ILLINOIS

POLLUTION

CONTROL

BOARD

February

7,

1980

CITIZENS UTILITIES COMPANY OF ILLINOIS,

)

Petitioner,

v.

)

PCB 78~313

ENVIRONMENTAL PROTECTION AGENCY,

Respondent,

ORDER

OF THE BOARD

(by Mr. Goodman):

Petitioner~sJanuary 23, 1980 motion to permit interlocutory

appeal of the hearing officer~sJanuary

17, 1980 ruling at hear~

ing is granted.

In balancing the alleged prejudices, the Board finds that

the necessity of Respondent~sbeing able to consult with one

witness during the testimony of the others outweighs Petitioner~s

fears that one

witness would

have the opportunity “improperly

to become prepared” by hearing questions to or answers by the

other.

The Board also notes that the hearing officer found that

Petitioner~s request was not made prior

to the first hearing and

that Respondent was informed two days before the first hearing

by Petitioner that it would not move to exclude witnesses,

The ruling of the hearing officer is affirmed,

IT IS SO ORDERED.

I,

Christan L,

Moffett,

Clerk of the Illinois Pollution

Contro~Board, her

y

ertify the above Order was adopt d on

the

~

day of

___

,

1980 by a vote of

______

stan

L.

Motte

Illinois Pollution

ntrol Board