ILLINOIS

POLLUTION

CONTROL BOARD

December

6,

1983

PEOPLE OF

THE STATE OF

HELINOIS

v.

)

PCB 83—224

COMMONWEALTH

EDISON

COMPANY

(Certification No,

511—600)

Proposal

to

Revoke

Tax Certification.

ORDER OF THE BOARD

(by J,D.

Dumelle):

Recently enacted Public Act

(P,A.)

83—0883, which became

i~ffectiveon September 9,

1983,

amends

the definition of

“Pollution Control Facility”

as contained in Section 21a—2 of

the Illinois Revenue

Ace. of 1939

(Ill.

Rev.

Stat.

Ch.

120, par.

502a—2)

in the following manner~

“For

p~~oses

of assessments_made_after January

1L

1983,

“pollution

control

facilities”

shall not include,_however,

a)any_system,

metho~

construction, device or appliance

~pp~~t

thereto,

esined, constructed, installed or

~rated

for ~~~rimar

eof

(i) eliminating1

~

or

red u~radioac

tive cantand

-

nants

or energy,

or

(ii)

trea~~wastewater~roduced

~the

nuclear

generation

of

electric ppwer;

b) any

large

diameter~

r

ns’stems

used to

remove

and disperse heat from water involved in the nuclear

generation of_elec~~~pwer;_orc~y~guipment1

construction, device or applianc

enant thereto,

~rated

by any person other than a unit of government,

whether within or outside of the territorial boundaries

of

a unit of local government~for sewage disposal

or

treatment.

The

Pollution

Control

Board

shall

revoke

any prior

certification in conflict_with

this

amendat~

act of

1983

before January

1,

1984.”

Pursuant to this statutory directive,

the Board has reviewed

?ollution Control Facility Certifications and Applications for

55-201

---

—2—

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)

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

20,

1983 at 9:00 a~m, at the Pollution Control_Board Office,

Suite_300,

309 W. Washington Street, Chic~,

Illinois.

However,

a hearing will

be scheduled

in this matter only if,

1)

the Board

receives a request

for hearing,

and 2) a short statement of the

facts

to he presented at hearing

is filed with the Clerk of the

Board by no later than 12:00 noon on December

19,

1983.

Such

statement of

facts

shall also be served on the Attorney General

by no later than 12:00 noon on Decem~~_l9,

1983.

Requests

for hearing should be directed to Mr. Lee Cunningham at

312/793—6923.

At such hearing oral argument will he limited

to 15 minutes for each party.

Accompanying written submissian~

shall be limited to 15 pages.

The Board will hear cases

in th~

order that

it receives requests for hearing.

This hearing wilT

he conducted pursuant to

the contested case provisions of the

Illinois Administrative Procedure

Act

(Ill.

Rev.

Stat.

Ch. 12~

par~1010—1018.)

WRITTEN SUBMISSIONS

IN LIEU

OF HEARING

If no facts are contested,

legal argument on this proposed

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 5:00p.m.

on December

20,

L983.

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 he made to the

55-202

---

—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 Board, hereby certify that the above Order was adopted

on the~

day of~~

,

1983 by a vote

_—i)

-

-

__

~f2&~1erk

Christan L. N