IN THE MATTER OF :
)
PROPOSED NEW 35 ILL . ADM. CODE 225
CONTROL OF EMISSIONS FROM
LARGE COMBUSTION SOURCES
35 111
. Adm. Code 225 .100, 200
To :
John 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
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING
Please take notice that on April 17, 2006, the undersigned caused to be filed with the Clerk of the
Illinois Pollution Control Board the
PETITIONERS' RESPONSE TO AGENCY MOTION
CONCERNING GUIDELINES AND FORMAT OF FIRST HEARING,
a copy of which is herewith
served upon you
.
By:
James T . Harrington
David L
. Rieser
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone
: 312/849-8100
R06-25
(Rulemaking - Air)
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, 4's Floor
Chicago, IL 60606
PRINTED ON RECYCLED PAPER
RECEIVED
APR 1 J 2006
STATE OF ILLINOIS
Pollution Control Board
ORIGINAL
RECEIVED
S
CERTIFICATE OF SERVICE
APR 1 7 2006
I, James T
. Harrington, one of the attorneys for Petitioners, hereby certifyli
TATE
6Nc§Pv
OFJLL1 "
+.+~
PETITIONERS' RESPONSE
TO AGENCY
MOTION CONCERNING
GUIDELINES AND
FORMAT OF FIRST HEARING
upon those listed on the attached Notice of Filing on April 17, 2006
via First Class Mail, postage prepaid.
One of the Attorneys
Y 1 a
for Petitioners
m 1
James T. Harrington
David L. Rieser
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone : 312/849-8100
PRINTED ON RECYCLED PAPER
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PETITIONERS' RESPONSE TO AGENCY MOTION CONCERNING
GUIDELINES AND FORMAT OF FIRST HEARING
NOW COMES Petitioners, Ameren Energy Generating Company, AmerenEnergy Resources Generating
Company, and Electric Energy, Inc
., by their attorneys, James T . Harrington, David L . Rieser, and
McGuireWoods LLP, and responds to the Illinois Environmental Protection Agency's ("IEPA") Motion
to the Hearing Officer concerning guidelines and format of the first hearing scheduled for May 8, 2006 .
l .
These parties have no objection to the Agency's order of presentation .
2.
The Board should reject the four day schedule proposed by the IEPA to present all of its
witnesses as wholly unrealistic
. The expert witnesses presenting highly involved and
controversial testimony will be subject to questioning by the Board and interested parties of all
viewpoints . It be expected that their oral presentation and questioning by the Board and
interested parties will require considerable additional time than allowed by the Agency
schedule
. Imposing an arbitrary schedule at this time without having a full opportunity to
consider the nature of the testimony presented will unnecessarily limit the ability of the Board
and participating parties to bring important facts and opinions to light .
3 .
The Board should also determine that witnesses will need to be available until all Board and
interested party questions have been addressed, subject, of course, to the Hearing Officer's
right to limit redundant and irrelevant questions . Without this availability, the Board would
not be certain of obtaining the best and most thorough record possible . The Board should
PRINTED ON RECYCLED PAPER
RECEIVED
APR 1 7 2006
IN THE MATTER OF :
PROPOSED NEW 35 ILL
. ADM. CODE 225
)
)
R06-25
Pollution
STATE OF
Control
ILLINOISBoard
CONTROL OF EMISSIONS FROM
)
(Rulemaking - Air)
LARGE COMBUSTION SOURCES
)
35 111 . Adm . Code 225
.100, 200
)
reject written questions to witnesses as an entirely unsatisfactory way to bring forth the truth
since there is no ability to ask follow-up questions and it is overly easy to evade, whether
intentionally or not, the answer to a written question .
4.
Since the Board is currently proceeding as though this is a rulemaking pursuant to Section 28 .5
of the Illinois Environmental Protection Act over the objection of these and other parties, there
should be no artificial deadline for concluding the hearing, which by provisions of Section
28.5 is required to proceed day-to-day until completed
. Having sought to have this matter
considered under Section 28.5
which provides for an already truncated process, the Agency
should not be allowed to further limit the ability of the Board and other interested parties to
thoroughly examine the information and witnesses presented by the Agency .
5 .
The Board should allow at least nine days for the presentation of IEPA's case and the
questioning of its witnesses .
Dated this 17th day of April, 2006 .
Respectfully submitted,
AMEREN ENERGY GENERATING COMPANY
AMERENENERGY RESOURCES GENERATING COMPANY
ELECTRIC ENERGY, INC
.
By:
Attorneys/
PRINTED ON RECYCLED PAPER
David L. Rieser
James T. Harrington
Attorneys for Petitioners
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone
: 312/849-8100
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