CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
AU~
OF
052004
ILLINOIS
Poflut~onControl Board
Commonwealth Edison Company
)
Petitioner,
)
)
)
PCB No. 04-215
v.
)
(Trade Secret Appeal)
)
Illinois Environmental Protection Agency, )
Respondent
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Ann Alexander
Illinois Pollution Control Board
Assistant Attorney General and
100 West Randolph
Environmental Counsel
Suite 11-500
188 West Randolph Street
Chicago, Illinois 60601
Suite 2000
Chicago, II. 60601
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that we have today tiled with the Office ofthe Clerk of
the Pollution Control Board
Commonwealth Edison Company’s Reply to the IEPA’s
Response to the Board’s June
17
Order Concerning Consolidation,
a copy of~hi~his
herewith served upon you.
/
/
byron F. Taylof
Date: August
5,
2004
/
Byron F. Taylor
Chanté D. Spann
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 S. Dearborn
Chicago, Illinois 60603
(312) 853-7000
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 05 2004
Commonwealth Edison Company
)
STATE O~FILL1NOIS
PoIluL~on~ontrol
Board
Petitioner
)
)
)
PCBO4-215
v.
)
Trade Secret Appeal
)
)
Illinois Environmental Protection Agency,
)
Respondent
)
)
COMMONWEALTH EDISON COMPANY’S
REPLY TO THE IEPA’S RESPONSE TO THE BOARD’S
JUNE 17 ORDER CONCERNING CONSOLIDATION
Pursuant to the June 17, 2004 order entered by the Illinois Pollution Control Board
(“Board”) in the above-referenced proceeding, Commonwealth Edison Company (“CornEd”)
hereby respectfully submits its Reply to the IEPA’s Response to the Board’s June 17 Order
Concerning Consolidation and hereby states as follows:
1.
On July 26, 2004, CornEd tiled its Opposition to Consolidation and incorporated
by reference “Midwest Generation EMIE, LLC’s Opposition to Consolidation,” which was filed
in PCB No. 04-216, for the reasons stated therein.
2.
On July 26, 2004, the IEPA filed its Response to the Board’s June 17 Order
Concerning Consolidation. The IEPA asserted that PCB 04-215 and PCB 04-216 concern the
same set ofdocuments and that the administrative record ofthe appeals are close to identical.
IEPA Response to the Board’s June 17 Order Concerning Consolidation, Par. 1. For these
reasons, the IEPA argued that consolidation ofthese two cases would be convenient, expeditious,
and lead to a complete determination ofclaims. The IEPA did not include any additional
information to support this claim. The IEPA also argued that material prejudice would not result
and that the burdens of proofin the two appeals does not vary. IEPA Response to the Board’s
June 17 Order Concerning Consolidation, Par. 2. However, the IEPA provided no support for
such assertions.
3.
The IEPA is incorrect in its assertion that the two appeals concern the same set of
documents. PCB 04-215 concerns excerpts from the CPR and GADs data. PCB 04-216 only
concerns excerpts from the CPR. While both cases concern excerpts from the CPR, the interests
in that information differ between CornEd, as former owner ofthe coal-fired generating stations,
and Midwest Generation, as the current owner ofthe coal-fired generating stations. Each
company maintains its own set of corporate policies and procedures protecting the information,
and the information has competitive value to the companies for different reasons.
4.
Accordingly, consolidation ofthese two appeals could result in a proceeding that
is inconvenient and confusing. Further, consolidation will not alleviate the time, resources or
expenses incurred by any party or the Board.
WHEREFORE, Commonwealth Edison Company respectfully requests that the
Board maintain PCB 04-215 and PCB 04-216 as separate and independent proceedings.
Respectfully submitted,
Commonwealth Edison Company
By:
~
Byr F. Taylor
,)
Chanté D. Spann
LI
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 5. Dearborn
Chicago, Illinois 60603
(312) 853-7424
Attorneysfor COmmonwealth Edison Company
2
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Notice of Filing and
Commonwealth Edison Company’s Reply to the IEPA’s Response to the Board’s June 17 Order
Concerning Consolidation by U.S. mail on this 5th day of August, 2004 upon the following
persons:
Ann Alexander
Assistant Attorney General and
Environmental Counsel
188 West Randolph Street
Suite 2000
Chicago, Il. 60601
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Il. 60601
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
~ron F. Taylor
) (
/
