ILLINOIS POLLUTION CONTROL BOARD

June

5,

1986

COMMONWEALTH EDISON COMPANY,

)

Petitioner,

v.

)

PCB 86-77

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

ORDER OF THE BOARD

(by

B.

Forcade):

On May 27, 1986,

Commonwealth Edison Company filed

a

Petition for Review of NPDES Permit No.

IL 0048313.

This matter

is accepted for hearing.

Hearing must

be scheduled within

14 days of the date of this

Order

and completed within 60 days of the date of this Order.

The hearing officer shall

inform the Clerk of the Board of the

time and location of the hearing at least 40 days

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

filings as

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.

70-154

---

—2—

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.

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

75 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.

Because this proceeding

is the type

for which the Illinois

Environmental Protection Act sets

a very short statutory deadline

for decisionmaking, 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

set

a date pursuant

to the fourth paragraph 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,

hereby certify tb~atthe above Order was adopted on

the

~~--

day of _________________________, 1986,

by a vote

of

________*

~.

Dorothy M.

G~mnn, Clerk

Illinois Pollution Control Board

70-155