ILLINOIS POLLUTION CONTROL BOARD

May 9,

1986

ILLINOIS POWER COMPANY,

Petitioner,

v.

)

PCB 85-119

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On April

30,

1986,

both Illinois Power Company (“IPC”)

and

the Illinois Environmental Protection Agency (“Agency”)

filed

separate motions for reconsideration of the Board’s March

27,

1986, Opinion and Order

in this matter.

On May 5,

1986,

the

Agency filed

a response

to IPC’s motion

for reconsideration.

The

Board will grant reconsideration

of its March 27,

1986, Opinion

and Order

and will,

by this Order, establish

a briefing schedule

regarding the reconsideration of this proceeding.

The Agency’s motion,

among

other things,

asserts that

it

detrimentally relied on the Board’s November

7,

1985, denial

of

IPC’s motion for summary judgment and, consequently,

failed

to

address

these issues in

its

final brief.

As the Board ultimately

disposed of this case based

on issues raised

in IPC’s motion

for

summary judgment,

the Agency requests an opportunity

to present

legal argument and citations on these

issues.

By granting

reconsideration,

the Board provides such an opportunity.

Simultaneous briefs regarding reconsideration will

be

accepted through May 30,

1986.

Simultaneous reply briefs will be

accepted through June

10,

1986.

Parties may waive briefs and

rely on filings submitted

to date

in support

of reconsideration.

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

c7~~

day of

___________________,

1986, by

a vote

of

_________.

Dorothy M.

dunn,

Clerk

Illinois Pollution Control Board

69-375