ILLINOIS POLLUTION CONTROL BOARD
    October
    3,
    1972
    COMMONWEALTH EDISON CO.
    v.
    )
    #
    72—295
    ENVIRONMENTAL PROTECTION AGENCY
    Opinion
    & Order on Motion for Interim Variance
    (by Mr. Currie):
    A hearing has been authorized on this petition for ex-
    tension and modification of a variance granted Oct.
    14,
    1971,
    Commonwelath Edison Co.
    v. EPA,
    #
    71-129,
    2 PCB 627, which
    approved a compliance program for the company’s Will County
    and Powerton generating stations.
    The hearing has been post-
    poned until October or November to enable the Agency to
    present the results of
    a detailed study of the Edison system
    to enable us better to assess the case.
    The 90-day period
    in which we must decide the case in the absence of a waiver
    will expire October 11.
    The company is unwilling to waive
    its right to
    a decision by that date unless we grant a
    corresponding extension of the variance so that it will not
    be subject to prosecution while litigating its right to
    a further extension.
    The request is reasonable and is not
    objected to by EPA.
    The 60-day extension will enable the
    Board to make a reasoned decision on the basis of a complete
    record, and the original order contemplated continuance of
    the program beyond October of this year.
    Edison filed its
    petition in time to secure
    a decision within the original
    variance period, and the hearing has been scheduled later to
    meet the needs of the EPA.
    Cf. GAF Corp.
    v.
    EPA, #71-11,
    2 PCB 57
    (June 28,
    1971).
    The variance granted Ocotber 14,
    1971,
    as modified by
    the orderof November 11,
    1971,
    3 PCB 53,
    is hereby extended
    for 60 days on condition that Edison on or before October
    10, 1972 files
    a written waiver for the corresponding period
    of the right to a decision in the present case within
    90
    days.
    I, Christan Moffett, Clerk of the Pollution Control Board,
    certify that the Board adopted the above Opinion
    & Order
    on Motion for Interim1variance this 3rd. day of October,
    ‘972,
    by a vote of
    ~
    •
    /
    /
    /71
    ~
    5
    —
    583

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