ILLINOIS POLLUTION CONTROL BOARD
    September 25, 1986
    CENTRAL ILLINOIS PUBLIC SERVICE CO.,
    (Meredosia Unit
    3)
    Petitioner,
    )
    v.
    )
    PCB 86—147
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer):
    On September 12,
    1986, Central Illinois Public Service Co.
    filed
    a Petition for Review.
    This matter is accepted for
    hearing.
    Hearing must be scheduled within
    14 days of the date
    of this
    Order
    and completed within 60 days of the date of this Order.
    The hearing officer shall
    inform the Clerk of the Board of the
    time and location of the hearing
    as expeditiously as possible but
    at
    least
    40 days
    in advance
    of hearing
    so that public notice of
    hearing may be published.
    After hearing,
    the hearing officer
    shall submit an exhibit list, and all actual exhibits
    to the
    Board within
    5 days of the hearing.
    Any briefing schedule shall
    provide for
    final filings as expeditiously as possible and
    in no
    event
    later
    than 70 days from the date of this Order.
    If after appropriate consultation with the parties,
    the
    parties fail
    to provide an acceptable hearing date or
    if after
    an
    attempt the hearing officer
    is unable to consult with.the
    parties,
    the hearing officer shall
    unilaterally set a hearing
    date
    in conformance with the schedule above.
    This schedule will
    only provide
    the Board
    a very short time period
    to deliberate and
    reach a decision before the due date.
    The hearing officer and
    the parties are encouraged
    to expedite this proceeding as much as
    possible.
    Within
    10 days of accepting this case, the Hearing Officer
    shall enter
    a Hearing Officer
    Scheduling Order governing
    completion of the record.
    That Order
    shall
    set
    a date certain
    for each aspect of the case including:
    briefing schedule,
    hearing date(s), completion of discovery (if necessary)
    and pre—
    hearing conference
    (if necessary).
    The Hearing Officer
    Scheduling Order may be modified by entry of
    a complete new
    scheduling order conforming with the time requirements below.
    72.408
    —2—
    The hearing officer may extend
    this schedule only on
    a
    waiver of the decision deadline by the petitioner and only
    for
    the equivalent or fewer
    number of days that the decision deadline
    is waived.
    Such waivers must be provided
    in writing
    to the Clerk
    of the Board.
    Any waiver must be an “open waiver”
    or
    a waiver of
    decision until
    a date certain.
    Because of requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be canceled unless the
    petitioner
    provides an open waiver or
    a waiver
    to
    a date at least
    75 days beyond the date of the motion
    to cancel hearing.
    This
    should allow ample time for the Board
    to
    republish notice of
    hearing and receive transcripts from the hearing before the due
    date.
    Any order by the hearing officer granting cancellation of
    hearing shall
    include a complete new scheduling
    order with
    a new
    hearing date
    at least
    40 days
    in
    the future and at least
    30 days
    prior
    to the new due date and the Clerk of the Board shall be
    promptly informed of the new schedule.
    Because this proceeding
    is the
    type for which
    the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for decisioninaking,
    absent
    a waiver,
    the Board will grant
    extensions or modifications only in unusual circumstances.
    Any
    such motion must set forth
    an alternative schedule
    for notice,
    hearing, and final submissions,
    as well as
    the deadline for
    decision, including response time
    to such
    a motion.
    However,
    no
    such motion shall negate
    the obligation of the hearing officer
    to
    establish a scheduling Order pursuant to the
    fourth paragraph of
    this Order, and
    to adhere
    to that Order
    until modified.
    IT
    IS SO ORDERED.
    Chairman J.
    ID. Dumelle concurred.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    hat the above Order was adopted on
    the
    ‘~5~
    day of
    _____________,
    1986, by a vote of
    ________
    ~.
    Dorothy M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    72-409

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