provide documents
to opposing counsel that S. Friedman and J.
Reynolds will have available to them during
deposition (1.0).
10/19/20 FLA Email attorneys for Department regarding potential 2.10 682.50 c
motions (0.4); research regarding objection for
discovery being unduly burdensome (0.9); call with D.
Durbin regarding potential retention as expert (0.3);
continue preparations for Martin and Nuttle
depositions (0.5)
10/19/20 CLB Coordinate and provide documents for deposition to 11.20 2,184.00 -
Court Reporter(4); review format and edit outlines
drafted for B. Nuttle and K. Martin in preparation for
deposition (2.7); prepare for and attend deposition of
S. Friedman to include post review call (5.3); calls
with S Friedman and J. Reynolds to provide final
instruction in preparation for deposition (4); call with c
J. Reynolds to review availability for new deposition
dates and coordinate with opposing counsel (3); call
with E. Swakon regarding document compilation and
preparation for deposition (4); review and provide
notices for E. Wexler and J. Reynolds to witnesses
(3); review Motion for Protective Orders (4);
continue to review Florida Keys Aqueduct Authority
emails for responsiveness in preparation for
supplemental production (7); compile, prepare and
format documents for the deposition preparation call
with Mayor Carruthers (5).
0
Packet Pg. 3782
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 10
Date Services Hours Amount
10/19/20 ATP Prepare for and attend corporate representative 12.20 3,782.00
deposition of S. Friedman (3.6); follow up Zoom y
conference with S. Friedman regarding deposition
(8); edit and finalize Motion for Protective order 0
regarding deposition of non testifying expert and
motion for protective order regarding multiple
depositions of expert witnesses (1.6); review and
respond to multiple emails regarding conferring with
counsel on motions, public records request response
from Miami-Dade Division of Environmental Resource
Management, rescheduling J Reynolds deposition
and receiving documents for deposition; reviewing
data for expert witness depositions (88 emails sent T
and received)(6.2)
10/20/20 FLA Work with K. Martin regarding deposition preparation 3.70 1,202.50
for(b)(6) deposition (2.9); working conference with N.
Poot regarding motion to compel (0.3); prepare for
deposition prep with B. Nuttle (0.5).
10/20/20 CLB Prepare for and attend deposition preparation of K. 8.60 1,677.00
Martin (2.9); prepare for and attend deposition
preparation of E. Swakon (2.7); coordinate expert
deposition dates and begin to coordinate preparation
for same (4); research, review, prepare and format c
documents for E. Swakon deposition (2.3); review
modification request from Florida Power& Light
Company (4).
10/20/20 AJB Attention to deposition documents (6); final 2.90 971.50
deposition preparation of E. Swakon (2.3).
10/20/20 ATP Prepare for and attend deposition preparation call 5.60 1,736.00
with H. Carruthers and D. Howard (3.2); review and
respond to emails with opposing counsel attempting
to resolve motion for protective order regarding
multiple depositions of expert witness, Department of 2
Environmental Protection's questions regarding >
deposition request for Department of Environmental
Protection lawyers, discovery materials for use in
corporate representative outlines (25 emails sent and
received)(2.4).
Packet Pg. 3783
I
Client Ref: 6439- 001 November 6, 2020
Invoice No. AJB-138074 Page 11
Date Services Hours Amount
10/20/20 NJP Work session with F. Aschauer regarding Motion to 3.10 697.50
Compel (2); review Discovery responses and
discovery propounded on Florida Power and Light 0)
and identify legal concerns (2); review and analyze 0
previously filed Motion to Compel (5); follow up
telephone correspondence with F. Aschauer to
discuss strategy for Motion (2); receive and analyze
email correspondence regarding the same (2).
10/21/20 FLA Prepare for and participate in deposition preparations 6.30 2,047.50
for B. Nuttle as corporate representative deponent.
0
10/21/20 ATP Review documents for inclusion in digital binder, 4.70 1,457.00 y
prepare corporate representative outline for H.
Carruthers deposition (3.9); emails with opposing
counsel regarding rescheduling of expert depositions
(8)
10/21/20 CLB Begin to draft summary of Florida Power& Light 8.60 1,677.00
Company and Department of Environmental
Protection potential witnesses in preparation for
assigning for attorney coverage (7); prepare for and
attend deposition preparation with B. Nuttle and
expert and litigation team (5.7); attend call with K.
Martin to review documents compiled to date in c
preparation for deposition (4); finalize documents for
E. Swakon deposition in preparation for providing to
opposing counsel and court reporter(1.8).
10/21/20 AJB Work session with A. Petrick regarding discovery and 1.50 502.50
deposition coordination (5); attention to preparation
of E. Swakon deposition (1.0).
10/22/20 FLA Call with B. Nuttle regarding numeric and narrative 2.30 747.50
standard (0.4); review production requests from
previous case to identify crucial documents produced
(0.4); internal team meeting (1.0); call with B. Nuttle
regarding deposition (0.5).
Packet Pg. 3784
Client Ref: 6439- 001 November 6, 2020
Invoice No. AJB-138074 Page 12
Date Services Hours Amount
10/22/20 CLB Prepare documents for Mayor Carruthers and provide 10.60 2,067.00
to D. Howard for final review (.7); compile additional
documents needed by W. Nuttle for corporate 0)
representative deposition, finalize and prepare 0
documents for deposition to include Bates Stamping
and book marking same (2.4); compile witness
summary of opposing counsel in preparation for team
meeting to assign witnesses for deposition coverage
(1.0); prepare for and attend deposition of E. Swakon
(3.9); review and respond to various emails (A);
prepare for and attend team call regarding opposing
witness assignments (1.4)
10/22/20 ATP Telephone calls with A. Baumann regarding 5.00 1,550.00
deposition strategy (3 calls) (.9); edit and finalize
Notice of Withdrawal of Motion for Protective Order
(.5); litigation team call to coordinate coverage for
Florida Power& Light Company and Department of
Environmental Protection depositions (1.2); review -
and respond to emails regarding Monroe County
documents, coordination of depositions, filing of
Notice of Withdrawal, provision of documents for use
in deposition, and provision of digital binder for B.
Nuttle deposition (51 emails sent and received)(2.4).
0
10/22/20 AJB Prepare for and attend deposition of E. Swakon (7.5); 9.00 3,015.00 76
work session regarding exhibits for cross examination
(.5); work session regarding deposition coverage
coordination (1.0).
10/23/20 FLA Prepare for(0.5) and participate in (defend) 10.00 3,250.00
deposition of B. Nuttle as corporate representative
(9.0); various calls (A. Petrick and L. Reynolds)
regarding deposition (0.3); review emails related to
depositions (0.2).
10/23/20 ATP Research standing and provide results to Monroe 3.00 930.00
County (1.1); telephone calls with F. Aschauer and L.
Reynolds regarding deposition strategy (.7); review
and respond to emails regarding deposition
coordination, documents provided for H. Carruthers
deposition, review of E. Swakon's deposition,
development of duces tecum for Florida Power&
Light Company/Department of Environmental
Protection depositions (50 emails sent and
received)(1.2).
Packet Pg. 3785
Client Ref: 6439- 001 November 6, 2020
Invoice No. AJB-138074 Page 13
Date Services Hours Amount
10/23/20 CLB Prepare for and attend deposition of W. Nuttle for the 5.40 1,053.00
purpose of monitoring exhibits. y
10/23/20 AJB Conference call with D. Howard, T. Walker and R. 1.00 335.00
Feldman regarding case status.
10/23/20 NJP Legal research concerning overly burdensome 5.50 1,237.50
discovery and other issues relative to Motion to
Compel; continue reviewing responses; begin
drafting outline for Motion to Compel; additional legal
research and document review concerning the same.
0
10/24/20 FLA Prepare for K. Markin corporate representative 1.90 617.50 T
deposition (1.6); work on outline for all witness of
petition (0.3).
0
10/24/20 ATP Telephone call with F. Aschauer regarding W. Nuttle 0.70 217.00
deposition (4); review document provided by F.
Aschauer regarding corporate representative -
deposition and related emails (3)
10/25/20 NJP Continued legal research regarding alternating 2.50 562.50
discovery responses and duty on individual to
produce documents in ones care, custody, and
control. c
10/26/20 FLA Preparations for K. Martin corporate representative 2.50 812.50 >
deposition, including working with witness (1.5); call
with J. Forqueran and team for prep (1.0).
10/26/20 MAL Review, prepare and delete documents K. Martin not 4.10 799.50
intending to use at corporate representative
deposition. (6); compile, prepare and export
documents for K. Martin corporate representative
deposition in Everlaw(4); batestamp exported
documents for K. Martin corporate representative
deposition and email to K. Martin (2.3); research and
compile Atlantic Civil, Inc. Final Hearing transcripts to >
be uploaded to Everlaw (3); research and begin
compiling of Atlantic Civil, Inc. deposition transcripts
and exhibits to be uploaded to Everlaw(5)
Packet Pg. 3786
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 14
Date Services Hours Amount
10/26/20 CLB Continue to review Florida Keys Aqueduct Authority 7.80 1,521.00
emails in preparation for a supplemental production y
(1.6); prepare for and attend Mayor Carruthers 0)
deposition to monitor and track exhibits (2.7); attend 0
call with M. Lozada regarding the compilation and
marking of documents in preparation for K. Martin
deposition (4); prepare for and attend deposition
preparation for J. Fourqurean (3.1).
10/26/20 AJB Weekly status call with Florida Keys Aqueduct 2.20 737.00
Authority and Monroe County (1.0); conference call
with B. Rippingille regarding scientific studies and
funding of same (1.2). T
10/26/20 ATP Prepare for and defend deposition of H. Carruthers 11.60 3,596.00
and follow up telephone call regarding same (5.2);
telephone call with N. MacAilely regarding discovery
matters (4); prepare for and attend deposition
preparation with J. Fourqurean (2.6); review and
respond to emails regarding deposition documents
for Carruthers deposition, documents related to J.
Fourqurean preparation; expert witness depositions
(34 emails sent and received)(3.4).
2
10/26/20 NJP Continue drafting Motion to Compel; legal research 2.70 607.50
concerning the same.
10/27/20 FLA Prepare for(0.8) and participate in/defend deposition 7.40 2,405.00
of K. Martin as (b)(6) representative (5.6); team call
regarding depositions and strategy (1.0).
10/27/20 MAL Continue to research document management system 2.10 409.50
for Atlantic Civil, Inc. deposition transcripts and
exhibits to be uploaded to Everlaw (4); research
document management system for Atlantic Civil, Inc.
Final Hearing exhibits used at trial (1.3); upload same
to Everlaw (4)
5
Packet Pg. 3787
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 15
Date Services Hours Amount
10/27/20 CLB Finalize K. Martin documents and forward to court 9.90 1,930.50
reporter and opposing counsel (3); attend call with L. y
Reynolds regarding deposition documents from W.
Nuttle and K. Martin (5); prepare for and attend
deposition of K. Martin to monitor and mark exhibits
(6.2); prepare for and attend team call to review
Duces Tecum's for depositions as well as who will be
needed in the various preparation sessions for
upcoming depositions (1.6); email our witnesses
requesting dates of non-availability and begin
updating deposition calendar with scheduling
information (1.1); attend call with N. Poot to review
timeline of case events in preparation for her v,
research regarding our filing deadlines pertaining to
the Power Plant Citing Act modification requested by
Florida Power& Light Company (2).
10/27/20 AJB Coordinate pending tasks with trial team. 1.20 402.00
10/27/20 NJP Continue drafting Motion to Compel; legal research 4.20 945.00 °3
concerning the same, including additional research
regarding relevancy; review file for additional
information to supplement motion and additional
arguments to be made. E
2
0
10/28/20 FLA Draft email to experts regarding deposition 0.70 227.50
procedures, date for opinions and exhibits, and other
timing issues to ensure deadlines are met.
10/28/20 ATP Telephone call update with C. Blackwell regarding 9.20 2,852.00
deposition instructions (9); research rule on numeric
translation of narrative water quality criteria (2.1);
prepare for and attend deposition preparation with J.
Fourqurean (2.8); review and respond to emails
regarding expert witness disclosures and deadlines
associated therewith, deposition notices to Florida
Power& Light Company and Department of
Environmental Protection witnesses, additional c
discovery provided by Department of Environmental
Protection and coordinating cancellation of hearing
regarding same; receipt of discovery responses from
Department of Environmental Protection in response
to Second Request for Production (34 emails sent
and received)(3.4).
Packet Pg. 3788
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Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 16
Date Services Hours Amount
10/28/20 CLB Update deposition calendar and review and begin to 4.20 819.00
set preparation calls for all depositions (6); continue y
to review Florida Keys Aqueduct Authority emails in
preparation for supplemental production to Florida
Power& Light Company (1.9); prepare for and attend
call with A. Petrick to review deposition schedule and
receive direction regarding deposition preparation
calls and Duces Tecum drafts (1.0); update task list
(7).
10/28/20 NJP Continue drafting Motion to Compel; legal research 7.50 1,687.50
concerning the same; work session with F. Aschauer
regarding modification; receive and review email
correspondence regarding the same; extensive legal
research regarding statutory framework of
modification and other issues related to same; draft
and send summary of same.
10/29/20 MAL Review, prepare and analyze Division of 0.60 117.00 _
Environmental Resource Management, Florida Power
& Light Company and Department of Environmental
Protection documents for uploading into document
management system; (3) finalize and upload same
to Everlaw. (3) E
2
0
10/29/20 CLB Finalize J. Fourqurean deposition documents to 7.40 1,443.00
include Bates Stamping and book marking and
provide to court reporter and opposing counsel (1.3);
continue to review, update and schedule various
preparation sessions for upcoming depositions to
include emails with witnesses (1.9); review and
respond to various emails (3); draft spreadsheet of
production regarding request number 14 and the
documents provided for same and provide to A.
Petrick (3); prepare for and attend a portion of the
deposition of J. Fourqurean to monitor and mark
exhibits (3.6).
0
10/29/20 ATP Prepare for and attend J. Fourqurean's deposition 9.10 2,821.00
and follow-up call with J. Fourqurean regarding
same.
10/29/20 NJP Legal research regarding care, custody, and control. 1.40 315.00
Packet Pg. 3789
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 17
Date Services Hours Amount
10/30/20 FLA Review/revise duces tecum requests for notice of 2.50 812.50
depositions of opposing experts (0.5); review
comments by B. Nuttle (0.3); team call (1.7).
5
10/30/20 CLB Attend call with B. Nuttle to review and provide 4.30 838.50
additional Everlaw instruction and assist with
particular searches (6); call with A. Petrick and
receive direction regarding her witnesses and the
scheduling for preparation and noticing of same (3);
continue to prepare and format newest production
from Florida Power and Light Company in
preparation for uploading to Everlaw (4); continue to
work in Everlaw and organize and prepare various T
folders for use during review (1.1); prepare for and
attend team call to review and strategize for pleading
to be filed (1.9).
10/30/20 AJB Conference call with D. Howard regarding experts 2.10 703.50
(4); coordinate with trial team regarding discovery -
and motions (1.7).
10/30/20 ATP Telephone call with C. Blackwell regarding deposition 4.90 1,519.00
and preparation session scheduling and other
discovery matters (7); emails regarding deposition
scheduling and follow up with opposing counsel on c
missing discovery (1.6); prepare for and attend
telephone conversation with J. Reynolds regarding >
2
deposition (8); prepare for and attend telephonic
conference with A. Baumann, F. Aschauer, and C.
Blackwell regarding discovery dispute, scheduling of
depositions, motion practice (1.8).
10/30/20 NJP Finalize draft Motion to Compel; draft and send email 4.50 1,012.50
correspondence regarding the same.
10/31/20 FLA Prepare for expert witness deposition of B. Nuttle 1.30 422.50
(1.3).
5
>
Summary of Services
Rate Hours Amount
FLA Aschauer, Fred 325.00 71.40 23,205.00
AJB Baumann, Andrew J. 335.00 34.30 11,490.50
CLB Blackwell, Christina L. 195.00 145.70 28,411.50
MAL Lozada, Marilyn A. 195.00 6.80 1,326.00
ATP Petrick, Amy T. 310.00 150.50 46,655.00
NJP Poot, Nicole J. 225.00 32.50 7,312.50
Packet Pg. 3790
Client Ref: 6439 - 001 November 6, 2020
Invoice No. AJB-138074 Page 18
Total for Services 441.20 $118,400.50
Date Expenses Amount
09/30/20 Everlaw Usage September- Everlaw, Inc 3,696.00 Q
10/28/20 Expert Witness Services - Water Science Associates 3,955.00 >
10/28/20 May Invoice- Conservation Concepts LLC 5,000.00
10/28/20 June Billing - Conservation Concepts LLC 3,925.00
10/28/20 July Billing - Conservation Concepts LLC 14,362.48
10/28/20 August Billing - Conservation Concepts LLC 19,305.00
10/28/20 Misc. General Consulting - EAS Engineering, Inc. 4,375.00
10/28/20 Environmental Permitting - EAS Engineering, Inc. 7%00
10/28/20 Miscellaneous General Consulting - EAS Engineering, Inc. 3,500.00
Total Expenses $58,868.48 v
Total for Services and Expenses $177,268.98
0
Previous Balance 150,990.47
Payments Since Last Invoice -64,769.00
Amount Due $263,490.45
Open Invoices for this Matter
0
Date Invoice No. Amount Billed Amount Paid Amount Due >
10/13/20 137808 86,221.47 0.00 86,221.47
Outstanding Amount Due: 86,221.47
Current and Outstanding Amount Due: $263,490.45
5
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Invoice No. AJB-138074
Invoice Date: November 6, 2020
Client Code: 6439
Client Name: Florida Keys Aqueduct Authority
Matter Code: 001 .5
Matter Name: NPDES Permit Challenge
Total for Services and Expenses $177,268.98
Previous Balance 150,990.47
Payments Since Last Invoice -64,769.00
Amount Due $263,490.45
Amount enclosed:
Please remit checks to:
Lewis, Longman &Walker, P.A.
PO Box 628742
Orlando, FL 32862-8742
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For your convenience, we accept credit card and a-check payments online at:
http://www.11w-law.com/template/payment/
For billing questions, please contact our Billing Department at: (561) 640-0820.
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oouer; T.$.C'
w` Kevin Madak, CPA
,.� Clerk Of the Circuit Court& Comptroller Monroe County, Florida
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DATE: November 23, 2020
TO: Abra Campo, Executive Administrator
County Attorney's Office
FROM: Pamela G. Han A
.C.
SUBJECT: October 21' BOCC Meeting �
Attached is an electronic copy of the following item for your handling:
U 10 Interlocal Agreement with the Florida Keys Aqueduct Authority to forrnalize (lie
Agreennen( for the County to reimburse die FKAA for 50%of the legal bills from Lewis Longnan m
Walker P.A. incurred in DOAH Case number 20-2967 and 20-2968.
Should you lia%,e any questions, please feel free to contact me at (30.5) 292-3550.
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cc: Finance
File m
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDIP
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330
305-294-4641 305-289-6027 305-852-7145 Packet Pg. 3793
L8.c
JOINT LEGAL REPRESENTATION WITH FKAA
Re: DIVISION OF ADMINISTRATIVE HEARINGS CASES 20-2967 AND 20-2968 .
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between MONROE COUNTY, a political _
subdivision of the State of Florida, whose address is: l 100 Simonton Street, Key West, FL 33040,
("County"}, and the FLORIDA KEYS AQUEDUCT AUTHORITY ("FKAA"), whose address is: 1010
Kennedy Drive, Suite 303, Key West, Florida 33040.
WHEREAS, in an effort to protect the potable water supply of the Florida Keys from
contamination, FKAA filed an administrative challenge to the Florida Department of Environmental
Protection ("FDEP") Notice of Intent to issue a National Pollution Discharge Elimination System
("NPDES") permit renewal and Industrial Wastewater Permit (DEP File No. FL000 1 562-0 1 2-IWIN) to
Florida Power and Light Company ("FP&L") related to the operation of the cooling canals for the Turkey
Point Nuclear Power Plant; and
WHEREAS, on June 4, 2020, the Board agreed to support FKAA in the challenge by intervening
in the proceeding and also raising concerns about impacts to Biscayne Bay and surrounding waters,
contributing 50% of the outside counsel legal fees it incurred in support of the challenge, and seeking
support from other interested entities to help defray the litigation costs and expenses; and
WHEREAS,on August 24.2020,the County intervened in the above-referenced legal challenges, E
under DOAH Cases styled: Florida Keys Aqueducl Authority, Petitioner, v. Florida Department of
Environmental Protection and Florida Power & Light Company, Case No, 20-2967 and Florida Keys
Fishing Guides Association, Inc., Petitioner, v. Florida Parer& Light Company; Florida Department of
Environmental Protection, Case No. 20-2968;and,
WHEREAS,the FKAA and the County are represented under separate agreements in the litigation '✓
by the law firm of Lewis, Longman & Walker, P.A. ("Outside Counsel") and the parties have agreed that C44i
the firm bills the FKAA for all work associated with the challenge;and
WHEREAS, the County and FKAA desire to formalize their agreement for the County to
reimburse the FKAA fifty percent(50%)of legal [fees that the FKAA pays directly to Outside Counsel.
NOW, THEREFORE,IT IS AGREED:
1. Upon presentation of documentation that the FKAA has paid Outside Counsel for legal
services related to the above referenced matter,the County will reimburse the FKAA 50%
of the amounts paid to the firm for legal services.
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2. Any contributions that the County receives from other entities towards the litigation L.
expenses, including but not limited to costs and fees, shall be directed to the FKAA to
reduce the FKAA's obligations for those expenses.
3. This Agreement has been carefully reviewed by counsel for the County and FKAA. This
Agreement is not to be construed against any party on the basis of authorship.
4. Notices in this Agreement, unless otherwise specified, must be sent via certified mail to
the following:
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COUNTY FKAA
Monroe County Attorney Florida Keys.Aq ueduct.Authority
1111 12"'Street,Suite 408 Offce of General Counsel
Ivey West,FL 33040 P:'0.Box 5293
Key West,FL 33045-5293:
5, This .Agreement is the parties' final Fnutual understwiding. It replaces. any earlier
agreements or understandings, whether written or oral, and it cannot be mollified or
replaced except by another written,signed.agreement.
6, This Agreement is effective upon the signature of the last party to-the Agreement and shall
continue until terminated in writing by either the County or FKAA with notice to.the other
party-
N WITNESS WHEREOF, each party has caused.this Agreement to be executed by its duly- a,
ho representatives.
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y; KEVIN MADOK;CPA MONROE COUN BOARD.OF
_.._OF MONROE COUNTY,FLORIDA COUNTY.CO.M I
by: by: W
as Deputy Cleric M eat er airuthers i
Approved by DOCC on: 10/21/2020 Date: �!+_
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FLORIDA KEYS AQUEDUCT AUTHORITY y
BOARD OF DIRECTORS
ATTEST:
by. .� by:
Its Secretary/Treasurer J. Rya eah ^;
Ch rman ="
X"� 73
4+Z t
MONROE COUNTY ATORNEY
APPFtrA=D AS TO F
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Dom. r � .
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