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October 5, 1995

CENTRAL ILLINOIS PUBLIC

)

SERVICE COMPANY,

)

)

Petitioner,

)

v.

)

PCB 96-31

)

(Permit Appeal-Water

ILLINOIS ENVIRONMENTAL

)

Ninety-Day Extension)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD:

By order of August 24, 1995, pursuant to P.A. 88-690, the

Board granted Central Illinois Public Service Company (CIPS) an

extension of time through November 2, 1995 in which to file an

appeal of a April 21,

1995

Agency permit determination. On

September 28, 1995, CIPS filed a petition for permit review

regarding its facility, located in Crawford County, Illinois.

This matter is accepted for hearing.

The hearing must be scheduled and completed in a timely

manner, consistent with Board practices and the applicable

statutory decision deadline, or the decision deadline as extended

by a waiver (petitioner may file a waiver of the statutory

decision deadline pursuant to 35 Ill. Adm. Code 101.105). The

Board will assign a hearing officer to conduct hearings

consistent with this order, and the Clerk of the Board shall

promptly issue appropriate directions to that assigned hearing

officer.

The assigned hearing officer shall inform the Clerk of the

Board of the time and location of the hearing at least 40 days in

advance of hearing so that public notice of hearing may be

published. After hearing, the hearing officer shall submit an

exhibit list, a statement regarding credibility of witnesses and

all actual exhibits to the Board within five days of the hearing.

Any briefing schedule shall provide for final filings as

expeditiously as possible and, in time-limited cases, no later

than 30 days prior to the decision due date, which is the final

regularly scheduled Board meeting date on or before the statutory

or deferred decision deadline. Absent any future waivers of the

decision deadline, the statutory decision deadline is now January

26, 1996 (120 days from September 28, 1995); the Board meeting

immediately preceding the due date is scheduled for December 21,

1995.

If after appropriate consultation with the parties, the

parties fail to provide an acceptable hearing date or if after an

---

attempt the hearing officer is unable to consult with the

parties, the hearing officer shall unilaterally set a hearing

date in conformance with the schedule above. The hearing officer

and the parties are encouraged to expedite this proceeding as

much as possible. The Board notes that Board rules (35 Ill. Adm.

Code 105.102) require the Aaencv to file the entire Agency record

of the permit application within 14 days of notice of the

Detition.

This order will not appear in the Board’s opinion volumes.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereb ce tify that the above order was adopted on the

____

day of __________________

,

1995, by a vote of

7O

Clerk

Ill

on Control Board