RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JUL 232004
)
STATE OF ILLINOIS
Pollution Control Board
Midwest Generation EME, LLC
)
Petitioner,
)
PCB 04-216
)
Trade Secret Appeal
v.
)
)
)
Illinois Environmental Protection Agency,
)
Respondent.
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Lisa Madigan, Attorney General ofthe State ofIllinois
Matthew Dunn, Environmental Enforcement/Asbestos Litigation Division
Ann Alexander, Assistant Attorney General and Environmental Counsel
Paula Becker Wheeler, Assistant Attorney General
188 West Randolph Street, .Suite 2000
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
Control Board one original and nine copies of Midwest Generation EME, LLC’s Opposition to
Sierra Club’s Motion for Leave to File Sierra Club’s Reply to Commonwealth Edison’s
Response to Sierra Club’s Motion for Intervention and my Appearance, copies of which are
herewith served upon you.
Andrew N. Sawula
Dated: July 23, 2004
SchiffHardin LLP
6600 Sears Tower
Chicago, IL 60606
(312) 258-5577
CH2\ 1129766.1
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 232004
)
STATE OF ILLINOIS
)
Pollution Control Board
Midwest Generation EME, LLC
)
Petitioner,
)
PCB 04-216
)
Trade Secret Appeal
v.
)
)
)
Illinois Environmental Protection Agency,
)
Respondent.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of Midwest Generation EME,
LLC.
Andrew N. Sawula
DATED: July 23, 2004
SchiffHardin LLP
6600 Sears Tower
Chicago, IL 60606
(312)
258-5577
CH2\ I 129761.1
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARI~UL
232004
Midwest Generation EME, LLC,
Pollution
STAJE OF
Control
ILLINOIS
Board
Petitioner
Case No.
PCB 04-216
V.
Illinois Environmental Protection Agency,
Respondent.
OPPOSITION TO SIERRA CLUB’S MOTION FOR LEAVE TO FILE SIERRA CLUB’S
REPLY TO COMMONWEALTH EDISON’S RESPONSE TO SIERRA CLUB’S
MOTION FOR INTERVENTION
Pursuant to 35 Ill. Adm. Code 10 1.500, Midwest Generation EME, LLC (“Midwest
Generation”) respectfully submits this Opposition to Sierra Club’s Motion for Leave to File
Sierra Club’s Reply to Commonwealth Edison’s Response to Sierra Club’s Motion for
Intervention.
1.
On July 20, 2004, Sierra Club filed a “Motion for Leave to File Sierra Club’s
Reply to Commonwealth Edison’s Response to Sierra Club’s Motion for Intervention.” Midwest
Generation received this Motion on July 22, 2004.
2.
Sierra Club asserts, in paragraph 1, “On June 21, 2004, Sierra Club filed a Motion
for Intervention” in PCB 04-216. Midwest Generation was not served with such a motion and
has no knowledge that Sierra Club ever filed such a motion. No such motion is referenced on the
Illinois Pollution Control Board’s (the “Board’s”) website and, according to the Assistant Clerk
of the Board, no such motion was filed in PCB 04-216.
3.
Sierra Club asserts, in paragraph 2, “On July 7, 2004, Commonwealth Edison
filed its Response to Sierra Club’s Motion for Intervention.” Midwest Generation was not
served with such a response and has no knowledge that Commonwealth Edison ever filed such a
response. No such response is referenced on the Board’s website and, according to the Assistant
Clerk ofthe Board, no such motion was filed in PCB 04-216.
4.
Upon information and belief, neither Keith Harley, who identifies himself as an
attorney for Sierra Club, nor any other attorney for Sierra Club, has filed an appearance in PCB
04-216, as required by 35 Ill. Adm. Code 10l.400(a)(4).
5.
Since, upon information and belief, Sierra Club never filed a Motion for
Intervention in PCB 04-2 16 and Commonwealth Edison did not file a Response to the
nonexistent Motion for Intervention, Sierra Club’s “Motion for Leave to File Sierra Club’s Reply
to Commonwealth Edison’s Response to Sierra Club’s Motion for Intervention” is premature.
Sierra Club simply does not have anything to which to reply.
6.
Based upon a review of the record, Midwest Generation understands that Sierra
Club filed a Motion for Intervention in a different matter, PCB 04-215, on June 21, 2004, and
that Commonwealth Edison responded to that motion on July 7, 2004. Neither of these motions,
however, were filed in PCB 04-216, and Midwest Generation is not a party to PCB 04-215.
Midwest Generation, consequently, has had no opportunity to respond to Sierra Club’s apparent
desire to intervene in this case.
-2-
WHEREFORE, Midwest Generation respectfully requests that the Illinois Pollution
Control Board enter its order denying Sierra Club’s “Motion for Leave to File Sierra Club’s
Reply to Commonwealth Edison’s Response to Sierra Club’s Motion for Intervention.”
Dated: Chicago, Illinois
July 23, 2004
Respectfully submitted,
MIDWEST GENERATION EME, LLC
By:__________________________
Sheldon A. Zabel
Mary A. Mullin
AndrewN. Sawula
SCHIFF HARDIN LLP
6600 Sears Tower
Chicago, Illinois 60606
(312) 258-5540
Attorneys for
Midwest Generation EME, LLC
CH2\ I ~2948O.I
-3-
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Appearance and Opposition to
Sierra Club’s Motion for Leave to File Sierra Club’s Reply to Commonwealth Edison’s
Response to Sierra Club’s Motion for Intervention, by U.S. Mail, upon the following persons:
Dorothy Gunn, Clerk
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Lisa Madigan, Attorney General ofthe State ofIllinois
Matthew Dunn, Environmental Enforcement/Asbestos Litigation Division
Ann Alexander, Assistant Attorney General and Environmental Counsel
Paula Becker Wheeler, Assistant Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
with courtesy copies to:
Keith Harley
Annie Pike
Chicago Legal Clinic, Inc.
205 W. Monroe, 4th Floor
Chicago, Illinois 60606
Dated: Chicago, Illinois
July 23, 2004
Respectfully submitted,
MIDWEST GENERATION EME, LLC
By:
Andrew N. Sa~ula
SCHIFF HARDIN LLP
6600 Sears Tower
Chicago, Illinois 60606
(312) 258-5540
One ofthe Attorneys for
Midwest Generation EME, LLC
CH2\ 1129777.1
