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FLORIDA KEYS AQUEDUCT AUTHORITY vs FLORIDA POWER AND LIGHT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 20-002967 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-002967 Visitors: 10
Petitioner: FLORIDA KEYS AQUEDUCT AUTHORITY
Respondent: FLORIDA POWER AND LIGHT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: CATHY M. SELLERS
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Jun. 29, 2020
Status: Awaiting Order.
Latest Update: Dec. 25, 2024
Summary: Whether Respondent, Florida Power & Light Company, is entitled to the renewal of Permit No. FL0001562-012-IW1N, the combined Industrial Wastewater/National Pollutant Discharge Elimination System permit for the continued operation of the Turkey Point Cooling Canal System.Applicant for renewal of industrial wastewater permit provided reasonable assurance the project would meet all applicable statutory and rule requirements. Challengers to issuance of permit failed to meet their burden of proof und
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Docket for Case No: 20-002967
Issue Date Proceedings
May 17, 2021 Petitioners, Florida Keys Aqueduct Authority?s And Florida Keys Fishing Guides Association?s, And Intervenor, Monroe County?s, Joint Proposed Recommended Order filed.
May 17, 2021 Respondent Florida Power And Light Company?s Proposed Recommended Order filed.
May 17, 2021 Department of Environmental Protection?s Proposed Recommended Order filed.
May 03, 2021 Order Granting Extension of Time.
May 03, 2021 Petitioners' Amended Emergency Motion for Enlargement of Time to File Proposed Recommended Order filed.
May 03, 2021 Petitioners' Emergency Motion for Enlargement of Time to File Proposed Recommended Order filed.
Apr. 07, 2021 Order Granting Extension of Time and Expanding Page Limit.
Apr. 07, 2021 Agreed To Motion For Extension Of Time To File Proposed Recommended Orders And Expansion Of Page Limits filed.
Mar. 22, 2021 Order Establishing Deadline For Filing Proposed Recommended Orders.
Mar. 18, 2021 Notice of Filing Transcript.
Mar. 17, 2021 Transcript of Proceedings (not available for viewing) filed.
Jan. 29, 2021 Notice of Petitioners' Proffer filed.
Jan. 26, 2021 Department of Environmental Protection's Notice of Filing Composite Exhibit 56 (Allan Stodghill's Presentation) filed.
Jan. 20, 2021 Amended Notice of Hearing by Webcast (hearing set for January 19 through 22 and 25 through 29, 2021; 9:30 a.m., Eastern Time; Tallahassee and Tallahassee, FL; amended as to Webcast ).
Jan. 20, 2021 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 19, 2021 CASE STATUS: Hearing Held.
Jan. 19, 2021 Amended Joint Pre-Hearing Stipulation filed.
Jan. 15, 2021 Petitioners' and Intervenor's Response in Opposition to Respondent, Florida Department of Environmental Protection's Amended Motion in Limine filed.
Jan. 15, 2021 Joint Pre-Hearing Stipulation filed.
Jan. 15, 2021 Petitioners' and Intervenor's Response in Opposition to Respondent, Florida Power & Light's Amended Motion in Limine filed.
Jan. 15, 2021 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 14, 2021 Notice of Telephonic Conference (status conference set for January 14, 2021; 11:30 a.m., Eastern Time).
Jan. 14, 2021 Florida Power & Light Company's Amended Motion to Exclude Late Expert Opinion of James Fourquean filed.
Jan. 14, 2021 CASE STATUS: Status Conference Held.
Jan. 11, 2021 Florida Power & Light Company's Motion to Exclude Late Expert Opinion of James Fourgurean (filed in Case No. 20-002968).
Jan. 11, 2021 Department of Environmental Protection's Amended Motion in Limine (to include exhibits only) filed.
Jan. 11, 2021 Notice of Telephonic Status Conference (status conference set for January 13, 2021; 10:00 a.m., Eastern Time).
Jan. 11, 2021 Department of Environmental Protection's Motion in Limine filed.
Jan. 11, 2021 Notice of Taking Deposition (David Tomasko) filed.
Jan. 11, 2021 Respondent Florida Power and Light Company's Notice of Video Deposition of James Fourqurean filed.
Jan. 11, 2021 Florida Power & Light Company's Notice of Later-Formulated Expert Opinion of Dr. David Tomakso filed.
Jan. 11, 2021 Petitioners and Intervenor's Notice of Later Formulated Expert Opinions filed.
Jan. 08, 2021 Notice of Telephonic Status Conference (status conference set for January 12, 2021; 1:00 p.m., Eastern Time).
Jan. 06, 2021 Notice of Telephonic Status Conference (status conference set for January 8, 2021; 1:30 p.m., Eastern Time).
Jan. 05, 2021 Department of Environmental Protection's Agreed to Motion for Case Management Conference filed.
Jan. 05, 2021 Respondent Florida Power and Light Company's Supplemental Witness Disclosure filed.
Jan. 05, 2021 Petitioners and Intervenor's Joint Final Witness Disclosure filed.
Jan. 04, 2021 Respondent Florida Power & Light Company's Final Witness Disclosure filed.
Jan. 04, 2021 Department of Environmental Protection's Final Witness Disclosure filed.
Dec. 23, 2020 CASE STATUS: Motion Hearing Held.
Dec. 23, 2020 Order Denying Continuance of Final Hearing.
Dec. 21, 2020 Amended Notice of Telephonic Motion Hearing (motion hearing set for December 23, 2020; 10:00 a.m., Eastern Time).
Dec. 18, 2020 Notice of Telephonic Motion Hearing (motion hearing set for December 23, 2020; 10:00 a.m., Eastern Time).
Dec. 16, 2020 Department of Environmental Protection's Response in Opposition to Petitioners' and Intervenor's Motion for Continuance filed.
Dec. 16, 2020 Order Granting Motion for Protective Order 
and Protective Order
.
Dec. 16, 2020 Respondent Florida Power and Light Company's Opposition to Petitioners' and Intervenor's Motion for Continuance filed.
Dec. 15, 2020 Notice of Taking Deposition Duces Tecum (Pete Andersen) filed.
Dec. 15, 2020 Non-Party Miami-Dade County's Notice of Appearance (Abbie Schwaderer Raurell) filed.
Dec. 15, 2020 Notice of Cancellation of Deposition (Steven Scroggs) filed.
Dec. 14, 2020 Non-Party Miami-Dade County's Emergency Partially Unopposed Motion for Protective Order filed.
Dec. 14, 2020 Non-Party Miami-Dade County's Notice of Appearance (Christopher Wahl) filed.
Dec. 14, 2020 Notice of Appearance (Christopher Wahl) filed.
Dec. 14, 2020 Re-Notice of Taking Deposition (Scroggs) filed.
Dec. 14, 2020 Notice of Cancellation of Deposition (Matthew Raffenberg) filed.
Dec. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of Craig Grossenbacher filed.
Dec. 09, 2020 Petitioners, Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc.'s and Intervenor Monroe County's Motion for Continuance filed.
Dec. 07, 2020 Re- Notice of Taking Deposition of Marc Harris as Corporate Representative of Respondent Florida Department of Environmental Protection filed.
Dec. 07, 2020 Re-Notice of Taking Deposition (Marc Harris) filed.
Dec. 04, 2020 Respondent Florida Power and Light Company's Second Re-Notice of Video Deposition of EJ Wexler filed.
Dec. 02, 2020 Notice of Taking Deposition (Scott Burns) filed.
Dec. 02, 2020 FPL's Notice of Objection to Petitioners' Request for Records included with Petitioners' Deposition Notices filed.
Dec. 01, 2020 Notice of Taking Deposition (Continuation of Deposition on November 30, 2020; Jerry Ault) filed.
Nov. 25, 2020 Notice of Cancellation of Deposition (Marc Harris) filed.
Nov. 25, 2020 Notice of Cancellation of Deposition (Ben Melnick) filed.
Nov. 25, 2020 FPL?s Partial Objection to Petitioners' Matters of Examination Pertaining to FPL?s Corporate Representative Desposition filed.
Nov. 23, 2020 Notice of Cancellation of Deposition (of Chris Teaf) filed.
Nov. 20, 2020 Notice of Taking Deposition of Allan Stodghill, P.G. as Corporate Representative of Respondent Florida Department of Environmental Protection filed.
Nov. 20, 2020 Notice of Taking Deposition of Marc Harris as Corporate Representative of Respondent Florida Department of Environmental Protection filed.
Nov. 18, 2020 Second Re-Notice of Taking Deposition Duces Tecum (Andersen) filed.
Nov. 18, 2020 Notice of Taking Deposition Duces Tecum (Weaver) filed.
Nov. 17, 2020 Notice of Taking Deposition of Ken Weaver as Corporate Representative of Respondent Florida Department of Environmental Protection filed.
Nov. 17, 2020 Respondent Florida Power and Light Company's Re-Notice of Video Deposition of EJ Wexler filed.
Nov. 12, 2020 Re-Notice of Taking Deposition (Rescheduled at the Respondents Request; Frank Wall) filed.
Nov. 12, 2020 Re-Notice of Taking Deposition Duces Tecum (change of date only; Pete Andersen) filed.
Nov. 12, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of Laura Reynolds filed.
Nov. 12, 2020 Respondent Florida Power and Light Company's Second Amended Re-Notice of Video Deposition of James Fourqurean filed.
Nov. 09, 2020 Order Granting In Part, And Denying In Part, Motion For Protective Order Regarding Deposition of Laura Reynolds.
Nov. 06, 2020 Notice of Taking Deposition Duces Tecum (Peter Andersen) filed. (DUPLICATE)
Nov. 06, 2020 Notice of Taking Deposition Duces Tecum (Peter Andersen) filed.
Nov. 06, 2020 Notice of Taking Deposition Duces Tecum (Chris Teaf) filed.
Nov. 06, 2020 Notice of Taking Deposition (Frank Wall) filed.
Nov. 06, 2020 Notice of Taking Deposition (Jerry Ault) filed.
Nov. 06, 2020 Notice of Taking Deposition (Steven Scroggs) filed.
Nov. 06, 2020 Notice of Taking Deposition Duces Tecum (Matthew Raffenberg) filed.
Nov. 06, 2020 Notice of Taking Deposition Duces Tecum (Danielle Hall) filed.
Nov. 06, 2020 Notice of Taking Deposition (Scott Burns) filed.
Nov. 06, 2020 Notice of Taking Deposition of Scott Burns as Corporate Representative of Respondent Florida Power & Light Company filed.
Nov. 06, 2020 Florida Power & Light Company's Expert Witness Disclosure filed.
Nov. 06, 2020 Petitioners and Intervenor's Joint Expert Witness Disclosure filed.
Nov. 05, 2020 Department of Environmental Protection's Expert Witness Disclosure filed.
Nov. 03, 2020 Notice of Taking Deposition Duces Tecum (David Tomasko) filed.
Nov. 03, 2020 Notice of Taking Deposition Duces Tecum (Mark Steward) filed.
Nov. 03, 2020 Notice of Taking Deposition Duces Tecum (Kip Solomon) filed.
Nov. 03, 2020 Notice of Taking Deposition Duces Tecum (Alan Stodghill) filed.
Oct. 30, 2020 Notice of Taking Deposition Duces Tecum (Russ Frydenborg) filed.
Oct. 30, 2020 Notice of Taking Deposition (Marc Harris) filed.
Oct. 30, 2020 Notice of Taking Deposition (Ben Melnick) filed.
Oct. 29, 2020 Respondent Florida Power and Light's Notice of Service of Its Responses to Petitioners' Second Set of Interrogatories filed.
Oct. 28, 2020 Notice of Serving Florida Department of Environmental Protection?s Unverified Response to Petitioners, Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc.'s, Second Set of Interrogatories filed.
Oct. 28, 2020 Department of Environmental Protection?s Response to Petitioners? Second Request for Production of Documents filed.
Oct. 28, 2020 Respondent Florida Power & Light Company's Response to Petitioners' Second Request for Production of Documents filed.
Oct. 28, 2020 (2nd) Notice of Withdrawal of Petitioners Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc.'s, Motion to Compel/Strike and Petitioner, Florida Keys Aqueduct Authority's Motion to Strike filed.
Oct. 26, 2020 Respondent Florida Power & Light Company's Response to Petitioners' Motion for Protective Order regarding L. Reynolds filed.
Oct. 22, 2020 Notice of Withdrawal of Petitioners Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc. Motion for Protective Order regarding Request for Multiple Expert Depositions filed.
Oct. 22, 2020 Respondent Florida Power and Light Company's Amended Re-Notice of Video Deposition of Kirk Martin filed.
Oct. 22, 2020 Respondent Florida Power and Light Company's Amended Re-Notice of Video Deposition of William Nuttle filed.
Oct. 22, 2020 Respondent Florida Power and Light Company's Amended Re-Notice of Video Deposition of James Fourqurean filed.
Oct. 22, 2020 Respondent Florida Power and Light Company's Re-Notice of Deposition of Jim Fourqurean filed.
Oct. 22, 2020 Respondent Florida Power and Light Company's Re-Notice of Video Deposition of Kirk Martin filed.
Oct. 22, 2020 Respondent Florida Power and Light Company's Re-Notice of Video Deposition of William Nuttle filed.
Oct. 20, 2020 Petitioners Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc. Motion for Protective Order regarding Request for Multiple Expert Depositions of William Nuttle, James Fourqurean, and Kirk Martin filed.
Oct. 19, 2020 Petitioners Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc. Motion for Protective Order regarding Deposition of Laura Reynolds filed.
Oct. 19, 2020 Respondent Florida Power & Light Company's Re-Notice of Video Deposition of Jolynn Reynolds as Organizational Representative of Petitioner Florida Keys Aqueduct Authority filed.
Oct. 19, 2020 Respondent Florida Power & Light Company's Notice of Video Deposition of EJ Wexler filed.
Oct. 19, 2020 Notice of Telephonic Motion Hearing (motion hearing set for October 28, 2020; 2:00 p.m., Eastern Time).
Oct. 15, 2020 Notice of Withdrawal of Certain Arguments as Moot filed.
Oct. 12, 2020 Department of Environmental Protection?s Response to Petitioners? Motion to Compel-Strike filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of JoLynn Reynolds as Organizational Representative of Petitioner Florida Keys Aqueduct Authority filed.
Oct. 09, 2020 Department of Environmental Protection's Second Amended Response to Petitioners' Request for Production of Documents filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of Steve Friedman as Corporate Representative of Petitioners filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of Edward Swakon as Organizational Representative of Petitioners filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of William Nuttle filed.
Oct. 09, 2020 Notice of Filing of Florida Department of Environmental Protection's Amended Responses to Petitioner, Florida Keys Aqueduct Authority's First Set of Interrogatories filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of William Nuttle as Corporate Representative of Petitioners filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of James Fourqurean as Corporate Representative of Petitioners filed
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of James FourQurean filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of Kirk Martin filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposition of Kirk Martin as Corporate Representative of Petitioners filed.
Oct. 09, 2020 Respondent Florida Power and Light Company's Notice of Video Deposiiton of Mayor Heather Carruthers as Organizational Representative of Intervenor, Monroe County filed.
Oct. 07, 2020 Respondent Florida Power & Light's Notice of Service of Its Responses to Petitioners' First Set of Interrogatories filed.
Oct. 07, 2020 Respondent Florida Power & Light's Response to Petitioners' First Request for Production of Documents filed.
Oct. 05, 2020 Notice of Appearance (Yolanda Strader; filed in Case No. 20-002968).
Oct. 05, 2020 Notice of Appearance (Yolanda Strader) filed.
Oct. 05, 2020 Petitioners, Florida Keys Aqueduct Authority and Florida Keys Fishing Guides association, Inc.'s, Motion to Compel/Strike and Petitioner, Florida Keys Aqueduct Authority's Motion to Strike filed.
Oct. 02, 2020 Notice of Serving Petitioner Florida Keys Fishing Guides Association, Inc.'s Verified Answers to Respondents, Florida Power & Light Company's First Set of Interrogatories filed.
Sep. 28, 2020 Notice of Serving Petitioner, Florida Keys Aqueduct Authority's Verified Answers to Respondent, Florida Power & Light Company's First Set of Interrogatories filed.
Sep. 28, 2020 Petitioners', Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc., Second Request for Production of Documents to Respondent, Florida Power & Light Company filed.
Sep. 28, 2020 Petitioners', Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc., Second Request for Production of Documents to Respondent, Florida Department of Environmental Protection filed.
Sep. 28, 2020 Petitioners', Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc., Notice of Serving Second Set of Interrogatories to Respondent, Florida Power & Light Company filed.
Sep. 28, 2020 Petitioners', Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association, Inc., Notice of Serving Second Set of Interrogatories to Respondent, Florida Department of Environmental Protection filed.
Sep. 28, 2020 Amended Order of Pre-hearing Instructions.
Sep. 28, 2020 Amended Notice of Hearing (hearing set for January 19 through 22 and 25 through 29, 2021; 9:30 a.m., Eastern Time; Tallahassee; amended as to Location of Final Hearing).
Sep. 25, 2020 Joint Motion to Modify the Order of Pre-Hearing Instructions filed.
Sep. 25, 2020 Joint Motion to Modify the Order Granting Continuance and Rescheduling Hearing filed.
Sep. 21, 2020 Petitioner, Florida Keys Aqueduct Authority's Response to Florida Power & Light Company's First Request for Production filed.
Sep. 21, 2020 Petitioner, Florida Keys Fishing Guides Association's Response to Florida Power & Light Company's First Request for Production filed.
Sep. 21, 2020 Notice of Serving Petitioner Florida Keys Fishing Guides Association, Inc.'s Unverified Answers to Respondents, Florida Power & Light Company's First Set of Interrogatories filed.
Sep. 21, 2020 Notice of Serving Petitioner Florida Keys Aqueduct Authority's Unverified Answers to Respondents, Florida Power & Light Company's First Set of Interrogatories filed.
Sep. 18, 2020 Department of Environmental Protection's Amended Response to Petitioners' Request for Production of Documents filed.
Sep. 08, 2020 Notice of Filing of Florida Department of Environmental Protection's Response to Petitioner, Florida Keys Aqueduct Authority's First Set of Interrogatories filed.
Sep. 08, 2020 Department of Environmental Protection's Response to Petitioners' Request for Production of Documents filed.
Aug. 26, 2020 Order Granting Motion to Intervene.
Aug. 24, 2020 Monroe County's Motion to Intervene filed.
Aug. 24, 2020 Notice of Appearance (Joseph Ianno) filed.
Aug. 21, 2020 Notice of Telephonic Conference (status conference set for August 25, 2020; 2:00 p.m.).
Aug. 07, 2020 Petitioner, Florida Keys Aqueduct Authority's Notice of Serving First Set of Interrogatories to Respondent Florida Department of Environmental Protection filed.
Aug. 07, 2020 Petitioners, Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association's Request for Production of Documents to Respondent, Florida Department of Environmental Protection filed.
Aug. 07, 2020 Petitioners, Florida Keys Aqueduct Authority and Florida Keys Fishing Guides Association's Request for Production of Documents to Respondent, Florida Power & Light Company filed.
Aug. 07, 2020 Petitioner, Florida Keys Aqueduct Authority's Notice of Serving First Set of Interrogatories to Respondent Florida Power & Light Company filed.
Jul. 22, 2020 Respondent Florida Power and Light's Notice of Serving First Request for Production to Petitioner Florida Keys Fishing Guides Association filed.
Jul. 22, 2020 Respondent Florida Power and Light's Notice of Serving First Request for Production to Petitioner Florida Keys Aqueduct Authority filed.
Jul. 21, 2020 Respondent Florida Power and Light's Notice of Serving First Set of Interrogatories to Petitioner Florida Keys Fishing Guides Association filed.
Jul. 21, 2020 Respondent Florida Power and Light's Notice of Serving First Set of Interrogatories to Petitioner Florida Keys Aqueduct Authority filed.
Jul. 13, 2020 Amended Notice of Hearing (hearing set for January 19 through 22 and 25 through 29, 2021; 9:30 a.m.; Miami; amended as to Location).
Jul. 09, 2020 Order Granting Continuance and Rescheduling Hearing (hearing set for January 19 through 22 and 25 through 29, 2021; 9:30 a.m.; Miami).
Jul. 09, 2020 Joint Motion for Continuance filed.
Jul. 09, 2020 Order of Pre-hearing Instructions.
Jul. 09, 2020 Notice of Hearing (hearing set for August 24 and 25, 2020; 10:00 a.m.; Miami).
Jul. 08, 2020 Notice of Unavailability filed.
Jul. 08, 2020 Order of Consolidation (DOAH Case Nos. 20-2967, 20-2968)
Jul. 07, 2020 Response to Initial Order filed.
Jul. 01, 2020 Notice of Appearance (Steven Blickensderfer) filed.
Jul. 01, 2020 Notice of Appearance (Thomas Mc Aliley) filed.
Jun. 30, 2020 Initial Order.
Jun. 29, 2020 Intent to Issue filed.
Jun. 29, 2020 Administrative Petition filed.
Jun. 29, 2020 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Respondent's Proposed Exhibits filed (exhibits not available for viewing).
CASE STATUS: Status Conference Held.
CASE STATUS: Status Conference Held.
CASE STATUS: Status Conference Held.
Source:  Florida - Division of Administrative Hearings

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