ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    November
    20, 1986
    IN THE MATTER OF:
    )
    SITE—SPECIFIC RULEMAKING FOR
    )
    R85—7
    CENTRAL ILLINOIS LIGHT COMPANY
    )
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This matter comes before
    the
    Board upon the October 16,
    1986
    Motion
    for Rehearing filed by Central
    Illinois Light
    Company
    (“CILCO”).
    The Illinois Environmental Protection Agency filed a
    response
    to the motion on October
    31, 1986.
    CILCO contends that the Board’s September 11,
    1986 decision
    denying
    the site—specific relief requested by CILCO “appears
    to
    be based
    on a misunderstanding
    or mis—application of the
    structure
    and requirements of the Environmental Protection Act
    and
    a misunderstanding
    or unwarranted
    inference from
    the evidence
    in the record”
    (“Motion
    for Rehearing”,
    p. 1).
    The Agency argues that
    the Board’s Procedural Rules
    do not
    provide,
    in the context of regulatory proceedings,
    for motions
    to
    the
    Board for
    rehearing or reconsideration.
    The Agency therefore
    urges that CILCO’s motion be dismissed (“Agency Response
    to
    Motion for Rehearing”, pgs. 1—3).
    Alternatively,
    the Agency
    states that
    if the
    Board rules on the merits of CILCO’s motion,
    the motion should
    be denied since
    the Board correctly applied
    the
    statutory criteria of the Act and properly found that the
    requested relief was not justified by the record
    (Id. at 8).
    The
    Board
    notes that,
    contrary to the Agency’s assertion,
    motions
    for
    rehearing
    or
    reconsideration
    may
    appropriately
    be
    considered
    by
    the
    Board
    in
    rulemaking
    proceedings.
    The
    authority
    to
    hear
    such
    motions
    is
    implicit
    in
    the
    general
    rulemaking
    authority
    delegated
    to
    the
    Board
    by
    the
    Act.
    Nevertheless,
    in
    this
    instance
    the
    Board
    concludes
    that
    the
    Motion
    for Rehearing
    must
    be
    denied.
    The
    Board
    believes
    that
    its
    September
    11,
    1986
    decision
    in this matter was not based
    on any misunderstanding!
    misapplication of the Act, or on any misunderstanding of the
    record.
    Rather, the Board
    affirms that the Opinion and Order
    adopted on September
    11 was well founded on the record
    in this
    proceeding
    as
    it was developed by the participants.
    The Board wishes
    to
    take special note of CILCO’S arguments
    concerning
    the Board’s reference
    in
    its Opinion
    to
    the
    “goals of
    equitable and fair treatment”.
    (Op. p.
    8, CILCO Motion for
    Rehearing,
    p. 7—10).
    CILCO misconstrues the Board’s statement,
    as well as the weight this matter carries
    in the determination
    that CILCO’S petition must be denied.
    74-129

    —2—
    The Board determined,
    based
    on the record presented
    to
    it by
    CILCO, that CILCO
    failed
    to adequately demonstrate why
    it should
    be
    treated
    differently
    than
    others
    subject
    to
    the
    general
    rule.
    Such
    consideration
    of
    equitable
    and
    fair
    treatment
    is
    inherent
    in
    all Board
    rulemakings, whether general
    rulemakings or
    site—
    specific rulemakings.
    Therefore,
    the Board has not,
    in the
    instant matter,
    introduced
    “an entirely new, and unjustified
    test”, as adduced by CILCO (CILCO Motion
    for Rehearing,
    p. 10).
    Finally, CILCO errs
    in
    its interpretation of the weight
    accorded
    the
    matter
    of
    equitable
    and
    fair
    treatment.
    The
    Board
    has
    also
    determined
    that
    CILCO
    failed
    to
    demonstrate
    that
    compliance
    with
    the
    general
    rule
    is
    technically
    infeasible
    and
    economically
    unreasonable.
    This
    determination,
    in
    itself,
    required that the petition be denied.
    The October
    16,
    1986 Motion for Rehearing
    filed
    by Central
    Illinois Light Company
    is hereby denied.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify, that the above Order
    was adopted on
    the
    ‘~c’~-
    day
    of
    ~
    ,
    1986,
    by
    a
    vote
    of
    ~“
    -
    C
    ~
    //
    /
    ~
    -
    I
    ~
    ~
    Dorothy
    M.
    Gzinn,
    Clerk
    Illinois Pollution Control Board
    74.130

    Back to top