Illinois Environmental Protection Agency,
)
Respondent .
)
Midwest Generation EME,LLC
Petitioner,
V .
To :
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
Control Board an original (1) and nine (9) copies of Petitioner's two SUBPOENAS DUCES
TECUM, copies of which are herewith served upon you
.
Respectfully submitted,
SCHIFF HARDIN LLP
BY :
Andrew N. Sawula
Attorney for Petitioner
6600 Sears Tower
Chicago, Illinois 60606
312/258-5500
Dated: March 10, 2006
CH2\ 1389729 .1
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLEFIK'F OFFICE
MAR
I
!l 2006
STATE OF ILLINOIS
PCB 04-216
Pollution Co
Trade Secret Appeal
NOTICE OF FILING
Lisa Madigan
Matthew Dunn
Ann Alexander
Paula Becker Wheeler
Office of the Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Illinois Environmental Protection Agency
Respondent .
SUBPOENA DUCES TECUM
TO
:
Lisa Madigan
Matthew Dunn
Ann Alexander
Paula Becker Wheeler
Office of the Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Before the Illinois Pollution Control Board
Midwest Generation EME, LLC
Complainant/Petitioner,
V .
PCB 04-216
(Trade Secret Appeal)
CIARK'S OFFICE
MAR
1 U
200E
STATE OF ILLINOIS
Pollution Control Board
Pursuant to Section 5(e) of the Environmental Protection Act (415 ILCS 5/5(e)
(2002)) and 35111. Adm. Code 101, Subpart F, the most knowledgeable employee(s) or
representative(s) of the Illinois Environmental Protection Agency are ordered to attend and
give testimony at the hearing/deposition in the above-captioned matter at 9 :00 a.m. on
March 28, 2006, at the offices of Schiff Hardin LLP, 6600 Sears Tower, Chicago, IL
60606, or at some other location agreed upon by counsel . Specifically, the Illinois
Environmental Protection Agency must designate and produce the most knowledgeable
employee(s) or representative(s) to testify as to matters known or reasonably available to
the Illinois Environmental Protection Agency concerning the topics listed in Attachment A
hereto. The deposition will be by oral examination with written record made thereof,
before a notary public or other person authorized by law to administer oaths
.
You are also ordered to bring with you documents relevant to the matter under
consideration as designated in Attachment B hereto
.
Failure to comply with this subpoena will subject you to sanctions under 35 Ill
.
Adm. Code 101 .622(g) and 101802
.
ENTER :
CH2\ 1389597 .1
2
Dorothy M. Gunn, Clerk
Pollution Control Board
Date: March 10, 2006
I served this subpoena duces tecum by mailing a copy to Ann Alexander on March
10, 2006 .
Subscribed and sworn to before me this 10th day of March, 2006
.
"OFFICIAL SEAL"
Debra L. Martin
Notary Public, State of Illinois
My CommissionExp. I012If2
Attachment A
Definitions
The "Act" means the Illinois Environmental Protection Act, 415 ILCS 5
.
"FOIA" means the Illinois Freedom of Information Act, 5 ILCS 140
.
"IEPA" means the Illinois Environmental Protection Agency (including the Director of the
Illinois Environmental Protection Agency), its headquarters, offices, bureaus, and its present and
former officers, directors, managers, employees, agents, contractors, consultants, attorneys, and
affiliates, and all other persons acting or purporting to act on its behalf
Topics for Deposition
I
.
IEPA's practices, procedures and standards concerning the handling of documents
that purport to contain trade secrets or other confidential information
.
2 .
IEPA's practices, procedures and standards for determining whether public
records are exempt from disclosure pursuant to FOIA, the Act, the regulations set forth at 35 Ill
.
Adm. Code 1828, or the regulations set forth at 35 Ill . Adm. Code 130 .
3
.
The manner in which IEPA has implemented Section 3(g) of FOIA and Section 7
of the Act, including IEPA's practices and procedures for complying with the regulations set
forth at 2 III. Adm. Code 1828 .
4
.
The manner in which IEPA has implemented Sections 7 and 7 .1 of the Act,
including IEPA's practices and procedures for complying with the regulations set forth at 35 Ill
.
Adm. Code 130 .
5
.
The relationship between the regulations set forth at 2 Ill . Adm. Code 1828 and
those set forth at 35 Ill. Adm. Code 130 .
Attachment B
Definitions
The "Act" means the Illinois Environmental Protection Act, 415 ILCS 5
.
"Documents" shall be interpreted in the broadest possible sense and include, without limitation,
all written, recorded, printed, typed, transcribed, filmed, digitized, or graphic matter and
all other
tangible things and media upon which any handwriting, typing, printing, drawing, representation,
electrostatic or other copy, sound or video recording, magnetic or electrical
impulse, visual
reproduction or communication is recorded, reproduced or represented, including, but not limited
to books, records, correspondence,
reports, memoranda, electronic mail (i .e.,
"e-mail"),
contracts, tables, tabulations, graphs, charts, diagrams, plans,
schedules, appointment books,
calendars, diaries, time sheets, reports, studies, analyses, drafts, telegrams, teletype,
or telecopy
messages, files, telephone logs and messages, checks, microfilms,
microfiche, pictures,
photographs, printouts,
electronic data compilations,
tapes, diskettes,
computer drives,
removable media, notes, minutes or transcripts of proceedings
.
"Documents" shall include
originals and non-identical copies (whether different from original because of notes made in or
attached to such copy or different for any other reason), all other data compilations from which
information can be obtained or translated, if necessary, and any preliminary versions,
drafts and
revisions of the foregoing .
"All documents" means every document within the custody,
possession or control of the
Respondent, its attorneys, representatives, agents, affiliates, consultants, divisions, and all other
persons or entities of any kind now or at anytime acting or purporting to act on its behalf
.
"FOIA" means the Illinois Freedom of Information Act, 5 ILCS 140 .
"IEPA" means the Illinois Environmental Protection Agency (including
the Director of the
Illinois Environmental Protection Agency), its headquarters, offices, bureaus, and its present
and
former officers, directors, managers, employees, agents, contractors, consultants,
attorneys, and
affiliates, and all other persons acting or purporting to act on its behalf
Documents Requested
1
.
All documents (including guidance documents), whether internal or external,
formal or informal, that IEPA has drafted or relied upon in the past, or currently relies upon, that
set forth IEPA's practices, procedures or standards regarding
:
(a)
the handling of documents that purport to contain trade secrets or other
confidential information;
(b)
determinations of whether public records are exempt from disclosure
pursuant to FOIA, the Act, the regulations set forth at 35 III . Adm. Code 1828, or the regulations
set forth at 35 Ill. Adm. Code 130 ;
(c)
the implementation of Section 3(g) of FOIA and Section 7 of the Act,
including IEPA's practices and procedures for complying with the regulations set forth at 2 111
.
Adm. Code 1828 ;
(d)
the implementation of Sections 7 and 7.1 of the Act, including IEPA's
practices and procedures for complying with the regulations set forth at 35 111 . Adm. Code 130 ;
or
(e)
the relationship between the regulations set forth at 2 Ill . Adm. Code 1828
and those set forth at 35 Ill. Adm. Code 130 .
CHP 1389649 .1
Midwest Generation EME, LLC
V .
Complainant/Petitioner,
Illinois Environmental Protection Agency
Respondent .
TO :
Lisa Madigan
Matthew Dunn
Ann Alexander
Paula Becker Wheeler
Office of the Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Pursuant to Section 5(e) of the Environmental Protection Act (415 ILCS 5/5(e)
(2002)) and 35 111 . Adm. Code 101, Subpart F, the most knowledgeable employee(s) or
representative(s) of the Illinois Environmental Protection Agency are ordered to attend and
give testimony at the hearing/deposition in the above-captioned matter at 1
:00 p.m. on
March 28, 2006, at the offices of Schiff Hardin LLP, 6600 Sears Tower, Chicago, IL
60606, or at some other location agreed upon by counsel
.
Specifically, the Illinois
Environmental Protection Agency must designate and produce the most knowledgeable
employee(s) or representative(s) to testify as to matters known or reasonably available to
the Illinois Environmental Protection Agency concerning the topics listed in Attachment A
Before the Illinois Pollution Control Board
SUBPOENA DUCES TECUM
RECEIVED
CLERK'S OFFICE
MAR
1 0 2006
STATE OF ILLINOIS
Pollution Control Board
PCB 04-216
(Trade Secret Appeal)
2
hereto. The deposition will be by oral examination with written record made thereof,
before a notary public or other person authorized by law to administer oaths
.
You are also ordered to bring with you documents relevant to the matter under
consideration as designated in Attachment B hereto
.
Failure to comply with this subpoena will subject you to sanctions under 35 Ill
.
Adm. Code 101 .622(g) and 101802
.
ENTER :
Dorothy M. Gunn, Clerk
Pollution Control Board
Date: March 10, 2006
I served this subpoena duces tecum by mailing a copy to Ann Alexander on March
10, 2006 .
CH2\ 1389646 .1
Subscribed and sworn to before me this 10th day of March, 2006
.
Notary Public
"OFFICIAL SEAL"
Debra L. Martin
Notary Public, State of Illinois
My Commission UP. 10121/2007
/~
21/07 '
Attachment A
Definitions
"Emissions data" refers to that term as it is now or was in the past defined under Section 7 of the
Illinois Environmental Protection Act, 4115 ILCS 5/7, Section 114(c) of the Clean Air Act, 42
U.S.C. § 7417(c), or their predecessors, and their implementing regulations
.
"IEPA" means the Illinois Environmental Protection Agency (including the Director of the
Illinois Environmental Protection Agency), its headquarters, offices, bureaus, and its present and
former officers, directors, managers, employees, agents, contractors, consultants, attorneys, and
affiliates, and all other persons acting or purporting to act on its behalf
Topics for Deposition
I
.
IEPA's interpretations of the term emissions data
.
2
.
IEPA's denial of confidential treatment for information in public records on the
basis that the information constitutes emissions data
.
3
.
IEPA's practices, procedures and standards regarding its denial of confidential
treatment for information in public records on the basis that the information constitutes
emissions data.
4
.
IEPA's practices, procedures or standards regarding its determination that
information constitutes emissions data
.
Attachment B
Definitions
"Documents" shall be interpreted in the broadest possible sense and include, without
limitation,
all written, recorded, printed, typed, transcribed, filmed, digitized, or graphic matter and all other
tangible things and media upon which any handwriting, typing, printing, drawing, representation,
electrostatic or other copy, sound or video recording, magnetic
or electrical impulse, visual
reproduction or communication is recorded, reproduced or represented, including, but not limited
to books, records, correspondence, reports, memoranda, electronic mail
(i .e .,
"e-mail"),
contracts, tables, tabulations, graphs, charts, diagrams, plans,
schedules, appointment books,
calendars, diaries, time sheets, reports, studies, analyses, drafts, telegrams, teletype,
or telecopy
messages, files, telephone logs
and messages, checks, microfilms,
microfiche, pictures,
photographs, printouts,
electronic data compilations, tapes, diskettes,
computer drives,
removable media, notes, minutes or transcripts of proceedings
.
"Documents" shall include
originals and non-identical copies (whether different from original because of notes made in or
attached to such copy or different for any other reason), all other data compilations from
which
information can be obtained or translated, if necessary, and any preliminary versions, drafts and
revisions of the foregoing
.
"All documents" means every document within the custody,
possession or control of the
Respondent, its attorneys, representatives, agents, affiliates, consultants,
divisions, and all other
persons or entities of any kind now or at anytime acting or purporting to act on its behalf
"Emissions data" refers to that term as it is now or was in the past defined under Section 7 of the
Illinois Environmental Protection Act, 4115 ILCS 5/7, Section 114(c) of the Clean Air Act, 42
U .S.C. § 7417(c), or their predecessors, and their implementing regulations .
"IEPA" means the Illinois Environmental Protection Agency (including
the Director of the
Illinois Environmental Protection Agency), its headquarters, offices, bureaus, and its present
and
former officers, directors, managers, employees, agents, contractors, consultants,
attorneys, and
affiliates, and all other persons acting or purporting to act on its behalf
.
Documents Requested
I
.
All documents (including guidance documents), whether internal or external,
formal or informal, that IEPA has drafted or relied upon in the past, or currently relies upon, that
set forth
:
(a)
IEPA's interpretations of the term emissions data
;
(b)
IEPA's practices, procedures or standards regarding its determination that
information constitutes emissions data ; and
(c)
IEPA's practices, procedures or standards regarding its denial of
confidential treatment for information in public records on the basis that the information
constitutes emissions data .
CH2\ 1389676.
1
CH2\ 1389726.1
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Midwest Generation EME,
LLC's Petitioner's two SUBPOENAS DUCES TECUM by U .S. Mail, upon the following
persons
:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
Lisa Madigan
Matthew Dunn
Ann Alexander
Paula Becker Wheeler
Office of the Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Dated March 10, 2006
Andrew N. Sawula
Attorney for Petitioner
