ILLINOIS POLLUTION
    CONTROL BOARD
    December
    6,
    1983
    PEOPLE
    OF THE
    STATE
    OF ILLINOIS
    )
    v.
    )
    PCB 83—221
    COMMONWEALTH EDISON COMPANY
    (Certification No. 2IRA—ILL—WPC—82—33)
    Proposal
    to Revoke Tax
    Certification,
    ORDER OF THE BOARD
    (by J,D,
    Durnelle):
    Recently enacted Public Act
    (P.A.)
    83—0883, which
    became
    effective on September
    9,
    1983,
    amends the definition oF
    “Pollution Control Facility”
    as contained in Section 21a—2 of
    the Illinois Revenue
    Act.
    of 1939
    (Iii.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    “For purposes of assessments made after January
    1.
    1983.
    ~
    a)
    any syst.em, method,
    construction
    device_or appliance
    appurtenant
    thereto, designed, constructed,
    installed or
    operated
    ford
    im~y_
    purpose of
    (i) eliminatin2L
    containing,_preventi~r
    reducing radioactive contami-
    nants or energy, or(ii) treat~_wastew~jr~duced
    ~y~fl~nuclear
    generation of electric power; b)an~
    large diamet
    ~~s~~ing
    ~y~tems
    used t9_~~
    and disperse heat from water involved
    in
    the nuclear
    generation of electric power;
    or
    c) ~y
    eguipmen~
    construction~~4~
    or appliance appurtenant thereto,
    operated by any person other than
    a unit of governnent,
    whether within or outside of the territorial boundaries
    of a unit of
    local
    government, for_se~~
    disposal
    or
    treatment.
    The
    Pa
    IlutionControlBoardsha 11
    revoke a~y_pri.or
    certification in conflict with this amendatory act of
    1983 before January 1~1984.”
    Pursuant
    to this statutory directive, the Board has
    reviewed
    Pollution Control Facility Certifications and Applications for
    55-189
    —2—
    Certification which were referred to the Board by the Illinois
    Environmental Protection Agency for decertification under this
    language.
    On the basis of this information, the Board finds
    that the facility which
    is the subject of this certification
    falls within subparagraph
    (a)(i) and/or
    (h)
    of paragraph 502a—2
    of the Illinois Revenue Act of
    1939,
    as amended.
    (The
    information on which this belief
    is based
    is attached
    to this
    Order.)
    OPPORTUNITY_FOR
    FIBARING
    The Board will provide an opportunity for a hearing for
    any party to present contrary facts on this matter on December
    ~
    1983 at 9:00a.m. at
    the Pollution
    Control Board Office,
    Suite0
    309 W. Washington Street,
    Chicago,
    Illinois.
    However,
    a hearing
    will be scheduled
    in
    this matter only
    if,
    1) the Board
    receives a request for hearing,
    and 2)
    a short statement of the
    facts
    to be presented at hearing
    is
    filed, with the Clerk of the
    Board
    by
    no
    later than 12~00noon
    on December
    19,1983.
    Such
    statement
    of
    facts
    shall
    also
    be
    served
    on
    the
    Attorney
    General
    by
    no
    later
    than
    12:00
    noon_on_December19,_1983.
    Requests
    for
    hearing
    should
    be
    directed
    to
    Mr.
    Lee
    Cunningham
    at
    312/793—6923,
    At
    such
    hearing
    oral
    argument
    will
    he
    limited
    to
    15
    minutes
    for
    each
    party.
    Accompanying
    written submissions
    shall
    he
    limited
    to
    15
    pages.
    The
    Board
    will
    hear
    cases
    in
    the
    order
    that
    it
    receives
    requests
    for
    hearing.
    This
    hearing
    will
    he
    conducted
    pursuant
    to
    the
    contested
    case
    provisions
    of
    the
    Illinois Administrative Procedure Act
    (Ill.
    Rev.
    Stat.
    Ch.
    127,
    par,
    1010—1018.)
    WRITTEN SUBMISSIONS
    IN LIEU OF HEARING
    If no facts
    are contested,
    legal argument on this proposed
    revocation
    may
    be
    submitted
    in
    written
    form
    rather
    than
    at
    hearing.
    Legal briefs on this matter must be filed with the
    Clerk
    of
    the
    Board
    at
    Suite
    300,
    309
    W.
    Washington
    Street,
    Chicago,
    Illinois
    60606,
    and
    served
    on
    the
    Attorney
    General,
    no
    later
    than 5:00 p.m.on
    December 20,
    1983.
    Responsive
    legal
    briefs may be filed no later than 12:00 noon on
    December~~j~3.
    All briefs shall
    be limited to no more than
    15 pages.
    FINAL ORDER
    The
    Board
    proposes
    to
    adopt
    a Final Order which may revoke
    this
    Certification
    on
    or
    before
    December
    28,
    1983,
    Due
    to
    the
    impending statutory deadline for revocation of affected certi-
    fications,
    no motions
    for reconsideration or stay of the Final
    Order
    in
    this matter will
    he heard by the Board.
    As provided
    in
    paragraph
    502a—7
    of
    the
    Illinois
    Revenue
    Act
    of
    1939,
    as
    amended,
    appeal
    of
    the
    Board’s
    Final
    Order
    may
    be
    made
    to
    the
    55-190
    —3—
    Circuit
    Court
    pursuant
    to
    the
    Administrative
    Review
    Act
    (Ill.
    Rev.
    Stat.
    Ch.
    110,
    pars.
    264
    et
    seq.)
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    hoard,
    hereby
    cert,~fy
    that
    the
    above
    Order
    was
    adopted
    on
    the
    ~
    _____day
    of
    ~
    1983
    by
    a
    vote
    of
    ‘~-
    ~
    ____
    Christan
    L.
    Mof~~)
    CLerk
    55- 191

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