ILLINOIS

POLLUTION CONTROL BOARD

November 7,

1985

COMMONWEALTH

EDISON

COMPANY,

)

PCB 85-167

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER

OF THE BOARD

(by B.

Forcade):

On October

29,

1985,

Commonwealth Edison Company filed

a

Petition for Review of NPDES Permit

No,

IL 0002259.

This matter

is accepted

for hearing.

Hearing must

be scheduled within

14

days of

the date of this Order

and completed within 80 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.

The hearing officer may by order

set

a schedule

for submission of briefs.

But such schedule shall

provide for final filings as expeditiously as possible and

in no

event later

than

90

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.

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,

Any waiver shall extend

the time

deadline of Section 105.102

regarding filing the Agency record

by

the equivalent number

of

days, but

in any circumstance

the record

must be filed at least

10

days before

the hearing.

66~337

---

—2—

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 second paragraph of this Order.

IT

IS SO ORDERED

I,

Dorothy N, Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify

hat

the above Order was adopted on

the ~

day of

___

,

1985, by

a vote

_________*

Dorothy

M. dunn,

Clerk

Illinois Pollution Control Board