ILLINOIS POLLUTION CONTROL BOARD

June 4, 1992

U.S.

DEPARTMENT OF ENERGY

AND

)

THE

UNIVERSITY OF CHICAGO,

)

)

Petitioners,

)

V.

)

PCB 92—79

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

DISSENTING OPINION

(by 3. Anderson and

J.

Theodore Meyer):

The Board majority in this go-to-hearing order raised the

question of “whether this matter may be appropriate for summary

disposition....

“

We believe that it is unwise for the Board to

initiate such a question,

in that

it

almost inevitably suggests

that we are “sending a signal” that this is what we want the

parties to do; in essense we appear to be practicing law for

them.

That this query may have been made in the interests of

administrative con’~renience

(i.

e., saving hearing money),

is not

sufficient reason, we believe, to have raised the question.

Indeed, does not it tend to aggravate the “sending a signal”

problem?

It.is for this reason that we respectfully dissent.

th~’

/2~

~i

i/~4~~

~

~an

G. Anderson, Board Member

-

7~e-~

~

J.~heodoreMeyer,

Board Me~~

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above di

nting opinion was

submitted on the

//~

day of

________________,

1992.

Dorothy N4Gunn, Clerk

Illinois P6llution Control Board

134—95