ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC,
JOLIET GENERATING STATION,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
To :
Pollution Control Board, Attn : Clerk
James R
. Thompson Center
100 W . Randolph, Suite 11-500
Chicago; Illinois 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W . Randolph
. Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution control Board Petitioner's Response to the Agency's Motion for Extension of Time
to File
Record, a copy of which is herewith served upon each of you .
NOTICE OF FILING
PCB 06-058
(Permit Appeal
-
Air)
Rohh Layman
Sally Carter
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P .O
. Box 19276
Springfield . Illinois 62794-9276
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
December 15, 2005
Sheldon A . Zabel
Kathleen C . I3assi
Stephen J . Bonebrake
Joshua R . More
Kavita M . Patel
SCI IIFF I IARDIN . LIP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60006
312-258-5500
Fax
: 312-258-5600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC,
)
JOLIET GENERATING STATION,
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
PCB 06-058
(Permit Appeal-Air)
RESPONSE TO AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, Midwest Generation . LLC, by and through its attorneys, Schiff
Hardin, LLP, and responds to the Illinois Environmental Protection Agency's
("Agency")
Motion for Extension of Time to File Record in the above-captioned matter, stating us follows :
The Agency represents in its Motion that the record in this matter is voluminous
and that, having insufficient staffing of its own to perform the copying, it has had difficulties in
finding a copy service willing to perform the task necessary here . The Agency observes in its
Motion that while many permit appeals are protective in nature and so do riot necessarily require
the tiling of a record, the complexities in this appeal make it more likely that the record will be
necessary
. Finally, the Agency requests an indefinite extension of time in which to file the
record .
2.
Petitioner agrees that while some issues in this matter may be addressed through
discussion and agreement between the parties, it is premature to determine whether that is true
for any, much less all, of the issues raised in the appeal
. Therefore, it is necessary and
appropriate that the Agency rile the record in this appeal
.
-3-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Petitioner also understands the Agauy's problem in preparing the record for
tiling and does not object to the Board's granting the Agency an extension of time to file the
record
. However
. Petitioner requests that the Board grant such extension of time until January
26
. 2006, with leave to seek a further extension it the Agency has been unable to prepare and file
the record by that time
.
4 .
Finally
. Petitioner understands that the Agency may seek to reduce its copying
burdens relative to the record through filing fewer than the number of copies mandated by the
Board's rules
. 'I he Agency has discussed this with Petitioner, and Petitioner has no objection to
the Board granting the Agency reasonable relief from that requirement
.
Respectfully submitted,
MIDWEST' GENERA I ION
. I.LC,
JOLI1 l GENERATING STATION
by
Dated :
December 15 . 2005
Sheldon A
. Zabel
Kathleen C
. Bassi
Stephen J
. Bonebrake
Joshua R
. More
Kavita M
. Patel
SCHIFF HARDEN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
One of Its Attorneys
-4-
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LIX,
JOLIET GENERATING STATION,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
CERTIFICATE OF SERVICE
I, the undersigned- certify that I have served the attached Appeal of CAAPP Permit of
Midwest Generation, LLC, Joliet Generating Station,
by electronic delivery upon the following
person :
pollution Control Board, Attn
: Clerk
James R
. Thompson Center
100 W
. Randolph, Suite 11-500
Chicago. Illinois 60601
AV
Kathleen C . B
PCB 06-058
(Permit Appeal - Air)
and by electronic and first class mail upon
the following person
:
Robb Layman
Sally Carter
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue
. Fast
P.O
. Box 19276
Springfield . Illinois 62794-9276
robb .I aym an(u;epa. state
. i l . us
sally
.carterrgepa . state . i I . us
Bradley Halloran, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W . Randolph, Suite, 11-500
Chicago, Illinois 60601
hal Iorab!a,ipeh
.state,i t .us
-5-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
I)ecernher 15 . 200
Sheldon A
. label
Kathleen C . l3assi
Stephen J
. l3onebrake
Joshua R
. More
Kavita M
. Patcl
SCI IIFF ILARDIN, LLP
6600 Sears 'Fewer
233 South Wacker Drive
Chicago, Illinois 60606
312 258-5500
lax: 312-258-5600
012
, 1342nn .1
