NOIS
THE MATTE
Illinois Pollution
Control Board
100 West Randolph Street
NOTICE OF FILING
TO: Mr. John Therriaul
t
y ou.
go, Illinois
TION CONTROL
BOARD
Rulemaking - Water)
ois 130
James R. Thompson
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
U.
S.
MAID
1110N11,16'
^ýY, rýý4 ý. 1. L
I k 11-11 TO
i .wt
T O i-.XCLLOE
and
2,2
By: /s/ Christine G. Tctwuvi
ý rrtý'-ys
Electronic Filing - Received, Clerk's Office, December 12, 2008
I
IN TIDE MATTE
OIS
POLLUTION
CON
PETITIONERS' MOTI
TRIKE F.-FILED QI?FST
strict
16, (") (co IIecti
ions"),
ective at the c
3, ?0(}8 Merit and Economic
"Petition"), seeking to,_-.i:j)Irsh
was
n clud'ing a
Electronic Filing - Received, Clerk's Office, December 12, 2008
dated September
Board also
that it "received
no responses to the
2008, the November 3, 2008
e-filed testimony be
filed fifteen days before the hearing. Petitioners
fled Pre-Filed Testimony for their seven
(7) witnesses
by the October 20, 2008 deadline, and thereafter, on October 29, 2008,
tyre
nois Environmental Protection Agency
("Agency") filed the Pre-Filed Testimony of
counsel for the Agency made an oral
e
Illinois
Environmental ll
i
;
, < <_
c i
ion Act (415 ILCS 5/27
fficer noted
that
they should file those
O
hich was granted by the Bo
t
i, - ý. i i = ., aed her
6, 2008
Order reiterating her statemen i rc ,: ; i ý..1in g the
Electronic Filing - Received, Clerk's Office, December 12, 2008
be fled and the December 16, 2008 hea
Order stated:
If after review ins t
t
added.)
er 6, 2008
fled
additional
Flea
noted above.
ý1eri,i)
there are additional
those questions must
November 3, 2008
f h'_ f:Wf ( 11;11' 111.
0 1 t,r what t1 tLii:i
r9 1`
ý .
,I
J1lb(-r
6, 2008
;,uiý_ s,tttho
Pre-Filed Questions.
ioners and the Agency
in any way to
t to this
scope o
as discovery for inform
t J T1
:ý11,
(. Id
which
are c1
):1ý;(, t1
iipon review
of such additional information, nevertheless,
n 40
3
Electronic Filing - Received, Clerk's Office, December 12, 2008
7. For the few questions that relate to the
additional in
by PRN, as
the questions a
See, e.g., question numbers q, 1
document submittals
of Petitioners at
relate to the additional infonnati
for some ques
on, such as numbers 27, 28 a
ions do not
ons, such as numbers 15, 19 and 24, concern
ony was presented at the Nove
new
information, such as question num
Hearin
8.
pre-hl,-,11c
i,ýiiony were
(,,r,_.-:
n a,
IC llcdul,
d
for
the purpose of
and a
the November
3, 20
to otl
d, or it
wool
11 eight (8) witnesses who pre-filed
Specific
in many cases, some questions could
have
hcca
<<slced at
I,pc;ir
to relate to or arise
a presented in
the post-hearing
4
Electronic Filing - Received, Clerk's Office, December 12, 2008
Section 101.500(d) of the Board's Procedural
Rules (35
101.500
vides that:
[w]ithin 14
days after service of a motion, a party
may file a response to
the motion. If no response
is filed, the party wi
the 14 day response perio
been fled Part
(Emphasis
added.
uhsection
officer has the authority
s that are not
dispositive of the piý.)t.,.:
35 1h,
,
11.
101.610(n)) provi
[t]hc
11ý
grin:;
officer has the duty to manage
prose
hearM'
. to conduct a fair hearing, to take
all nccc<;:;.u°y
action
to avoid
accordance with
Section 101.502 o
: xd'<<
Procedural Rules
o r deferred to the hearing officer
Rule on any motion
.610(c
Electronic Filing - Received, Clerk's Office, December 12, 2008
12.
102 .420)
o
fficer
will hay
111.
13.
d's Procedural Rules (3S 1:11. Adm.
Code
at "[a]s necessary
to conduct the regulatory
Ich Pre-F
g proceedings
as
those
set forth in 35
ve the Hearing Officer to strike PRN'
led Questions fail to
comply
with
the Hearing Officer's
2008 Order, and striking PRN's
14.
the Novembe
the Agency)
to respond in writin,°
t CWLP has ma
r
ra_
,: II
9 1`
1 5. As early as December 28, 2006,
CWLP had communications with counsel
to discuss reported boron exceedances
harge
etween the parties.
ination Syr,tci a. pý,
1)
vi, (o[ F' L&
o 11
ion o
s lue.
6
Electronic Filing - Received, Clerk's Office, December 12, 2008
17.
EL
ioners exchanged several telephone calls wi
fore Pet
ations, counsel for both parties
discussed
the proposal itself and the possibility of an opportunity for PRN
and Petitioners
to participate
r
w ould occur
edited Rev
2008, Petitioners filed their initial filing, which
:ion to Waive Re
S .
1 9,
and the suppor
1
s. ý,unsel
1`SDs to cowkse
informal meeting betw,.ýwir
The 1111t ndcd
nd
an effort to
provide
21 On September 16, 2008, the Board issued its FN, 1
Opinion
and
Electronic Filing - Received, Clerk's Office, December 12, 2008
23. (fin September 22, 2008, Pet ers filed their
Statement
Addr
y, forwarded a copy of
24.
employees and consultants of Petit
effort
to allow P
meeting
only by
25.
representatives
of
did.
11 as
ioint telephone conference would be
I
irlr
tlýý
Brown.
2 7.
a number
of
telephone
calls i
vember 3, 2008
2008, counsel
,
,I
ýI I I- ly
s tions, or, more specifically,
ially suggested
went any qtr
ober 16, 2008, PRN informed counsel for
s at hearing.
s of only a few Ii
ber 3, 2008
Electronic Filing - Received, Clerk's Office, December 12, 2008
28. PRIM filed no pre-hearin
2008
29. The November 3, 2008
tioners presented a number o
a list of possible witnesses prior to
Post-Hearing Document Submittal on
2008.
30.
nd in the
November
rder,
earing D oc
31
1 1 Ill`.'
32.
33.
34.
hers freely pro
tioners
of
the
2008.
peated some questions asked and answered at the November 3, 2008 Hearing,
estions that are irrelevant and outside of the scone of the rulerna
Electronic Filing - Received, Clerk's Office, December 12, 2008
most of which
also do not relate to the additional information
in
lent Submittal of November
21, 2008.
35.
and 101.610(n).
36.
ant to Section 101.502 of the Board's
Procedural Rules, the Hearing
prior
to eapirati
response
generally allowed in
order to
4-day
ejud]'
latory proceedings,
i
Matter
of.
r
In the
rule on
' First Notice
Opinion and Order of the Board, In the Matter 0j:.
le on
this
Motion.
See also 35 111. Adm.
Code
ýý 102.420
ion Appli,-ýrhlc to Arneren
lotion ApIalicahle to Ann, wn
L;n,
0
B oard ultimately granted
tl
303.2116, and
106.9901
cult if the motion was denied.
sec also Order of the Board, 111 rliý
n 10,
,1,;1,zd,ri1,`)rr
Lodý s: 35 Ill. Adm.
Co(
10
Electronic Filing - Received, Clerk's Office, December 12, 2008
WHEREFQ
City Water, Light and Power and Springfield
that the Hearing Officer strike PRN's
Pre-Tiled Que
hat que
lic Utilities,
appropriately
asked at the hearing scheduled for
December 10, 2008,
and
allow
the
Petitioners
to respond in writing to
Q uestions
that the
?
I f;;
Respectfully submitted,
and
(-itj-':,c;[,ý <T
'r;
1ýý
3150 Roland Avenue
Electronic Filing - Received, Clerk's Office, December 12, 2008
LINC}IS
SANGAMON }
Katherine U.
y, the facts set
Officer to Strike
firms that, based
upon
ioners' Motion
ns
or to Clarify above are true and correct.
Subscribed <tnd sworn to before
f11
ti,i
v
Electronic Filing - Received, Clerk's Office, December 12, 2008
B
THE
METRO}
SANIT
TIO)N
302.208
c
Rule ---
Water)
1
irns7field
Metro Sanitary
ililoners"), by and t hloI,I':- 1 _1 ( Ii,-Ir;liL,,ili.ys, I-I
B oard ("Board") at
fficer Orders,
lude, Petitioners siafc.is follows:
101.500(4) of the Board's Procedural Rules (35 111. Adm.
he grantin
d or
i lie
hearin;.,, officer in its dispor
fi
1011 o
endue
&
1,i ,, !or 1n;itý r]al_ljreudice
would
ý ;;(tlt,
n either the
p rovides that:
1
the 14 day rc°,jio ýn:,,.
Rica
r w ill t,rilit any motion before , xpI ration of
F
Y
-'0111,!23 t',,/liere
Electronic Filing - Received, Clerk's Office, December 12, 2008
has been fled. Parties may request that the Board grant more
nd by filing a motion for extension of ti
35 Ill.
0 1,500(d). (Emphasis added.)
1 01.502 of the Board's Procedural pules (35 Ill.
101.502) provides at subsection (a) that "[t]he hearing
not
set out in Section 101.610 of this Part." 35 Ill.
101.502(x).
ard's Procedural Rules (35 Ill. Adm. Code
oMcý_`r bas the duty to m<Ili:.iýYe pro(- °c°din1gs <C : 1'_'11to set
lridj.l,c(,t
fairheari)i-_ t
o ?A,,_
1,tWi,.iut Order, ,ind
to, -!,,
iti
.
A,,};jitt:ili
oil
. The duties and authorities of the
bowers
11iý.1r0in ,
t he ;Illlýic}ý.li
wring officer by the Board in
35 Ill. Adm. Code 101.610(n).
Board's
.420)
provides that "[a]s necessary to conduct the regulator
officer will have
authorities
n rulema
. Adm. Code
lrl,o_k, ;,cry
possible effort to cooperate with P
Electronic Filing - Received, Clerk's Office, December 12, 2008
tory process to prov
Officer to Strike Pre-
for EL&PC, pate
governed by CWLP's National
7.
On December 29, 2006, CWLP willin
I ,-I
I I
(.
J I tie boron exceedance
r CPrrT._ >,c1tf:,ti
lI Li.- L,._.. rd
on august 29, 2
ly as December 28,
2006, CWLP had communications with
counsel
eously wi
aring
I
i
i
Inig
in this
0 8. During those communic
rs' Motion Directed
to
stem pe
"Agency
panying motions.
Electronic Filing - Received, Clerk's Office, December 12, 2008
10. The Board granted Petitioners' Motion for Expedited Review in its First
2008, wherein th
11.
way to Petitioners' Motio
counsel for
Petitioners was to allow
provide
14.
15.
to counsel
16,
its
First Noti
a courtesv,
forwarded a copy of
the
same
0,200
e tln
D 1Cý:i
Electronic Filing - Received, Clerk's Office, December 12, 2008
17. On October 16, 2008,
ipated in the joint telephone conference would
November 3, 2008
ve ques
18.
008, Petitioners filed with the Board Pre-filed Testimony
and Economic Hearing ("November 3, 2008
as they
hilung,
Brawn.
From October 21 through October
num
v e Farris,
p,,_ partitions for the November
3,
20(
)
i
ý
asel for both parties
},i
iiirgan and Don
r>; (, i"only
a fcu 1i,, ý
I
i
ý, d
subject areas about
which
a list of
21
proposa
errs and
111, 11dr,J
s , and requested additional
Electronic Filing - Received, Clerk's Office, December 12, 2008
22.
3, 2008 Hearing, however, PRN made absolutely no
s se;;
at the hearing sc
2 008.
23.
On November 21, 2008, in accordance with discussion at the November 3,
I
ers sub
Post-Hearing
Document Submittal and provided for the record
requested either by the Board o
24.
the same to
port that
rs had not included in their Post-Hearin
25.
26.
27. On December 5, 2008, PRN fled its
"Pre-
relevant an
requested an
r11. ;ilidwasonly i..i+,(ý_ý .iý_A
,-1; fruely prc,\ i,,loi thc report to Ms.
er 21, 2008,
he a
1 for
Petitioners of
Electronic Filing - Received, Clerk's Office, December 12, 2008
28. On December 9, 2008, PRN provided to counsel far Peti
e of the issues PRN's
ed for December 16, 2008.
efforts prior
to and
roceedin
3 0.
ght to p resent w itnesses a t the
First, PRN oracle no obje
otion Exped
[d
( I v ý 11.) 1'. , i r,-,
L int 11 on oi- about T7,,ý,
4. 2
0,ý t
counsel for
use
3 1.
tioners, by presenti
action and del
ared to answer PRN's questions, and slid so, at that time.
n11 ),.. r
3, 2008 Hearing was the appropriate time for PRN to present i.
well, especia
be any
Electronic Filing - Received, Clerk's Office, December 12, 2008
32.
As a result,
33.
scheduled for December 16, 2008.
101.502 of
the Board's Procedural
is Motion. See also 35
111. Adm. Code
and 101.610(n).
34.
Rules, the Hearing Office
response
edural
Motion prior to expiration of the
14-day
ions
regulatory proce
m attc
Proposed
Sit(-
Spec
l!t!I1!,?,5Ill.
A,it'I
n the
i
loiw, so, the Board,i.li,
,J
"[a] review
of
i
1uci<<
e .
ci,ýf;i,/ ;tied
rating Con2pany,
Elgin, Ananling 35 Zll.
AEIn.
Code
Part 90
ately granted the Motio
. Nov. 6, 2
106. 990 --10l6 995
Electronic Filing - Received, Clerk's Office, December 12, 2008
City
exclude P
ois, Office of Public Utilities
Sanitary District respectfully request
messes at the hearinsa scheduled
fully submitted,
Date: December 12, 2008
I;ý,filýý,
ýr1i:
D.
f
C! i ri
1 u t-) r
3151) V_
and
NITARY
hi stitle C. Zcm.ýn
Their,
Electronic Filing - Received, Clerk's Office, December 12, 2008
AFFIDAVIT
STATE OF ILLINOIS
SS.
COUNTY OF SANGAMON )
K atherine D. Hodge, being first duly sworn on oath, affirms that, based upon
appropriate inquiry, the facts set forth in the
Petitioners' Motion Directed to the Hearing
Officer to Exclude Witnesses of-Prairie Rivers Network above are true and correct.
FURTHER AFFIANT SAYETH NOT.
Subscribed
and sworn to before me
this 12th day of December, 2008.
R
otaryPublic
.--J
C WLP:002/Fil/Mtn to Exclude
Witnesses of PRN(2)
Electronic Filing - Received, Clerk's Office, December 12, 2008
erved the attached
I
IONS OR O CLARIFY and PETITIONERS' MOTION
ING
OFFICER
TO
OR.K,
upon:
Mr. John Therriau
OFFICER
TO STRIKE
Board
for Prairie Rivers Network
Illinois 60601
James R. Thompson Center
100 West
Randolph Street
iWtltllc1u'd
P
III
o is Pollution Control Board
c/o Environmental
Law ax
(
Ct
i I ,
_
S 4II
it-I:-I'+.:l
(,2794-0276
lilt
1
i ? ýirf
Control
Board
C1 it i Line G. Zema
11-500
C
W
LP:002/Fiti
nas/ NC)F-C"()S - Motion to Clarify. Motion to
Electronic Filing - Received, Clerk's Office, December 12, 2008
