ELECTRONIC FILING,

RECEIVED,

CLERKS

OFFICE, DECEMBER

2005

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

TIlE

STATE OF ILLINOIS

DYNEGY MIDWEST

GENERATION, INC.

(HENNEPIN POWER STATION),

)

Petitioner,

)

it.

)

PCB 2006-72

(CAMP Permit Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

To:

DorothyGunn,

Clerk

Sheldon

A. Zabel

Illinois Pollution Control

Board

Kathleen C. Bassi

100

West Randolph Street

Stephen

S. Bonebrake

Suite

11-500

Joshua

Chicago,

illinois

60601

Kavita

Patel

SchiffHardin,

LLP

Bradley P. Halloran

6600

Sears Tower

Hearing Officer

233

South Wacker Drive

Illinois

Pollution Control Board

Chicago,

Illinois 60606

James R. Thompson Center

Suite

11-500

100

West Randolph Street

Chicago,

Illinois 60601

PLEASE

TAKE NOTICE that

I have

today

filed with the Office of the Clerk

the

Illinois Pollution Control

Board

the MOTION FOR EXTENSION OF TIME TO

FILE

RECORD of the

Respondent, Illinois Environmental Protection Agency,

a copy of

which

herewith served

upon the assigned Hearing Office and the

attorney

for the

Petitioner.

Respectfully submitted by,

Sally C#tcr

Assistant Counsel

Dated: December 1,2005

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

ELECTRONIC

FILING,

RECEIVED, CLERKS OFACE,

DECEMBER

2005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

DYNEGY MIDWEST GENERATION, INC.

)

(HENNEPIN

POWER STATION),

)

Petitioner,

)

PCB 2006-72

)

(CAAPP Petmit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent

)

MOTION FOR EXTENSION OF TIME TO FILE

RECORD

NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY (“Illinois EPA”), by and through

its attorneys, pursuant to 35 Ill. Adm.

Code

105.116 and moves the ILLINOIS POLLUTION CONTROL BOARD

(“Board”) for an

extension of the time to file the record of its determination

in the above-captioned matter.

Petitioners

filed their Petition with the Board on November 3,

2005,

seeking a review of certain permit conditions containcd

within the Clean Air Act Permit

Program (“CAAPP”) permit issued to Dynegy Midwest Generation, Inc. (“Dynegy”

“Hennepin”) by the Illinois EPA on September 29, 2005.

The permit authorized the

operation of an electrical power generation

facility known as the Hennepin Power

Station.

The facility is located at R.R. #1, Box200AA, in Heimepin, Illinois.

Formal

notice of the

appeal was sewed upon the Illinois EPA on November 7, 2005.

On November 17, 2005, the Board accepted Dynegy’s Petition for

hearing.

In addition, the Board ordered the Respondent to file the entire record of its

determination within 30

days of receipt of the Petition.

If an extension of time to file the

ELECTRONIC

FILING,

RECEIVED, CLERK’S

OFFICE,

DECEMBER

2005

record would

sought

by the

Respondent, the

Board’s order

instructed that such request

was also

due

within

30 days

afler the Illinois EPA received the Petition.

The

undersigned attorney and a staff paralegal became

involved

with

the

compilation of the administrative record relating to

Dynegy

as early as mid-August

2005

and since that time, most of this attorney’s and the staff paralegal’s resources

have been

devoted to the compilation of this voluminous record and related records pertaining to the

twenty CAAPP permit appeals involving other electrical power generation facilities in

the State.

At thisjuncture, Hennepin’s record consists generally of five to six trial

boxes

of material.

Approximately two to threeboxes are particular to Hennepin alone, while

three other boxes are more aptly characterized as general reference material and

documents relevant

to the decision underlying the issuance of all twenty-one CAAPP

permits to the State’s electrical power generation

facilities.

The only remaining

documents to be assembled

and reviewed for this record preparation generally consists of

several hundred miscellaneous electronic mail messages of Illinois EPA personnel.

Some, but not

all, of these emails may contain information that were relied upon by

the

Illinois EPA in its permit decision.

The other assigned attorney, Robb

Layman, became involved with the

compilation of the administrative record relating to this proceeding in November 2005.

Due to the press ofother permit appeals before the United States

Environmental

Protection Agency’s Environmental Appeals Board (“EAB”) and enforcement case

matters unrelated to the present

appeal, Mr. Layman was generally unable to assist in the

compilation of the record until this past month.

ELECTRONIC

FILING,

RECEIVED, CLERK’S

OFFICE,

DECEMBER

2005

Due

to the sheer magnitude of the documentation underlying the Illinois

EPA’s permitting decision in this matter and

the additional

twenty CAAPP permit

appeals, the Illinois EPA was

not

able to compile the entire administrative record

on or

before December

7, 2005.

Counsel expects that the compilation of the record

will require

at least an additional

seven days.

Beyond this point, the timing of the filing of the

administrative record will likely be determined by matters largely outside of counsel’s

control.

First, while counsel for the

Illinois EPA has observed that many permit

appeals are of a type that could most aptly be described

“protective appeals” that do

not necessarilyrequire the filing of an administrative record,

it is counsel’s estimation

that some of the collective twenty-one appeals possess a much greater likelihood of

proceedingto hearing, thus necessitating the filing of an administrative record.

While

this ease is admittedly at the earliest stage of litigation, the permitting of this facility was

based upon years of work. by the Bureau of Air’s permitting engineers and countless

communications with this facility

and industry representatives at large.

In addition, it is

also the Illinois EPA’s perception that the Board may not wish to accept voluminous

administrative records in this and all of the other collective CAAPP appeals unless it

appearsthat a settlement resolution cannot be reached.

Second, the Illinois EPA does not possess the support-staff

make the

necessary copies for filing before the Board, the assigned Hearing Officer and opposing

counsel.

For instance, if the Respondent were to seek

leave from the Board for

a waiver

of the applicable copying requirements,

the Respondent would still be mailing

approximately twenty-five to thirty trial boxesto

the Board for Hennepin alone.

This

LEbThöi~iã

FlUNG, RECEIVED, CLERK’S OFFICE

DECEMBER

2005

does not

include

the five

six boxes that would be required

for both the Hearing Officer

and opposing counsel.

Due to these constraints, counsel has been researching the

possibility of hiring

an outside contractor to perform the required copying and/or

screening.

However, the State is limited by

further constraints; for instance, the

Illinois

EPA must first seek to employ a contractor that holds a State contract before turning to a

non-State contractor for copying services.

While counsel has located State contractors

that would be willing to make

10,000 copies often documents, counsel has

not found

State contractor willing

to make seven copies

ofthousands of miscellaneous sized

documents.

Based on the foregoing, the Illinois EPA formally requests

an extension of

time to

file its administrative record with the Board to a date determined by the Board to

be appropriate and/or consistent with any decisional deadline in this matter.

The grant of this extension of the

filing date will ensure that this

voluminous record is not needlessly

filed

but filed

in the

event that the matter does not

settle.

This will

servc

to limit the expenditure of constrained State resources on a

potentially unnecessary copying job.

Moreover, this will

further minimize anypotential

administrative burdens associated with the maintenance and storage of hundreds of trial

boxes for this appeal,

together with the other twenty CAAPP appeals for the Board and

the assigned Hearing Officer.

In addition, an extension of this time period

will

not result

in any hardship or prejudice to Petitioner.

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE,

DECEMBER

1,2005

WHEREFORE,

the

Illinois EPA respectfully requests

that

the Board grant

this

Motion for Extension of Time to File

Record to a date determined by

the Board to be

appropriate andlor consistent with any decisional deadline in this matter.

Respectfully submitted by,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Sally AllCarter

Assistant Counsel

Illinois Environmental Protection Agency

102!

North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

CERTIFICATE

SERVICE

I hereby certilS’ that on the

1St

day of December

2005,1

did send, by

electronic

mail with prior approval, the following instrument entitled l\I0TION

FOR

EXTENSION OF TIME TO FILE

RECORD to:

Dorothy Cunn, Clerk

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

and a true

and correct copy of the same foregoing instrument, by First Class Mail with

postage thereon fullypaid and deposited into the possession

of the United

States Postal

Service, to:

Bradley P. Halloran

Sheldon A. Zabel

Hearing Officer

Kathleen C. Bassi

Illinois Pollution Control Board

Stephen J. Bonebrake

James R.

Thompson

Center

Joshua R. More

Suite

11-500

KavitaM. Patel

100 West Randolph Street

SchiffHardin,

LLP

Chicago,

Illinois 60601

6600 Sears Tower

233

South Wacker Drive

Chicago, Illinois 60606

&az.

Sally Cthter

Assistant Counsel