I
ILLINOIS POLLUTION CONTROL BOARD
In The Matter of:
)
Proposed
Control
New
of
35111Emissions
. Adm. Code225
from
))
Large Combustion Sources
)
NOTICE OF FILING
TO: See attached Service List
PLEASE TAKE NOTICE that on April 18, 2006, I
filed with the Office of the Clerk of
the Pollution Control Board, Kincaid Generation, L .L.C.'s RESPONSE TO ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY'S MOTION CONCERNING GUIDELINES
AND FORMAT OF FIRST HEARING, a copy of which is herewith served upon you
.
Respectfully submitted,
No
. R06-25
(Rulemaking -
Air)
Bill S . Forcade
JENNER & BLOCK LLP
One IBM Plaza
Chicago, IL 60611
(312) 222-9350
KINCAID GENERATION,
L.I.C.
By:
RECEIVED
CLERK'S OFFICE
APR 1 8 2006
Pollution
STATE OFControl
ILLINOIS
Board
THIS FILING IS SUBMITED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVEDCLERK'S
OFFICE
APR 18 2006
In The Matter of
:
)
Proposed
New 35 111
. Adm. Code Part 225 )
Pollution
STATE OF
Control
ILLINOIS
Board
R06-25
Control of Emissions from
)
(Rulemaking -
Air)
Large Combustion Sources
)
KINCAID GENERATION, L
.L.C.'S
RESPONSE TO ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY'S MOTION CONCERNING GUIDELINES AND FORMAT OF
FIRST HEARING
NOW COMES KINCAID GENERATION, L .L.C
. ("Kincaid"), by and through its
attorneys, Jenner & Block, LLP, and hereby responds to Illinois Environmental Protection Agency's
("IEPA") Motion Concerning Guidelines and Format of First Hearing
. Kincaid has no objection to
the IEPA's order for examination of witnesses, but Kincaid objects to the four day schedule and to
the request that outside expert witnesses be required to be present at the hearing only one day and
be allowed to submit answers to additional questions through written testimony
.
The IEPA has set out a four day schedule for the presentation and questioning of witnesses
on ten different topics for the first hearing
. This four day schedule is completely unworkable
. The
testifying witnesses will be presenting complex and contentious testimony about which both this
Board and the numerous interested parties will ask questions
. It is highly unlikely that the
proposed four day schedule for the first hearing would allow sufficient time for the presentation and
questioning of these witnesses
. Such a schedule would limit the opportunity to fully question and
analyze the facts and opinions that form the basis for the proposed rule
.
The IEPA has also asked that outside expert witnesses be required to be present only on the
appropriate topic day and, in the event "essential questions" arise at a later time, those witnesses be
allowed to respond with written answers
. Kincaid objects to this limitation and asks that witnesses
This is printed on recycled paper.
be asked to stay until all questions have been addressed
. Kincaid and other interested parties as
well as this Board should be given a full and fair opportunity to question any witnesses
. Allowing
witnesses to respond via written testimony restricts the ability of the questioning party to solicit
complete answers as there is no opportunity to ask follow-up questions
.
While Kincaid appreciates IEPA's concerns about the State's budgetary issues, this already
expedited rulemaking process should not be further compacted
. The proposal, if adopted, would
have substantial and costly impacts on Kincaid's and similar electric generation stations operators'
businesses and those entities should not have their already abridged rights to participate and protect
their interests limited even more .
For the reasons stated above, Kincaid Generation, L
.L.C
. respectfully requests the IPCB
adopt guidelines and a format for the first hearing that allows
: at least nine days for presentations of
all witnesses, including direct and cross-examination testimony
; and for all witnesses to be asked to
stay until all IPCB and interested party questions have been addressed
.
Dated
: April
1~
1
, 2006
Bill S . Forcade
Jenner & Block LLP
One IBM Plaza
Chicago, IL 60611
(312) 222-9350
2
CHICAGO
-
1 393458 2
Respectfully submitted,
KINCAID GENERATION,
by:
CERTIFICATE OF SERVICE
1, Bill S
. Forcade, an attorney, hereby certify that I served a copy of the foregoing
document, via first-class mail, postage fully prepaid, upon the parties on the attached Service
List this 18th day of April, 2006 :
\`
N'
By:
Bill S . Forcade
Gina Roccaforte, Assistant Counsel
Charles Matoesian, Assistant Counsel
John J. Kim, Managing Attorney
Air Regulatory Unit
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, IL 62794-9276
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 W. Randolph St ., Suite 11-500
Chicago, IL 60601-3218
Virginia Yang
Deputy Legal Counsel
Ill . Dept. of Natural Resources
One Natural Resources Way
Springfield, IL 62702
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
188 West Randolph St
., 20th Floor
Chicago, IL 60601
William A
. Murray
Special Assistant Corporation Counsel
Office of Public Utilities
800 East Monroe
Springfield, Illinois 62757
Christopher W . Newcomb
Karaganis, White & Mage.,
Ltd.
414 North Orleans Street, Suite 810
Chicago, Illinois 60610
David Rieser
James T
. Harrington
McGuire Woods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
SERVICE LIST
Faith E
. Bugel
Howard A . Learner
Meleah Geertsma
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
N
. LaDonna Driver
Katherine D
. Hodge
Hodge Dwyer Zeman
3150 Roland Avenue, P .O. Box 5776
Springfield, Illinois 62705-5776
Keith I . Harley
Chicago Legal Clinic
205 West Monroe Street, 4th Floor
Chicago, Illinois 60606
S
. David Farris
Manager, Environmental, Health and Safety
Office of Public Utilities, City of Springfield
201 East Lake Shore Drive
Springfield, Illinois 62757
Marie Tipsord
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W
. Randolph
Suite 11-500
Chicago, Illinois 60601
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, Illinois 60606
