1LT~I

0~

POLIUflON

CONTROL

BOARD

January

24,

1985

TECUMSER

MANAGEMENT

Co

Peti

~

V.

ILLINOIS

ENVIRONMFNTPC

PROTECTION

AGENCY

AND

COAL

COMPANY,

INC.

Respon

ORDER

OF

THE

BOARD

(b

D.

Dumelle):

PCB

84—170

On

December

20

the

Board

entered

a

temporary

“conditional

non-discl

e

order”

with

regard

to

a

docunent

described

as

a

“Pro

Fa

Balance

Sheet.”

Finding

that

the

Application

for

Non-Di

3sare

relating

to

this

document

failed

to

conform

to

35

Ill.

.

Code

101.107(c)(3)

and

failed

to

pro-

vide

the

Board

with

Me

ot°

ir formation

to

make

an

informed

decision

on

the

question

of

confidentiality,

the

Board

allowed

the

Agency

and

the

Petitioner

until

January

7,

1985

to

submit

supporting

material

‘aeeting

the

requirements

of

35

III

Mm.

Code

101. 107(c)(3).

On

January

4

198..

filed

a

Motion

in

Si

po

prwiding

additimal

)

that

“the

information

to

the

bissness

opeL’

Management

Company

i.

destroy

the

abi

it

with

and

secure

cont

produced

by

Tecum

e

that

to

its

krotJe

informatix.

on

t

Tecumseh

Manager en

-

Management

Co

pa

y

Harrisbarg,

Illi

ai..

(sic

or

emp

oyees

State

of

I

lino

~

()

Tecumseh

does

not

state

ho

J

limited

for

disclosure

vs

r

the

work

product

of

Tec.ur se

October

1,

1984

Therefore

as

compiled

in

this

do

sent

than

fair

months.

ec

s~h

ana

ement

Ccmpary

(Tecunseh)

I

ppsication

for

Non-Disclosure

t.

g

information.

Tecumse’

states

e

Pro

Forma

Balance

Sheet

s

critical

and

varying

(sic

existence

of

Tecumseh

tiosure

of

said

information

will

r

Ii

Management

Company

to

negotiate

‘c.

s

for

the

coal

and

related

products

or

pany.”

!‘ecumseh

-

rtber

states

persors

who

are

fami

.

with

‘tance

Steet

are

“tie

1’

e

ors

t

e

CPA’ s

and

attorneys

for

nt

of

the

HarrisWrg

I ational

n

persons,

age’its

b

at

meirbers

I

orirental

Protection

~

a

‘~‘

of

tie

iot

in

Support,

p.

2

)

Aithoagh

ctg

the

information

has

been

e

that

the

document

ir

question

is

attorneys

and

CPA’s

and

is

dated

e

can

infer

that

the

information

bas

been

in

existence

for

more

x

I

)

62-437

---

On the basis of the information provided in the Motion

in

Support

of Application

for Non~Disclosure,which shall

be deemed

an

addendum

to the Application

for Non-Disclosure,

the Board

finds

that

the document entitled “Pro Forma

Balance

Sheet”

represents

data

having competitive bisiness

value

and,

further, that

dis-

closure of

this data has been limited to persons designated

by

the

owner

of the data~ We,

therefore,

find that this document

represents

confidential data within the

meaning

of Section

7

of

the

Environmental Protection Act

(IlL

Rev.

Stat,

1983,

ch,

111½,

par.

1007)

and 35 IlL

Adm,

Code

101.107.

The

Clerk of

Board is

hereby

ordered

to mark the

face

of

the document en

~led“Pro

Forma

Balance

Sheet”

with the

words

“Not

Subject to Di: Lsure” and

to

protect

this

document

from

disclosure to pers:~ other than

officers,

employees

or

authorized

representatives

of ~is

State

or

of

the

United

States

concerned

with

or

for

the

pur~se

of

carrying

out

the

Act

or

Federal

environ-

mental

statutes

or

~:t~gulations.

IT

IS

SO

ORDERED.

I, Dorothy M. Gunn,

Clerk of

the

Illinois

Pollution

Control

Board,

hereby

c rtify that the

above

Order

was

ad~pted

on

the

~L4day

of~±~i~,

1985

by

a

vote of

~

—o

Dorothy M. ~(inn,Clerk

Illinois

Pollution Control

Board