IN THE MATTER OF :
)
PROPOSED NEW 35 ILL
. ADM. CODE 225
)
CONTROL OF EMISSIONS FROM
)
LARGE COMBUSTION SOURCES
)
35 Ill . Adm. Code 225 .100, 200
)
NOTICE OF FILING
TO : Those Individuals as Listed on attached Certificate of Service
Please take notice that on June 6, 2006, the undersigned caused to be filed with the Clerk
of the Illinois Pollution Control Board the attached
Response to IEPA Motion to Amend
Proposal,
a copy of which is herewith served upon you
.
Dated this 6`s day of June, 2006
.
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
AMERENENERGY RESOURCES GENERATING
COMPANY
ELECTRIC ENERGY, INC
.
By: One
of its
L
Attorneys
.
P,za.~
James T. Harrington
David L. Rieser
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone
: 312/849-8100
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
R06-25
JUN
0 6 2006
(Rulemaking-Air)
Pollution
STATE
OF
ControlILLINOIS
Board
Printed on Recycled Paper
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
:
)
PROPOSED NEW 35 ILL . ADM
. CODE 225
)
R06-25
CONTROL OF EMISSIONS FROM
)
(Rulemaking - Air)
LARGE COMBUSTION SOURCES
)
35 111 . Adm. Code 225 .100, 200
)
RESPONSE TO IEPA MOTION TO AMEND PROPOSAL
AMEREN ENERGY GENERATING
COMPANY,
AMERENENERGY RESOURCES
GENERATING COMPANY, and ELECTRIC ENERGY, INC ("Respondents") by and through their
attorneys, McGuireWoods, LLP, file this response to the IEPA's motion to amend its proposal and states
as follows
:
I .
The IEPA filed its motion to amend its proposal on May 23, 2006
. Respondents' review
of the amended proposal suggests that it might significantly change the IEPA's position that stringent
mercury controls can be achieved at all EGUs cheaply and quickly and may require changes to testimony
from all IEPA witnesses as well as the Technical Support Document filed with the original proposal
.
2.
As of this time, the IEPA has sought to modify only the testimony of Dr
. Stoudt as that
testimony relates to the technical feasibility of meeting the IEPA's proposed rule
. Yet even these
modifications do not directly address the many technical issues raised by the revised proposal, let alone
issues relating to how the rule will be implemented
.
3 .
Whether or not the Board allows the proposal to be amended, the amended language
raises many issues relating to each aspect of the proposed rule that can only be resolved through cross-
examination of the Agency witnesses
. Because the IEPA submitted the proposal after the date
Respondents' pre-filed questions were due, Respondents and other participants are likely to depart
significantly from their pre-filed questions, adding both to the complexity of the record as well as the
inclusion of information and testimony different from that which the IEPA has previously filed
.
4.
While Respondents do not object to the IEPA's motion to amend the proposal,
Respondents do request that the Board recognize the difficulty and developing effective and useful
Printed on Recycled
Paper
RECEIVED
CLERK'S
OFFICE
JUN 0 6 2006
Pollution Control Bob
testimony in the time currently allotted by the current Hearing Officer's order
. This order requires
responsive testimony to be submitted by July 17, only two weeks after the anticipated end of the first
hearings and an even less time after the transcripts are available
. Respondents respectfully submit that this
will not give Respondents and their experts sufficient time to digest the IEPA's newly revised case and
determine appropriate and useful testimony in response
.
5 .
Responds therefore request that should the Board allow the amended proposal, that the
Board also extend the date for submitting pre-filed testimony before the August
12
hearing to no earlier
than July 28 .
Respondents reserve, and ask the Board to recognize, the right to seek additional extensions
of relevant dates from the Hearing Officer at the end of or after the June hearings based on the testimony
at the June hearings or should the Agency find it necessary to present additional testimony, including
answers to questions, during the August
12 hearings.
WHEREFORE, Respondents do not object to the IEPA's motion to amend its proposal, but
respectfully request that the Board extend the filing date for additional testimony as proposed herein
.
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
AMERENENERGY RESOURCES GENERATING
COMPANY
ELECTRIC ENERGY, INC
.
By :
One
P9-
of its Attorneys
James T
. Harrington
David L . Rieser
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone : 312/849-8100
Printed on Recycled Paper
CERTIFICATE OF SERVICE
The undersigned, one of the attorneys for Petitioners, hereby certifies that I served a
copy of the
attached
Response to IEPA Motion to Amend Proposal upon those listed below on June 6, 2006 via
First Class United States Mail, postage prepaid .
To :
Jolm J
. Kim, Managing Attorney
Charles E . Matoesian, Assistant Counsel
Gina Roccaforte, Assistant Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Marie E . Tipsord, Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, IL 60601
Bill S . Forcade
Katherine Rahill
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
Bruce Nilles
Sierra Club
214 N . Henry Street, Suite 203
Madison, WI 53703
William A . Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, IL 62757
Faith E . Bugel
Howard A
. Learner
Meleah Geertsma
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601
S . David Farris
Manager, Environmental, Health and Safety
Office of Public Utilities, City of Springfield
201 East Lake Shore Drive
Springfield, IL 62757
James T
. Harrington
David L . Rieser
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone
: 312/849-8100
Printed on Recycled Paper
Ms . Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Mr
. Keith Harley
Chicago Legal Clinic, Inc .
205 West Monroe, 4t° Floor
Chicago, IL 60606
Kathleen C . Bassi
Sheldon A . Zabel
Stephen J . Bonebrake
Joshua R . More
Glenna L . Gilbert
Schiff Hardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606
Christopher W . Newcomb
Karaganis, White & Mage, Ltd .
414 North Orleans St ., Suite 810
Chicago, IL 60610
N
. LaDonna Driver
Katherine D . Hodge
Hodge Dwyer Zeman
3150 Roland Ave ., P .O
. Box 5776
Springfield, IL 62705-5776
One ofof the Attorneys for Petitioners
44013794 (v .1)-doc
