ILLINOIS POLLUTION CONTROL BOARD
    September 1,
    1977
    CENTRAL ILLINOIS PUBLIC SERVICE
    )
    COMPANY,
    Petitioner,
    v.
    )
    PCB 77—145
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    DISSENTING OPINION
    (by Mr.
    Dumelle):
    My reason for dissenting
    in this case lies principally in
    the length of the variance granted.
    I feel it is excessive and
    not warranted.
    The Board has granted the variance until November
    3,
    1979.
    I would have granted it only until November or December of 1978.
    The Petitioner makes a strong case that its
    Double
    Alkali
    Flue Gas Desulfurization System will significantly advance the
    state of the art.
    I fully agree that it will do so.
    Thus it is
    important for both Illinois and the nation that it come on line
    as soon as possible.
    The arguments for the additional year of delay are
    (a)
    cash flow imbalance,
    (b)
    labor supply problems, and
    (c) unknown
    completion problems.
    We can reject the third argument since a
    future variance proceeding could give relief if unforeseen prob-
    lems do
    in fact arise.
    The cash flow argument
    is one never before made to the Board
    by a major utility in my memory.
    Large utilities have sophisti-
    cated finance experts available to them.
    The money can be raised
    without a doubt.
    The cost of raising that money is
    a legitimate
    business expense and will be recovered by the Petitioner.
    Thus
    I fail to see that “smoothing the cash flow” for this large
    utility is a proper basis for recognizing an arbitrary and un-
    reasonable hardship.
    Lastly, the Petitioner fears some sort of labor disruption
    if overtime
    is to be granted.
    An enigmatic memo of June 2,
    1977
    states that completion of the scrubber by late 1978 would ~‘ruin
    the labor climate of this area for which we have worked so hard
    -26
    —
    455
    —~
    7
    to cultivate”
    (Addendum II,
    p.
    2)
    1 read this not as a labor
    supply problem but
    a fear that area labor will demand a higher
    wage rate after the overtime ends.
    That~fear.is speculative and
    thus lacks credence.
    The Clean Air Act Amendments of 1977 are now law
    (as of
    August 7,
    1977)
    but an analysis of their
    effect,
    if any, upon
    this case and the Board~srole
    is
    not yet available.
    I leave
    that determination for a later case.
    I would have granted a shorter variance, until late 1978,
    and the additional year to November 1979 is not warranted.
    Respectfully submitted,
    I, Christan L. Mbffett,CIerk~ofthe Illinois Pollution
    Control Board, hereb~rcertify the abov~D~ssentingOpinion was
    submitted on the
    ~
    ~aybf~.t~L-U
    ,
    1977.

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