RECEJV~D

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

IN THE

MATTER

OF:

DEC

1

2

2003

PROPOSED SITE SPECIFIC REGULATION

)

R04-ll

STATEOF

ILLINOIS

APPLICABLE

TO

AMEREN

ENERGY

)

Pollution

Control Board

GENERATING COMPANY, ELGIN,

AIVIENDING 35

ILL.

ADM.

CODE PART

901)

NOTICE OF FILING

TO:

See Attached Service List

PLEASE TAKE NOTICE that today

I have filed with the

pollution Control Board the following Motion to Cancel Hearing

and supporting affidavit,

on behalf of the Illinois Attorney

General’s Office,

a copy of which is attached and hereby served

upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

Attorney General

State of Illinois

BY:

JOEL

J.

STERNSTEIN

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20th Floor

Chicago, Illinois

60601

(312)

814-6986

DATE: December

12,

2003

SERVICE LIST

Ms. Dorothy Gunn

Clerk of the Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph,

Suite 11-500

Chicago,

IL 60601

(312)

814-3620

Mr. John Knittle,

Esq.

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield,

Illinois

62794

(217)

278-3111

Mr.

Scott Phillips,

Esq.

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

Illinois

62794-9276

(217)

782-5544

Office of Legal Services

Illinois Department of Natural Resources

One Natural Resources Way

Springfield,

IL 62702-1271

(217)

782-6302

Ms. Marili McFawn,

Esq.

Schiff,

Hardin & Waite

6600 Sears Tower

Chicago,

Illinois 60606

(312)

258-5519

Realen Homes

Attn: Al Erickson

1628 Colonial Parkway

Inverness,

Illinois 60047

Village of Bartlett

Attn:

Bryan Mraz, Attorney

228

S.

Main St.

Bartlett,

Illinois 60103

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

REC~tVED

CLERR~SOFFICE

IN

THE

MATTER

OF:

DEC12

2003

PROPOSED

SITE

SPECIFIC

REGULATION

)

R04-ll

APPLICABLE

TO

AIVIEREN

ENERGY

)

STATE OF ILLINOIS

GENERATING

COMPANY,

ELGIN,

)

Pollution Control

Board

AMENDING

35

ILL.

ADM.

CODE PART 901)

MOTION TO CANCEL HEARING

1.

The hearing in this matter has been set for December

17,

2003 at 10:00 am.

2.

Pursuant to Section 101.510 of the Board’s Procedural

Regulations,

35

Ill. Adm. Code 101.510,

the Illinois Attorney

General’s Office requests that the Board cancel the December 17

hearing and reschedule

it at a later date in order to allow the

representatives of the Illinois Attorney General’s Office to

complete their studies of Ameren’s pre-filed testimony and sound

assessment studies and reports.

3.

Ameren has no objection to postponing the date of the

hearing.

Ameren will suffer no material prejudice if the hearing

is cancelled and rescheduled for a later date.

4.

Ameren and the Illinois Attorney General’s Office are

currently discussing the date of the rescheduled hearing.

The

dates under consideration are January 14,

19, or 20,

2004.

As

soon as the parties have agreed on a date for the rescheduled

hearing, they will inform the Hearing Officer.

---

DATE: December 12,

2003

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

Attorney General

State of Illinois

BY:

~j)

~,

JOEL J.

STERNSTEIN

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20th Floor

Chicago, Illinois

60601

(312)

814-6986

---

REC~~VED

CLERK’S

OFFICE

AFFIDAVIT

DEC

1

2

2003

I,

Joel

J.

Sternstein,

being first duly sworn on

state:

POllUtiOfl

Control Bo~jrd

1.

I

am

a

licensed

attorney

in

the

State

of

Illinois

and

am

an

Assistant

Attorney

General

in

the

Illinois

Attorney

General’s

Office.

2.

On

October

28,

2003,

Ameren

filed

its

proposed

site

specific

regulation

with

the

Board

along

with

a

Motion

for

Expedited

Consideration.

On

December

3,

2003,

Ameren

filed

pre-

filed

testimony

and

sound

assessment studies and reports with the

Board.

3.

Representatives

of

the

Illinois

Attorney

General’s

Office

have

been monitoring Ameren’s proposed site specific

regulation.

4.

The representatives of the Illinois Attorney General’s

Office have not had sufficient time to study Ameren’s December

3

submissions for the December 17 hearing and will not be able to

complete those studies by December 17.

5.

The Illinois Attorney General’s Office has not

previously filed a Motion to Cancel Hearing in this matter.

Joel

J.

Sternstein

Subscribed and sworn to before me

this

12th

day

of

December,

2003.

~

NO~ARY PUBLIC

~

~.U~.7i~)~1

---

CERTIFICATE

OF SERVICE

I, JOEL J.

STERNSTEIN, an Assistant Attorney General,

certify that on the

12th

day of December,

2003,

I caused to be

served by First Class Mail the foregoing Complainant’s Motion to

Cancel Hearing and supporting affidavit to the parties named on

the attached Service list, by depositing same in postage prepaid

envelopes with the United States Postal Service located at 100

West Randolph Street,

Chicago, Illinois 60601.

JOEL

J.

STERNSTEIN