ILLINOIS POLLUTION CONTROL BOARD

June 4, 1992

U.S. DEPARTMENT OF ENERGY AND

THE

UNIVERSITY OF CHICAGO,

)

)

Petitioners,

)

v.

)

PCB 92—79

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

DISSENTING OPINION (by J. Anderson and J. Theodore Meyer):

The Board majority in this go-to-hearing order raised the

question of “whether this matter may be appropriate for summary

disposition....

“

We believe that it is unwise for the Board to

initiate such a question, in that it almost inevitably suggests

that we are “sending a signal” that this is what we want the

parties to do; in essense we appear to be practicing law for

them. That this query may have been made in the interests of

administrative con’~,enience (i. e., saving hearing money), is not

sufficient reason, we believe, to have raised the question.

Indeed, does not it tend to aggravate the “sending a signal”

problem?

It is for this reason that we respectfully dissent.

~an G. Anderson, Board Member

J.~heodore

~

Meyer, Board

~

Me~nber

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

Board, hereby certify that the above di nting opinion was

submitted on the

ír~

day of

_________________,

1992.

~

:/~

Dorothy M4Gunn, Clerk

Illinois P~llutionControl Board

134—95