ILLINOIS POLLUTION CONTROL BOARDD
March 14,
 1991
COMMONWEALTH EDISON COMPANY,
 )
Petitioner,
v.
 )
 PCB 91—29
)
 (Variance)
ILLINOIS ENVIRONMENTAL
 )
PROTECTION AGENCY,
 )
Respondent.
ORDER OF THE BOARD
 (by J. Anderson):
On February
 7,
 1991, Commonwealth Edison filed a petition
requesting variance from the temperature requirements of
 35
 Ill.
Adm. Code 302.211(d).
 On February
 22, 1991,
 the Sierra Club
filed an objection
 to Commonwealth Edison’s petition and a
petition
 to intervene.
 On February 27, 1991,
 the Izaak Walton
League of America also filed an objection in this matter.
Pursuant
 to 35
 Ill. Adm. Code 104.141
 (a), any person may
file a written objection
 to a variance petition within 21 days
after
 the filing of the petition.
 Section 104.121(a) also allows
for such objections
 to be accompanied by a petition to intervene
in accordance with the intervention rules contained
 in 35
 Ill.
Adm. Code 103.
 Because
 the Sierra Clubts petition for
intervention satisfies the criteria set forth in Section 103.142,
the Board will allow the Sierra Club to intervene and will set
 this matter for hearing.
We also wish to note that the Sierra Club states,
 in its
petition to intervene, that Commonwealth Edison’s variance
petition should be dismissed.
 We construe such statement and the
material
 in support of such statement
 as a motion to dismiss.
Accordingly, pursuant
 to
 35
 Ill. Adm. Code 101.241(b),
Commonwealth Edison has seven days from the date of service of
the Sierra Club’s petiton to intervene,
 to respond to the motion
to dismiss
 if it so chooses.
The Hearing Officer shall give notice of the hearing
 in
accordance with 35
 Ill. Adm. Code 103.123(b), at least
 21 days
before the hearing
 to the petitioner,
 the Agency,
 and anyone who
has filed an objection to the petition.
Hearing must
 be scheduled within
 14 days of the date of this
Order and completed within 60 days of the date of this Order.
120—79
—2—
The hearing officer shall
 inform the Clerk of the Board of the
time and location of the hearing at least 4~Ydays in advance of
hearing so that public notice of hearing may be published.
 After
hearing,
 the hearing officer shall submit an exhibit list and all
actual exhibits to the Board within
 5 days of the hearing.
 Any
briefing schedule shall provide for final f~ilingsas
 expeditiously as possible and in no event later than
 70 days from
the date of this Order.
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.
 This schedule will
only provide the Board a very short time period to deliberate and
reach a decision before the due date.
 The hearing officer and
the parties are encouraged to expedite this proceeding as much as
possible.
Within 10 days of accepting this case,
 the Hearing Officer
shall enter
 a Hearing Officer Scheduling Order governing
completion of the record.
 That Order shall
 set
 a date certain
for each aspect of the case including:
 briefing schedule,
hearing date(s),
 completion of discovery
 (if necessary)
 and pre—
hearing conference
 (if necessary).
 The Hearing Officer
Scheduling Order may
 be modified by entry of a complete new
scheduling
 order conforming with the time requirements below.
The hearing officer may extend this schedule only on a
waiver of the decision deadline by the petitioner and only for
the equivalent or fewer number of days
 that the decision deadline
is waived.
 Such waivers must
 be provided
 in writing
 to the Clerk
of the Board.
 Any waiver must be an “open waiver”
 or a waiver of
decision until
 a date certain.
 Any waiver shall extend the time
deadline of Section 104.180 regarding filing
 the Agency
recommendation by the equivalent number of days,
 but
 in any
circumstance the recommendation must be filed at least
 20 days
before the hearing.
Because of requirements regarding the publication of notice
of hearing,
 no scheduled hearing may be cancelled unless the
petitioner provides an open waiver
 or a waiver to a date at least
120 days beyond the date of the motion to cancel hearing.
 This
should allow ample time for the Board
 to republish notice of
hearing and receive transcripts from the hearing before the due
date.
 Any order
 by the hearing officer granting cancellation of
hearing shall include a complete new scheduling order with a new
hearing date at least
 40 days
 in the future and at least
 30 days
prior
 to the new due date and the Clerk of the Board shall be
promptly informed of the new schedule.
120—80
—3—
Because this proceeding
 is the type for which the Illinois
Environmental Protection Act sets a very short statutory deadline
for making
 a decision,
 absent a waiver,
 the Board will grant
extensions or modifications only
 in unusual circumstances.
 Any
such motion must set forth an alternative schedule for notice,
hearing, and final submissions, as well as the deadline for
decision, including response time
 to such a motion.
 However, no
such motion shall negate the obligation of the hearing officer to
establish a Scheduling Order pursuant
 to the requirements of this
Order, and
 to adhere to that Order until modified.
IT IS
 SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board,
 h reby certify that the above Order was adopted on
the _______day of
 ~‘~t.t-t~j
 ,
 1991, by a vote of
________
Dorothy M. ~opn, Clerk
Illinois PoUution Control Board
120—81