EPB board members huddled with attorneys on the issue of billing for city street lights on Friday morning.
EPB Chairman Joe Ferguson asked for the private session with attorneys Rick Hitchcock and Tom Greenholtz of Chambliss Bahner.
Don Lepard, owner of Global Green Lighting, earlier filed a $10 million "whistle blower" lawsuit, claiming overbilling by EPB on street lighting.
Mr. Lepard earlier had a lucrative contract with the city to install new street lights, but it was not renewed by the Berke administration.
Stan Sewell, internal city auditor, said Tuesday that he believes EPB has overbilled the city $1.2 million on street lights. He questioned whether any offsets should apply.
Harold DePriest, EPB president, said the offsets should be part of the equation, making it "about a wash."
EPB officials said a follow-up audit from the firm of Mauldin & Jenkins should be ready in a few days.
The city is not taking part in the lawsuit, saying it wants to work out the issue with EPB, which is a city agency, through a working group that has been holding sessions.