ILLINOIS POLLUTION CONTROL BOARD
March
7,
1974
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB
73-372:
through 73-379
COMMONWEALTH EDISON COMPANY,
Respondent.
COMMONWEALTH EDISON COMPANY,
Petitioner,
v.
)PCB 74-16
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
ORDER
(by Mr. Henss)
Commonwealth Edison Company has filed Appeal from Order
of Hearing Officer, and Request for Clarification of January
17,
1974 Order of Board.
Essentially the company requests that we
postpone hearings in the enforcement proceeding until 10 days after
the receipt of the transcripts of the hearings of the variance
proceedings.
It
is stated that this will enable the parties to
proceed to adequately prepare for the variance hearings,
and,
after
those hearings,
to enable the parties to determine which portions
(if any)
of the record in the variance proceedings should not be
incorporated into the record of the enforcement proceeding.
Counsel
assure us that part or all of the variance record will be incorporated
into the record of the enforcement case and the purpose of the motion
for postponement is to avoid costly duplication of effort.
The Environmental Protection Agency has no objection to
the motion and in fact states that a denial would cause:
duplication
of time and expenses regarding hearing officers,
attorneys and court
reporters,
inability of the Agency to properly conclude discovery,
may interfer~withthe variance proceedings or prevent a full and
comprehensive record in the variance case.
11 —461
We will
allow
the motion since this will
facilitate
the
handling
of
a
rather
complex
set
of
hearings.
The hearing officer
is
directed
to
postpone
further
hearings
in
the
enforcement.
proceeding
until
10
days after the
receipt
of
the
transcripts
of
the
hearings
of
the
variance
proceedings.
It is
so
ordered.
I,
Christan
L~ Moffett;~
Crk
ci:
Lhe
11 ~inc~i
t~otlution
Control
Board
certify
that
the
cbo~e cnder
w~t~d
hv
the
Board
on
the
7th
day
of
March,
11
~
by
rote
~
~offe~J
Clerk
III
r~is
Pc1~ut.io~~~ontro1
Board