ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1983
    PEOPLE OF THE STATE
    OP ILLINOIS
    )
    v.
    )
    PCB 83—218
    COMMONWEALTH EDISON COMPANY
    (Certification No, 21RA—ILL—WPC-82-16)
    to
    Revoke
    Tax Certification.
    ORDER OF THE BOARD
    (by J.D.
    Durnelle):
    Recently enacted Public Act
    (P.A..)
    83—0883, which became
    effective on September 9,
    1983,
    amends the definition of
    “Pollution Control Facility” as contained
    in Section 21a—2 of
    the Illinois Revenue Act of
    1939
    (Ill.
    Rev.
    Stat.
    Ch.
    120, par.
    502a—2)
    in the following manner:
    For_~r1osesof assessments made after Janua~~j~1983L
    ~o1lution
    control facilities”
    shall not include, however,
    a) ~y
    system, method~construction, device or appliance
    appurtenant thereto,
    designed, constructed, installed or
    9p~ratedfor the
    p~ima~y~urpo
    se of(i)
    elirnin~~,
    containina,
    preventing or reducing radioactive contami—
    ñànts
    or energy, or
    (ii) treating wastewater produced
    by the nuclear generation of electric power;
    h) any
    large_dia~ ries
    or piping systems used
    to remove
    ~4_dispe~se
    heat from water involved
    in the nuclear
    generation of electric power;
    or
    c)
    any equipment,
    construction, device
    or appliance appurtenant thereto,
    o~peratedby any person other than a unit of government,
    ~h~ther
    within or outside of the tef~itorialboundaries
    of
    a
    unit of local governme~~~Qr
    sewage disposal or
    treatment.
    The Pollution Control Board shall revoke any prior
    certification in conflict with this ameridatory act of
    1983
    before January
    1,
    1984.”
    Pursuant to
    this statutory directive,
    the Board has reviewed
    Pollution Control Facility Certifications and Applications for
    55-177
    Certification which were referred
    to the Board by the Illinois
    Environmental Protection Agency
    for decertification under this
    language.
    On the basis of this information,
    the Board finds
    that the facility which is the subject of this certification
    falls within subparagraph
    (a)(i) and/or
    (b)
    of paragraph 502a—2
    of the Illinois Revenue Act of 1939,
    as amended.
    (The
    information on which this belief
    is based is attached
    to this
    Order.)
    OPPORTUNITY FOR_HEARING
    The Board will provide an opportunity for a hearing for
    any party to present contrary facts on this matter on December
    ~~1983
    at 9:00 a.m.
    at the_Pollution Control Board Office,
    Suite 300,
    309 W. Washington Street, ~hicagp, Illinois.
    However,
    ~e~Tng
    ~itllbe scheduled
    in this matter only
    if, rrthe Board
    receives a request for hearing,
    and 2) a short statement of the
    facts to be presented at hearing
    is filed with the Clerk of the
    Board by no later than 12:00 noon on_December19,_1983.
    Such
    statement of facts shall also be served on the Attorney General
    by no later than 12:00 noon on December 19,
    1983.
    Requests
    for hearing should be directed to Mr.
    Lee Cunningham at
    312/793—6923.
    At such hearing oral argument will be limited
    to
    15 minutes for each party.
    Accompanying written submissions
    shall be
    limited to
    15 pages.
    The Board will hear cases in the
    order that it receives requests for hearing.
    This hearing will
    be conducted pursuant to the contested case provisions of the
    Illinois Administrative Procedure Act
    (Ill.
    Rev.
    Stat.
    Ch.
    127.
    par. 1010—1018.)
    WRITTEN SUBMISSIONS
    IN LIEU OF
    HEARING
    If no facts are contested,
    legal argument on this proposea
    revocation may be submitted
    in written form rather than at
    hearing.
    Legal briefs on this matter must be filed with the
    Clerk of the Board at Suite 300,
    309 W. Washington Street,
    Chicago, Illinois 60606,
    and served on the Attorney General,
    no later than 5:00 p.m.
    on December 20,1983.
    Responsive legal
    briefs may be filed no
    later than
    12:00 noon on December 27,
    1983.
    All briefs
    shall be limited to no more than 15 pages.
    FINAL ORDER
    The Board proposes to adopt a Final Order which may revoke
    this Certification on or before December 28,
    1983.
    Due to the
    impending
    statutory deadline for revocation of affected
    certi-
    fications,
    no motions for reconsideration or stay of the Final
    Order in this matter will he heard by the Board.
    As provided
    in paragraph 502a—7 of the Illinois Revenue Act of 1939, as
    amended,
    appeal
    of
    the
    Board’s
    Final
    Order
    may
    be
    made
    to
    the
    55-178
    —3—
    Circuit Court pursuant to the Administrative Review Act
    (Ill.
    Rev.
    Stat.
    Ch.
    110,
    pars.
    264 et seq.)
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control ~o~rd, hereby certify that the above Order was adopted
    on theJ~T__~day ~
    1983 by a vote
    of
    ~
    ___
    Christan
    L.
    M~fei~’~~9erk
    ~

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