IN THE MATTER OF:

ILLINOIS POLLUTION CONTROL BOARD

July 25, 2008

RECEIVED

CLERK'S OFFICE

JUL 2 5 2008

STATE OF ILLINOIS

Pollution Control

Board

WATER QUALITY STANDARDS AND

EFFLUENT LIMITATIONS FOR THE

CHICAGO AREA WATERWAY SYSTEM

AND LOWER DES PLAINES RIVER

PROPOSED AMENDMENTS TO 35 ILL.

ADM. CODE 301, 302, 303, and 304

R08-9

(Rulemaking - Water)

HEARING OFFICER ORDER

On July 25, 2008, Midwest Generation, LLC filed a motion for extension of time to file

prefiled testimony of two witnesses. Pursuant to Section 101.500(d) of the Board's rules parties

have 14 days after service of the motion to respond to the motion. 35 Ill. Adm. Code 101.500(d).

Section 101.500(d) further provides that unless undue delay or material prejudice would result, a

hearing officer will not grant a motion before the expiration of the 14 day response time.

Id.

The prefiling deadline for testimony is currently August 4, 2008, before the expiration of the 14-

day response time. Therefore, to allow for a ruling on the motion before the prefiling deadline,

all responses to the motion must be filed by July 31, 2008. The mailbox rule does not apply and

any electronic filings or approved fax filings must be received by the Clerk's office no later than

4:30 p.m. on July 31, 2008.

IT IS SO ORDERED.

arie E. Tipsord

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-4925

tipsormcaipcb.state.il.us