ILLINOIS POLLUTION CONTROL BOARD

January

29,

1976

COMMONWEALTH EDISON COMPANY

complainant,

v.

)

PCB 75—100

RONMENTAL PROTECTION

AGENY,

Respondent.

ORDER OF THE

BOARD

(by Mr. Goodman):

On November 20,

1975, pursuant to Intervenor’s Motion to

Pr~Juce,the Hearing Officer in the instant matter ordered Common-

wealth Edison Company to produce certain documents containing bid

specifications.

One of these documents was the Poz—O-Tec Proposal

presented by I.U.

Conversion Systems,

Inc.,

to Commonwealth Edison

Company.

On January 26,

1976, Petitioner and Intervenor filed a

Joint Motion for

a Protective Order for the Poz-O--Tec Proposal.

Due to the particular nature of the facts presented in the

instant matter,

the Board hereby grants Petitioner and Intervenor’s

Joint Motion for a Protective Order.

Therefore,

it is

the Order of

the Board that:

1.

Respondent and Intervenor are prohibited from making

more than one copy of the Poz-O-Tec Proposal.

2.

Respondent and Intervenor are prohibited from making any

notes or resumes of the contents of the Poz—O--Tec

Proposal.

3.

Respondent and Intervenor are prohibited from divulging

the contents of the Poz-O-Tec Proposal to anyone other

than employees of Respondent and Intervenor, or consul-

tants

to be used as witnesses in this proceeding,

and

then only after prior notice to counsel for

I.U. Con-

version Systems.

Such additional persons permitted to

examine the Poz-O-Tec Proposal are ordered to adhere to

the terms

of the Protective Order.

4.

The record in this cause shall be impounded to the

extent that

it contains the contents of the Poz-O-Tec

Proposal

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151

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5.

Any hearing held

in this cause at which the Poz—O--Tec

Proposal is introduced into evidence or made the subject

of oral testimony shall be held in camera.

6.

All copies of the Poz—O--Tec Proposal shall be returned to

LU.

Conversion Systems,

Inc.,

as soon as the Board has

issued

a final Order in the instant matter and the time

for filing an appeal has expired without such appeal.

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify

the above Order was ado ted on the

~ g-’~

day ~

,

1976 by

a vote of

-O

Christan L. Moffety

erk

Illinois Pollution

trol Board

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