ILLINOIS POLLUTION CONTROL BOARD
January 9, 1992
COMMONWEALTH
EDISON
COMPANY,
)
)
Petitioner,
v.
)
PCB 91—257
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER
OF
THE
BOARD
(by
B.
Forcade):
On
December
23,
1991,
Commonwealth
Edison Company filed a
petition
for
permit
review
of
an
NPDES
permit,
for
its
facility
located
at
22710
206
Avenue
North
in
Cordova,
Rock
Island
County,
Illinois.
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 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.
The hearing officer may extend this schedule only on a
waiver of the decision deadline by the petitioner and only for
2
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
120 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
making
a
decision,
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
requirements
of
this
Order,
and
to
adhere
to
that
Order
until
modified.
This
Order
will
not
appear
in
the
Board’s
Opinion
Volumes.
IT
IS
SO
ORDERED
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Boar~,
hereby
c
ify
that
the
above
Order
was
adopted
on
~he
~~-‘
day
of
__________________,
1992,
by
a
vote
of
~
V
Control
Board