BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Commonwealth Edison Company,
)
Petitioner
)
PCB
04-215
)
Trade Secret Appeal
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Byron F. Taylor
Illinois Pollution Control Board
Roshna Balasubramanian
100 West Randolph
Sidley Austin Brown
&
Wood LLP
Suite 1 1-500
One South
Dearborn Street
Chicago, Illinois 60601
Chicago, Illinois 60603
Brad
Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Please take notice that today we have filed with the Office of the Clerk of the
Pollution Control Board via electronic filing Respondent's Response and Memorandum
in Opposition to Petitioner's Motion for an Interlocutory Appeal of Order denying
Motions to Compel. A copy is herewith served upon the assigned Hearing Officer and
the attorneys for the Petitioner, Commonwealth Edison.
Dated: Chicago, Illinois
June 22,2007
LISA
MADIGAN, Attorney General of the
State of Illinois
MATTHEW
DUNN, Chief, Environmental Enforcement1
Asbestos Litigation Division
BY:
A>-.&.
~d&
Paula Becker Wheeler, Assistant Attorney General
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
312-814-151
1
Electronic Filing, Received, Clerk's Office, June 22, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Commonwealth Edison Company,
)
Petitioner,
)
PCB 04-215
)
Trade Secret Appeal
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent.
)
RESPONSE AND MEMORANDUM IN OPPOSITION TO PETITIONER'S
MOTION FOR INTERLOCUTORY APPEAL OF ORDER DENYING MOTIONS
TO COMPEL DISCOVERY
Respondent Illinois Environmental Protection Agency ("IEPA" or the "Agency")
submits this Response and Memorandum in Opposition to Petitioner Commonwealth
Edison Company's
("ComEd") Motion for Interlocutory Appeal of Order Denying
Motions to Compel Discovery. ComEd's Motion, filed May
31, 2007, is to appeal the
Corrected Hearing Officer's Order denying ComEd's Motion and Amended Motion to
Compel the IEPA's response to several of ComEd's Initial Interrogatories and Request
for the Production of Documents.
The Hearing Officer's Corrected Order, entered April 26,2007, denying ComEd's
Motions to Compel should be affirmed and upheld.
In its present Motion,
ComEd
mischaracterizes the IEPA's position by focusing on the Agency's argument that the
disputed discovery is overbroad, vague, and burdensome. While admittedly this was one
of the important arguments asserted by the IEPA, the key issue the Agency has cited from
the beginning is the
lack of relevance
of the requested information in a trade secret
hearing when said hearing is to be held exclusively on the administrative record. The
Hearing Officer reiterated the IEPA's argument in denying ComEd's Motions to Compel,
1
Electronic Filing, Received, Clerk's Office, June 22, 2007
stating that based upon the Board's procedural rules, the voluminous historical
information sought is irrelevant and thus, inadmissible.
In support of this Motion, Respondent hereby incorporates as if fully stated herein
the Response and Memorandum in Opposition to Petitioner's Motion for Interlocutory
Appeal of Order denying Motions to Compel Discovery filed June 14, 2007 by the
Illinois Environmental Protection Agency in the related trade secret appeal PCB Case No.
04-2 16.
For the foregoing reasons, Respondent respectfully requests that Petitioner's
Motion for Interlocutory Appeal of Order Denying Motions to Compel Discovery be
denied.
Dated: Chicago, Illinois
June 22,2007
Respectfully submitted,
LISA
MADIGAN, Attorney General of the
State of Illinois
MATTHEW
DUNN, Chief, Environmental
Enforcement1
Asbestos Litigation Division
By:
&&b
@&
Paula Becker Wheeler,
Assistant Attorney General
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
312-814-1511
3 12-8 14-2347 (fax)
2
Electronic Filing, Received, Clerk's Office, June 22, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Commonwealth Edison Company,
)
Petitioner
)
PCB
04-215
)
Trade Secret Appeal
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent
)
CERTIFICATE OF SERVICE
I hereby certify that I did on the 22nd day of June, 2007 send by United States
mail a copy of Respondent's Response to Petitioner's Motion for an Interlocutory
Appeal, to:
Byron
F. Taylor
Roshna Balasubramanian
Sidley Austin Brown
&
Wood LLP
One South
Dearborn Street
Chicago, Illinois 60603
Dated: Chicago, Illinois
June 22,2007
LISA
MADIGAN, Attorney General of the
State of Illinois
MATTHEW
DUNN, Chief, Environmental Enforcement1
Asbestos Litigation Division
BY:
$auL 6
Wll~cecc-
Paula Becker Wheeler, Assistant Attorney General
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
312-814-151
1
3 12-8 14-2347 (fax)
Electronic Filing, Received, Clerk's Office, June 22, 2007