ILLINOIS POLLUTION CONTROL BOARD

June

5,

1986

ILLINOIS POWER COMPANY

)

(Hennepin Power Plant),

Petitioner,

v.

)

PCB 85—119

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.

D.

Durnelle):

This matter comes before

the Board upon

a May 14,

1986,

motion to rescind

filed on behalf of the Illinois Power Company

(IPC)

and

a

response to that motion filed on behalf of the

Illinois Environmental Protection Agency

(Agency)

on May

22,

1986.

IPC requests that the Board rescind its order

of May 9,

1986, which granted reconsideration

and established

a briefing

schedule.

IPC argues that the Board “prematurely and invalidly

issued”

that order since

it was issued prior

to IPC’s timely

response

to

the Agency’s motion and argues further that the order

is ambiguous.

The Board disagrees.

On May

9, 1986,

the Board had before

it motions

to reconsider filed by both parties.

While

the Board

did not conclude that

its earlier orders were either

incorrect or

ambiguous,

it decided

to inform the parties,

through its May

9

order

that it would reconsider.

Since both parties had requested

reconsideration,

the Board on

its own motion granted

reconsideration generally.

As of May

9,

the Board did not,

and

in fact could not,

decide

the underlying

issues since,

as IPC pointed out,

there

remained time to respond.

Further,

to insure both parties

a full

opportunity to develop their arguments,

the Board offered an

opportunity for additional briefs

to be submitted.

(It did not,

however, as IPC implies, order additional briefs.)

That briefing

schedule continues through June 10,

1986

and the Board will

accept briefs

until that date.

Thereafter,

the Board will

reconsider

its entire opinion and order.

Therefore,

IPC’s motion

to rescind

is hereby denied.

Finally,

the Agency has moved to withdraw its brief dated

May 14, 1986 “until the Board clarifies the scope of its

reconsideration.”

While

this order

is intended

to clarify the

70-91

---

—2—

scope,

the Board

is uncertain as

to whether the Agency would

agree.

Therefore,

the Board will strike that brief unless the

Agency requests its consideration on or before June

10,

1986.

IT

IS SO ORDERED.

Board

Member

3. Theordore Meyer.dissented.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that

t

e above Order was adopted on

the

_______________

day of

_____________,

1986 by a vote

of

Illino

Polluti on Control Board