ILLINOIS POLLUTION CONTROL

BQMW

December 11,

1975

COMMONWEALTH EDISON CO.,

INC.,

Petitioner,

v.

)

PCB 75-100

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

On November 20, 1975,

the hearing officer granted

Intervenor’s Motion to Produce,

filed by Intervenor on

November 14,

1975, and ordered the production of certain

documents containing bid specifications.

On November

21,

1975,

Petitioner filed with the hearing officer an Opposition

to the Motion to Produce, or in the Alternative, Motion for

a Protective Order.

On November 24,

1975, the hearing officer

referred to the Board that portion of Petitioner’s Notion

relating to a Protective Order.

Petitioner seeks two orders in its prayer for relief.

First, Petitioner requests that at all times other than

during hearings on the matter,

Intervenor disclose the

produced documents and the information contained therein to

no person other than employees or consultants of Intervenor

and then only in preparation for hearings in this matter.

Secondly, Petitioner requests that during hearings in this

matter,

Intervenor utilize the produced documents and the

information contained therein only during in camera

proceedings until such time as either party obtains a ruling

from the Board on a timely-filed Application for Nondisclosure

relating to in camera usage.

Rule 313(a)

of the Procedural Rules

(Rules) provides

that the hearing officer may restrict discovery where

necessary to prevent undue delay or harassment.

However,

Petitioner’s Motion does not seek a restriction of discovery

itself but,

rather, protection from disclosure of the material

obtained through discovery.

The Rules contain no specific

guidelines as to the granting of protective orders.

19-424

---

—2—

The Board hereby grants that portion of Petitioner’s

Notion for

a Protective Order requesting that Intervenor

disclose the produced documents and the information contained

therein to no person other than employees or consultants of

Intervenor and then only in preparation for hearing in this

matter.

The Board denies Petitioner’s request that during hearings

in this matter Intervenor utilize the produced documents and

the information contained therein only during in camera

proceedings until such time as either party obtains a ruling

on

a timely-filed Application for Nondisclosure.

The use of

the produced documents at the hearing on this matter is at

this point purely speculative and not subject to ruling by

the Board.

Petitioner should submit an Application for Non-

disclosure, pursuant to Rule 107(c)

if and when the produced

documents are offered as evidence at the hearing in this

matter.

The Motion for Stay of Production of Certain Documents

submitted by I.U. Conversion systems,

Inc., is also denied.

I.U. Conversion Systems,

Inc.,

is not a party to this action

and, therefore,

has no standing to raise this motion.

IT IS SO

ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certif

the above Order was adopted on

tk~e

____________

day of

_____________

3975 by a vote of

Illinois Pollution

rol Board