ILLINOIS POLLUTION CONTROL BOARDD
    March 14,
    1991
    COMMONWEALTH EDISON COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 91—29
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On February
    7,
    1991, Commonwealth Edison filed a petition
    requesting variance from the temperature requirements of
    35
    Ill.
    Adm. Code 302.211(d).
    On February
    22, 1991,
    the Sierra Club
    filed an objection
    to Commonwealth Edison’s petition and a
    petition
    to intervene.
    On February 27, 1991,
    the Izaak Walton
    League of America also filed an objection in this matter.
    Pursuant
    to 35
    Ill. Adm. Code 104.141
    (a), any person may
    file a written objection
    to a variance petition within 21 days
    after
    the filing of the petition.
    Section 104.121(a) also allows
    for such objections
    to be accompanied by a petition to intervene
    in accordance with the intervention rules contained
    in 35
    Ill.
    Adm. Code 103.
    Because
    the Sierra Clubts petition for
    intervention satisfies the criteria set forth in Section 103.142,
    the Board will allow the Sierra Club to intervene and will set
    this matter for hearing.
    We also wish to note that the Sierra Club states,
    in its
    petition to intervene, that Commonwealth Edison’s variance
    petition should be dismissed.
    We construe such statement and the
    material
    in support of such statement
    as a motion to dismiss.
    Accordingly, pursuant
    to
    35
    Ill. Adm. Code 101.241(b),
    Commonwealth Edison has seven days from the date of service of
    the Sierra Club’s petiton to intervene,
    to respond to the motion
    to dismiss
    if it so chooses.
    The Hearing Officer shall give notice of the hearing
    in
    accordance with 35
    Ill. Adm. Code 103.123(b), at least
    21 days
    before the hearing
    to the petitioner,
    the Agency,
    and anyone who
    has filed an objection to the petition.
    Hearing must
    be scheduled within
    14 days of the date of this
    Order and completed within 60 days of the date of this Order.
    120—79

    —2—
    The hearing officer shall
    inform the Clerk of the Board of the
    time and location of the hearing at least 4~Ydays 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 f~ilingsas
    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
    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.
    Any waiver shall extend the time
    deadline of Section 104.180 regarding filing
    the Agency
    recommendation by the equivalent number of days,
    but
    in any
    circumstance the recommendation must be filed at least
    20 days
    before the hearing.
    Because of requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be cancelled 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.
    120—80

    —3—
    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.
    IT IS
    SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    h reby certify that the above Order was adopted on
    the _______day of
    ~‘~t.t-t~j
    ,
    1991, by a vote of
    ________
    Dorothy M. ~opn, Clerk
    Illinois PoUution Control Board
    120—81

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