BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MIDWEST GENERATION, LLC,
)
WILL COUNTY GENERATING STATION)
Petitioner,
)
v .
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
James R. Thompson Center,
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
NOTICE
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Kavita M. Patel
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
E
CLERK,E1
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JUN 0 2 2006
8TATEOF
PCB No. 2006-156
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(Permit Appeal
- Air)
PLEASE TAKE NOTICE that I have today filed with the Hearing Officer the
MOTION FOR EXTENSION OF TIME TO FILE ADMINISTRATIVE RECORD
of the Respondent, Illinois Environmental Protection Agency, a copy of which is
herewith served upon the Clerk of the Board and the attorneys for the Petitioner
.
Respectfully submitted by,
Robb H. Laym
Assistant Counsel
Dated: May 2, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AF
OF THE STATE OF ILLINOIS
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MIDWEST GENERATION, LLC,
)
WILL COUNTY GENERATING STATION)
PCB No. 2006-156
v .
)
(Permit Appeal
- Air)
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
MOTION FOR EXTENSION OF TIME TO FILE
ADMINISTRATIVE RECORD
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA" or "Respondent"), by and through its attorneys, and pursuant
to 35 Ill. Adm. Code 105.116, files with the Hearing Officer this Motion for Extension of
Time to File Administrative Record in this cause
.
In support of this Motion, the
Respondent states as follows
:
1
.
On March 3, 2006, the Illinois EPA granted a construction permit,
Construction Permit No. 06020009, to the Petitioner, MIDWEST GENERATION, LLC,
(hereinafter "Midwest Generation" or "Petitioner") for the construction of new wet dust
extractor control devices for the Unit 3 and Unit 4 coal bunkers at the Will County
Generating Station located in Romeoville, Illinois
.
2
.
On or about April 7, 2006, Petitioner filed a petition with the Pollution
Control Board ("Board") seeking an appeal of the Illinois EPA's permitting decision .
The Illinois EPA received an electronic version of the appeal on the same date. Formal
notice of the appeal was served on the Illinois EPA on Apri111, 2006
.
3 .
In accordance with the Board's procedural requirements set forth in
35 111 .
Adm. Code
105.116,
the Illinois EPA's administrative record of the permit application is
to be filed with the Board within
30
days after filing of the petition for appeal . In the
present case, the Illinois EPA's filing of the administrative record is due on Monday,
May 8,
2006 .
4 .
Due to the press of other matters and the undersigned attorney's
compelled absence during much of the first week of May, the task of preparing the
administrative record of permit application cannot be completed in advance of the filing
date .
5 .
At this juncture, the undersigned attorney believes that an additional 14
days will be adequate to allow for the necessary preparation and copying of the
administrative record in this cause. An extension of the filing period by this additional
time will run the Illinois EPA's filing date to Monday, May
22, 2006 .
6 .
Petitioner will not suffer any hardship or prejudice by the granting of this
Motion .
WHEREFORE, the Illinois EPA requests that the Hearing Officer grant this
Motion extending the time for the Illinois EPA to file the administrative record in this
cause to Monday, May 22, 2006 or, in the alternative, order such other relief as is deemed
just and appropriate .
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Robb H. Layman
Assistant Counsel
Dated: May 2, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
CERTIFICATE OF SERVICE
I hereby certify that on the 2nd day of May 2006, I did send, by both first class
mail and facsimile, the following instrument entitledMOTION FOR EXTENSION OF
TIME TO FILE ADMINISTRATIVE RECORD to
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
and a true and correct copy of the same foregoing instrument, by First Class Mail with
postage thereon fully paid and deposited into the possession of the United States Postal
Service, to :
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M. Patel
Schiff Hardin, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Robb H. Layman
Assistant Counsel
