ILLINOIS POLLUTION CONTROL BOARD
    March 28, 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,
    Corrurnonwealth Edison Company
    (“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 Edison’s variance
    petition as well as a petition to intervene.
    In its petition to
    intervene, the Sierra Club stated that Edison’s petition should
    be dismissed because it did not comply with many of the
    requirements of 35
    Ill. Adm.
    Code 104.121.
    On March 14,
    1991,
    the Board issued an Order in which it stated that it construed
    the language in the petition to intervene as a motion to dismiss
    and that Edison would have seven days from the date of service of
    the Sierra Club’s petition to respond to the motion to dismiss,
    if it so desired.
    On March 26,
    1991, Edison filed its response
    and a motion for leave to file the response instanter.
    In its motion for leave, Edison asserts that it could not
    file its response to the motion to dismiss within seven days
    of
    the date of service of the petition to intervene because the
    petition to intervene was served on Edison approximately three
    weeks prior to the Board’s March 14,
    1991 order.
    In light of
    this
    fact,
    we hereby grant Edison’s motion for leave to file its
    response instanter.
    After reviewing both the motion to dismiss and Edison’s
    response thereto, the Board finds the petition adequate.
    Several
    issues of fact and law are raised in both documents and special
    circumstances exist which justify Edison’s departure from the
    requirements of
    35 Ill.
    Adm.
    Code 104.121.
    (See The Village of
    Sauget
    v.
    IEPA,
    PCB 89—86,
    100 PCB 269
    (June 22,
    1989)
    and
    Village
    of Lemont v.
    IEPA et al., PCB 86—207,
    77 PCB 51,
    55
    (April
    1,
    1987)).
    Accordingly, the Sierra Club’s motion to
    dismiss
    is denied.
    IT IS SO ORDERED.
    120—299
    2
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certifies that the above Order was adopted on the
    ~
    day of
    ____________________,
    1991, by a vote of
    7-0
    .
    Dorothy M.
    p,~1nn, Cle’rk
    Illinois P~lution Control Board
    120—300

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