IL2.L~.Ci~~Ci~LUTICJ1~C~C’L BCARC

August 20. 1967

COMMONhEALTH EDIS3N COt’LPAN~,

)

Petitioner,

v.

)

PCB 87—40

ILLINOIS ENVIRONMENTAL

PROTECTiON AGENCI.

Respondent.

ORDER OF THE BOhRD

(by

3.

Marlin):

On June 29. 19~7, Com:~onwealth Edison Company (Edison) tiled

a Motion to Dismiss its Petition for Variance. Edison bases its

motion “on tne ground that it presently appears tnat there is no

substantial likelihood of a violation of the temperature

standards

frorr. ~

a variance is sought.t’ The Illinois

Environn~ental Protection Agency never filed a response to this

motion.

It is difficuat for the Board to envision circumstances when

the Board would deny a petitioner’s motion to dismiss its own

variance proceedi~o thereby compelling the petitioner to proceed

with the variance proceeding against its will. Consequently, the

Board hereby grants Edison’s Motion to Dismiss.

It is important to note, though, that by granting Edison’s

motion, tt~e Board is in no w~ymaking any finding as to wnether

Edison’s discharge is in compliance. In other words, the Board

has not accepted Edison’s reasoning in support of its motion.

The Board is not at this time making a determination as to

whether or not heat is a limiting factor on aquatic life in tne

“five mile stretcn” (see prior variance opinions: 30 PCB 315, 42

PCB 5~and 62. FOB 01). in addition, the disposition of this

motion does not in any way address Edison’s pending Petition for

Determination under Section 3~2..2ll(f), docketed as POE 87—93.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of tne illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the ~

day of

________________,

1987, by a vote

of

____________

Dorothy M. G~n, Clerk

Illinois Pollution Control Board

80—337