ILLINOIS POLLUTION CONTROL BOARD

February

27,

1975

COMMONWEALTH EDISON COMPANY,

Petitioner,

v.

)

PCB 74-~16

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Dumelle):

Commonwealth Edison Company

(Edison)

filed a Petition for

Modification of Order or, In the Alternative, For New Variances

on February 18, 1975.

The Attorney General on behalf of the

People of the State of Illinois filed a Response and Petition

For Leave to Intervene in Edison’s Petition on February 25,

1975.

Edison seeks modification of the Board Order entered on

January

3,

1975 as modified on February 14, 1975 in respect

to one of Edison’s generating stations not subject to the

present petition.

Because more than

35 days have passed since the adoption

of the original Order which Edison seeks to be modified, Pro—

cedural Rule 334 requires the Board to exercise discretion in

determining if it will accept a modification or require that a

new variance be sought from the initial Board Order.

Procedural

Rule 334 also prohibits the request of a modification that is

in substance a new variance request.

Although Edison seeks only to modify that portion of the

previous Order that applies to the Waukegan and Joliet generating

stations

in its prayer for relief, the Board has determined that

Edison

should seek a variance from the previous Order rather

than a modification.

Therefore,

that portion of Edison~sPetition which seeks

a modification

is hereby denied.

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—565

---

2—

That portion of the Petition which pertains to the

Powerton and Kincaid Stations seems to suggest that Edison

has rejected the variance granted by the Board on January

3,

1975.

To clarify this,

the Board hereby orders Edison to

designate,

in writing, by March

26,

1975, precisely what portions

of the Board Order in PCB 74-16 Edison has accepted and what

portions Edison has repudiated.

Such statement shall be filed

with the Board,

the Environmental Protection Agency, and the

Attorney General.

The Board will consider the Petition filed on February 18,

1975

as a Variance Petition and hereby orders that it be assigned

a new number and set for hearing.

The Attorney General’s request to Intervene in the variance

case is hereby granted.

Edison’s request to include by reference the entire record

produced in PCB 74-16 appears to include much that is not relevant

to the new variance request,

Therefore, Edison should confer

with the representatives of the Agency and the Attorney General

and determine what portions of the prior

rer’rrd

are relevant

and material to the new proceeding.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted on the ~T+’~

day

of February,

1975 by

a vote of _________________________

Christan L. Moffe/~1erk

Illinois Pollution Control Board

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