April

18, 1985

PEOPLE

OF THE STATE

OF

ILLINOIS

)

v,

)

PCB 83—222

COMMONc~7EALTHEDISON COMPANY

)

(Certification No, 2lRA~ILL~WPC—83—34)

)

Pevocation of Tax Certification.

ORDER

OF THE BOARD

(by B,

Forcade):

On

March

4,

1985,

the

Circuit Court of Cook County,

by Judge

James t1ur~ay, entered

an

order vacating the Board~sorders

of

December

23,

1933,

in

numbers

PCB 83—215 through 83—223,

inclusive.

The

Court

remanded

these cases back to the Board for

further proceedings.

The Court addressed

a number

of procedural

grounds

2or vacating

and

remanding:

1)

the difficulties

presented

by

the interpretation of Public Act

83—0883;

2)

hearing

on

less

than

14 days notice to the

plaintiff;

3)

no right to

rehearing provided;

and

4)

the insufficiency of the record

and

lack

of findings regarding

the

Board~s interpretation of PA

83—

0883 as

it

applies to cooling ponds

and cooling

towers.

The Board will,

therefore, set

this

matter

for

rehearing.

hearing

officer

will

he

assigned

to

schedule and conduct

a

hearing

and

the

Clerk

in

directed

to

provide

public

notice of

hearing dates and

locations in

accordance with

35

Ill,

Adm.

Code

Part 103.

IT IS SO ORDERED

I, Dorothy

M, Gunn, Clerk

of the Illinois

Pollution Control

Board, ~e~.eby certify that the above Order was

adopted on

~

day of

___

_____________

1985,

by

a

vote

7~,

~.

____

Dorothy M.~nn, Clerk

Illinois Pollution Control Board

63-481