In The Matter of
:
Proposed New 35 Ill
. Adm. Code 225
Control of Emissions from
Large Combustion Sources
ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING
TO
: See attached Service List
PLEASE TAKE NOTICE that on May 9, 2006, 1 filed with the Office of the Clerk of the
Pollution Control Board, Participants DYNEGY MIDWEST GENERATION INC
., KINCAID
GENERATION, LLC, and MIDWEST GENERATION LLC's MOTION FOR REVISED
REQUEST FOR ECONOMIC IMPACT STUDY, copies of which are herewith served upon
you.
By:
Bill S
. Forcade
Katherine Rahill
JENNER & BLOCK LLP
Attorneys for Kincaid Generation, LLC
One IBM Plaza
Chicago, IL 60611
(312) 222-9350
No. R06-25
(Rulemaking
- Air)
RECEIVEDCLERK'S
OFFICE
MAY - 9 2006
Pollution
STATE OF
ControlILLINOISBoard
THIS FILING IS SUBMITED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
In The Matter of :
)
Proposed New 35 111 . Adm. Code 225
)
Control of Emissions from
)
Large Combustion Sources
)
No. R06-25
(Rulemaking - Air)
RECEIVEDCK
EIIVED
MAY -
9 2006
STATE OF ILLINOIS
Pollution Control Boar(
MOTION FOR REVISED REQUEST FOR ECONOMIC IMPACT STUDY
NOW COME Participants DYNEGY MIDWEST GENERATION, INC ., KINCAID
GENERATION, L.L.C ., and MIDWEST GENERATION, L .L.C., by and through their
attorneys, Jenner & Block LLP, and Schiff Hardin, LLP, and move the Board to issue a revised
request for an Economic Impact Study . In support of their request, Participants state as follows :
1 .
On or about March 16, 2006, while acting pursuant to the Agency''s request for
consideration of the above-captioned matter under Section 28 .5 of the Illinois Environmental
Protection Act (the "Act"), Acting Chairman G . Tanner Girard sent a letter to Jack Lavin,
Director of the Department of Commerce and Economic Opportunity (the "Department"),
requesting an Economic Impact Study (a copy is attached) .
2.
That letter asked the Department to act on the request pursuant to the expedited
schedule set by the Board under Section 28 .5 of the Act.
3 .
On May 1, 2006, Judge Patrick J . Londrigan issued a Preliminary Injunction
prohibiting the Board and the Agency from proceeding with this rulemaking under the authority
of Section 28
.5 or the expedited schedule set by the Board pursuant to Section 28 .5 (a copy of
which is attached).
4.
Participants believe the March 16, 2006 letter to be an action by the Board
pursuant to Section 28 .5, an action enjoined by the May 1, 2006 Preliminary Injunction .
THIS FILING IS SUBMITED ON RECYCLED PAPER
Therefore, the Board is required to submit a new request for an ECIS to the Department pursuant
to Section 27
.
WHEREFORE, for the reasons set forth above, Participants DYNEGY MIDWEST
GENERATION, INC ., KINCAID GENERATION, L .L .C ., and MIDWEST GENERATION,
L.L.C.,
request that the Board issue a revised Request for Economic Study to the Department
stating the above-captioned matter will proceed under Section 27 of the Act, not Section 28 .5 ;
and request that the letter advise the Department that it has additional time, consistent with the
current hearing schedule .
RESPECTFULLY S BMITTE
Dated : May 9, 2006
Bill S . Forcade
Katherine Rahill
JENNER & BLOCK LLP
One IBM Plaza
Chicago, IL 60611
(312) 222-9350
Fax
: 312-527-0484
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
312-258-5500
Fax : 312-258-5600
CHICAGO . 1402603 .2
r. .
of its
DYNEGY MIDWEST GENERATION, INC ., and
MIDWEST GENERATION, LLC
By:
Isl
Kathleen C. cBa$si
Kathleen C . Bassi
CERTIFICATE OF SERVICE
I, Bill S . Forcade, an attorney, hereby certify that I served a copy of the foregoing
Motion, via first-class mail, postage fully prepaid, upon the parties on the attached Service List
this 9th day of May, 2006 :
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
Bruce Nilles
Sierra Club
214 N. Henry Street, Suite 203
Madison, WI 53703
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
