ILLINOIS POLLUTION CONTROL BOARD

December

6,

1983

PEOPLE

OF

THE STATE OF ILLINOIS

PCB 83—214

COMMONWEALTH EDISON COMPANY

)

(Certification No.

21RA—ILL—WPC-79—18)

Proposal to Revoke Tax Certification

ORDER OF

THE

BOARD

(by J,D,

Dumelle):

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,

r~ar.

502a—2)

in

the following manner:

“For

p~ppses

of

assessments

made after_Janua~1~J~3,

“pollution control facilities”

shall not include,

however,

a)

a~~stem

~

device

or_~~

~~rtenant

thereto,

designed, constructed, installed

or

2p~ated_for

the

primary~_purpose

of

(i) elirninat~~

~

preventing or reducing radioactive contami~

nants or energy,

or (ii)treating~wastewater produced

~y_~uclea~_g~neration

of electric power;

h) any

~

diameter pipes

or piping systems used to remove

and disperse heat from water involved

in the nuclear

~eration

of electriç~power;or c) a~a~me~~

construction~

device or appliance appurtenant thereto,

ç~perate~j~y_any

person other than a unit o~q~y~çrnment

~iTi~E1~èr

within or outside of

the

territorraui~a~T~t

of a unit of

local_government,

for sewage disposal or

treatment

The

Pollution_Control

Board shall

revoke any prior

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 ~pplications

for

55~161

---

—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)(ii)

of paragraph 502a—2 of the

Illinois Revenue

Act

of

1939,

as amended.

(The

information

on

which this belief

is based

OPPORTUNITY_FOR HEARING

The Board will

provide an opportunity for a

hearing for

any party

to present

contrary

facts

on

this matter

on

December

2q1190.m.atth

e Pollution Control

Board

Off

ice,

Suite

300,

309 W. Washin~ton

Street, Chic~Jllipois.

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 he presented

at hearing

is filed with the Clerk of the

Board by no later

than_12:00

noon

on

December

1~i983.

Such

statement of facts

shall also be

served on the Attorney General

by no later than_12:00 noon

on

December_19,1983.

Requests

for heaf

~ffoulcl

b~~trecE~’toMr. Lee Curn~T~ghamat

312/793~6923.

At

such

hearing oral argument will be limited

to 15 minutes

for each

party.

Accompanying written submissions

shall be limited

to 15 pages.

The Board will hear cases

in the

order

that it

receives

requests

for

hearing.

This

hearing

will

be

conducted

pursuant

to the contested case provisions of the

Illinois Administrative

Procedure

Act

(Ill.

Rev.

Stat.

Ch,

127,

par~ i010~1018,)

WRITTEN

SUBMISSIONS

IN LIEU OF HEARING

If no facts are

contested,

legal argument on this proposed

revocation may he 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

5:0~.m.on December

20,

1983.

Responsive

legal

briefs may be filed

no

later

than 12:00 noon ~

All briefs shall he

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

be

heard by the Board.

As provided

in paragraph 502a—7

of the Illinois Revenue Act of 19~9,as

amended, appeal

of

the Board’s Final Order may be made to the

---

—3—

Circuit Court pursuant

to the Administrative Review Act

(Til.

Rev. Stat.

Ch.

110,

pars.

IT IS SO ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Bo~rd, hereby

cert~fy

that

the

above

Order

was

adopted

on

the

~

__day

~

,

1983

by

a

vote

of~__L.~__~__

___

Christan

L.

Moffe~fr~lerk

rr~