ILLINOIS POLLUTION CONTROL BOARD

September 6, 1972

MERLIN HOWE

v.

)

#71—333

COMMONWEALTH EDISON CO. AND

IOWA-ILLINOIS GAS & ELECTRIC CO.

)

OPINION AND ORDER OF THE BOARD (by SAMUEL T. LAWTON, JR.)

This was a citizen’s complaint filed against respondents in

their capacities as owners and operators of the Quad-Cities Nuclear

Electric Generating Station located at Cordova, Illinois.

The complaint alleges that the respondents discharged betwe~n

200 and 1,000 gallons of fuel oil from their flumes into the Mississippi

River. A stipulation and settlement of the case was proposed which

was initially agreed to by respondents. However, when the Board

indicated that a hearing on the stipulation and settlement would

be appropriate in order that the views of the public could be expressed

with respect to the proposal, respondents declined to enter into the

settlement. Upon receiving the report of the Hearing Officer indi-

cating the foregoing, the Board reconsidered its requirement for a

hearing in this particular matter and concluded that because of the

isolated episode involved, since corrected, and the relatively

insignificant burden on the public welfare created, a hearing would

not be mandatory if by so directing we would jeopardize the settlement.

The stipulation entered into between petitioner and respondents

acknowledges that 150 gallons of fuel oil were accidentally spilled

into the discharge canal of the Quad-Cities station on July 14, 1971

due to a malfunction of a solenoid control valve resulting in an

overflow from a diesel fire pump day tank. Respondents took immediate

measures to correct the overflow upon its discovery. No evidence

of damage to the biota of the Mississippi River or its shorelands

is indicated and steps appear td have been taken to prevent a recurrence

of the spillage from the Station. No additional oil spillage has

taken place since July 14, 1971. The stipulation provides that

petitioner will withdraw his complaint in the matter and respondents

agree to pay the amount of $2500 to the State of Illinois Fish and

Game Fund within 30 days after the approval of the stipulationa~id

settlement by the Illinois Pollution Control Board.

We believe the stipulation and settlement represent a reasonable

disposition of the case and that no useful purpose would be served

by insisting upon a hearing on the facts of this particular proceeding.

Accordingly we approve the stipulation and settlement in the form

submitted. We note that the Board’s procedural regulations with

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respect to hearing practices on settlement proposals is in the

process of revision, which Section will be designed to clarify

the procedures to be employed by the Board in consideration of

all settlement proposals.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

It is the order of the Pollution Control Board

1. Complaint of the complainant is withdrawn upon respondents’

admission of accidental discharge of fuel oil from the

Quad-Cities Nuclear Electric Generating Station into the

Mississippi River on July 14, 1971 as set forth in the

stipulation between the parties and the foregoing opinion.

2. Respondents Commonwealth Edison Co. and Iowa-Illinois Gas

& Electric Co. shall pay the amount of $2500 to the State

of Illinois Fish and Game Fund within 30 days from the date

of this order and transmit it to Fiscal Services Division,

Illinois EPA, 2200 Churchill Drive, Springfield, Illinois 62706.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, ce~~fythat the Board adopted the above Opinion and Order

on the

_______

day of September

,

1972by a vote of 4-0.

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