11

LINO 8

P01

LiVE ON

C()NI~RO

IPA

RI)

~‘ebruary

I

,

I 979

ILLINOIS

POWER

CO.

)

Petit

i

oner

v.

)

R77—9

&

)

‘CB

79—7

ENVIRONMENTAL

PROTECTION

ACENC’~,

Respondent

.

)

ORDER

(W

THE

BOARD

(by

Mr.

Goodman)

The

original

regulatory

proceeding

herein,

R77—9,

was

filed

before

the

Board

jointly by Illinois Power Company

and

the

Illinois

Environmental Pro-

tection Agency (IEPA)

on

March

25,

1971.

One

hearing

was

held

on September

13,

1978.

On December

14,

1978,

the

Board

adopted

a

final rule

in

R75—5 which

provided

in part

for an

adjudi

cat

lye

proc?a~l

ing

to

determine

sul fur

dioxide

site—specific emission

limitations.

On

January

8,

1978 the Board proposed

a

rule

in R78—6 which outlined

the

proceedures

to

be followed

in such an adjudi-

cative proceeding.

The

Board

finds

that the

Instant matter

shoul.d

be

redesignated as

a

hearing pursuant

to

Rule

204(e) (3)

of

Chapter

2:

Air

Pollution and assigns

it

docket

number

‘CII

79—7.

rE~he

total

record

of

R77—9

is

incorporated

into

the

record

of PCB 79—7;

R77—9

is

dismissed

as

being

repititious

of

PCB

79—7.

The

IEPA is named

as Respondent

in PCB

79—I.

The

proceedings

in

PCB

79—7 are

deemed

in compliance with

the

proposu.

ru

Ic

in R78—6.

IT

IS

SO

ORDERED.

I,

Christan L. Mofett,

Clerk

of

the

Illinois Pllution

C nroi

Board,

hereby certify the

a ove Order

was

adopted

on

the

day of

_____

1979

by a vote

of

-~

~ist~4Moffett,2~

Illinois

Pollution

Cont

oard

32—503