ILLINOIS POLLUTION CONTROL BOARD
January 9, 1986
CENTRAL ILLINOIS PUBLIC SERVICE
COMPANY (Coffeen Unit 1 and 2)
Petitioner,
v.
)
PCB 85—156
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On January 6, 1986, Central Illinois Public Service Company
(‘tCIPSt’) filed a Motion for Continuance aná Waiver of Time for
Decision. The motion requests, in effect, that the hearing
presently scheduled for January 16, 1986, be cancelled and
rescheduled approximately 60 days later while the parties
negotiate. The Illinois Environmental Protection Agency has no
objection to the 60—day continuance. The motion was prompted by
the Hearing Officer!s uncertainty as to whether he could continue
hearing, even with the waiver of decision deadline to April 24,
1986.
Scheduling and rescheduling hearings is normally the
province of the Hearing Officer. Consequently, the Board will
deny CIPS motion that the Board reschedule hearing or order the
Hearing Officer to do so. However, the Board will clarify that
the Hearing Officer clearly does have authority to cancel and
reschedule hearings, with certain time constraints described
below. CIPS is free to proceed to hearing on January 16 or to
move the Hearing Officer to reschedule hearing.
Because of requirements regarding the publication of notice
of hearing, rio 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 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.
IT IS SO ORDERED.
67-441
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert ies that the above Order was adopted on
the
9zX~’
day of
___________________,
1986, by a vote
of 7-0
1/
/
p72.
Dorothy M. Gu n, Clerk
Illinois Pollution Control Board
67-442