ILLINOIS POLLUTION CONTROL BOARD

November 7, 1985

ILLINOIS POWER COMPANY

(Havana Power Plant),

Petitioner,

v.

)

PCB 85—170

ILLINOIS ENVIRONMENTAL

PROTECTION AGENC~

Respondent.

ORDER OF THE BOI~iRD ~by B. Forcade):

On October

~

~1985,Illinois Power Company filed a Petition

for Review of

NFr~E:3

Permit No, 0001571. This matter is accepted

for hearing. Hea~::~ngmust be scheduled within 14 days of the

date of this Order dfld 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 ~o 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.

68-343

---

—2—

Because this proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

for decisioninaking, absent a waiver, the Board will grant

extensions or modifications only in unusual circumstances. ~ny

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

r~,

Gunn, Clerk of the Illinois Pollution Control

Board, hereby

certify that

the above Order was adopted on

the

7~Z~

day of ______________________, 1985, by a vote

of 7~0

Dorothy M. Gunn, Cler1~

Illinois Pollution Control Board

86-344