RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BO~b
STATE OF
2
12004
ILLINOIS
Pollution Control 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 filed with the Office ofthe Clerk of
the Pollution Control Board
Commonwealth
Edison
Company’s Motion to Strike Pleadings
Unrelated to PCB
04-215
from the Docket,
a copy ofwhich is herewith served upon you.
~
6Byron F. Ta~lo//
Date: September 21, 2004
Byron F. Taylor
Chanté D. Spann
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 S. Dearborn
Chicago, Illinois 60603
(312) 853-7000
RECEIVED
CLERK’S OFFICE
SEP 21 2004
BEFORE THE ILLINOIS POLLUTION CONTROLffQARD
bTATE OF ILLINOIS
Pollution Control Board
Commonwealth Edison Company,
)
Petitioner
)
)
)
PCBO4-215
v.
)
Trade Secret Appeal
)
)
Illinois Environmental Protection Agency,
)
Respondent
)
)
COMMONWEALTH EDISON COMPANY’S
MOTION TO STRIKE PLEADINGS UNRELATED
TO PCB 04-215 FROM THE DOCKET
Pursuant to 35 Ill. Admin Code
§
101.500, Commonwealth Edison Company (“CornEd”)
respectfully submits this Motion to Strike Pleadings unrelated to PCB 04-215 from the docket
and hereby states as follows:
1. On January 30, 2004, CornEd submitted excerpts from a Continuing Property Record
(“CPR”) and Generating Availability Data (“GADs data”) related to six coal-fired generating
stations formerly owned by CornEd to the United States Environmental Protection Agency
(“USEPA”) in response to a Clean Air Act
§
114 Information Request (“Information Request”).
CornEd conspicuously marked the materials “confidential business information.” CornEd
submitted a courtesy copy to the Illinois Environmental Protection Agency (“IEPA”). The six
coal-fired generating stations which were the subject ofthe Information Request are currently
owned by Midwest Generation, EME, LLC (“Midwest Generation”).
2. On March 1, 2004, the IEPA requested that ComEd submit a statement of
justification describing why the excerpts from the CPR and the GADs data are trade secrets
exempt from disclosure by the IEPA. In response to that request, CornEd submitted its statement
ofjustification. Midwest Generation also submitted a statement ofjustification describing why
the excerpts from the CPR are trade secrets with competitive value to Midwest Generation.
3. In letters dated April 23, 2004, the IEPA denied, in part, and granted, in part CornEd
and Midwest Generation’s requests that the materials submitted by CornEd be given trade secret
status.
4. On June 2, 2004, CornEd filed a petition for review ofthe IEPA’s denial oftrade
secret protection to excerpts from the CPR and GADs data. CornEd’ s appeal is PCB No. 04-215.
Midwest Generation filed a petition for review ofthe IEPA’s denial oftrade secret protection to
the excerpts from the CPR on June 3, 2004. Its appeal is PCB No. 04-216. To date, these two
cases have not been consolidated.
6. The Illinois Pollution Control Board (“Board”) maintains a website at
http://www.ipcb.state.il.us, which contains electronic dockets for active and recently active cases
before the Board. On this website, one can view the dockets for PCB No. 04-215 and PCB No.
04-216 electronically.
7. In some instances, filings that pertain only to PCB No. 04-216 have been included on
the docket for PCB No. 04-215, leading to confusion and misrepresenting the activity in PCB
No. 04-215. Specifically, the following items have been improperly posted to the docket in PCB
04-215:
a. On September 14, 2004, the appearance for Keith Harley forthe Sierra Club (in PCB
02-216).
b. On August 26, 2004, a Motion for Leave to file the Sierra Club’s Reply to
Commonwealth Edison’s Response to the Sierra’s Club’s Motion for Intervention;
Reply to Midwest Generation’s Response to the Sierra Club’s Motion for
Intervention. In this instance, upon information and belief the filing was incorrectly
titled and the pleading only applies to PCB 04-216.
2
c.
On August 3, 2004, the Sierra Club’s Motion for Intervention and appearance for
Keith Harley in PCB 04-216. The Sierra Club previously filed a Motion for
Intervention and appearance for Keith Harley in PCB 04-215 on June 21, 2004.
8. Because PCB No. 04-215 and PCB 04-2 16 have not been consolidated, the posting of
documents relating only to PCB No. 04-216 in the docket for PCB No. 04-215 is improper and
confusing. For example, the filing of motions and pleadings in the wrong docket is particularly
troubling for the non-moving party because that non-moving party is forced to waste time and
resources in an attempt to discern the purpose of the pleading, and then must decide whether it
should respond at all to irrelevant, misfiled pleadings, or move to strike.
WHEREFORE, CornEd respectfully requests that the Board enter an order providing that
only documents related to PCB 04-215 be included on that appeal’s docket, electronic and
otherwise, and providing that all parties filing matters in PCB 04-215 and PCB 04-216 include
the correct captions and titles so as not to cause further confusion.
Respectfully submitted,
Commonwealth Edison Company
By:
Byr nF.Taylor
~
/
Chanté D. Spann
i-”
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 S. Dearborn
Chicago, Illinois 60603
(312) 853-7424
Attorneysfor Commonwealth Edison Company
3
CHI 3049164v1
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Notice ofFiling and
Commonwealth Edison Company’s Motion to Strike Pleadings Unrelated to PCB 04-215 from
the Docket by U.S. mail on this 21st day of September, 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
/~/
Taylor
/ (
