PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.
Pollution Control Board, Attn: Clerk
(via U.S. mail)
100 West Randolph Street
James R. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
)
)
)
)
Bradley Halloran, Hearing Officer
(via U.S.
mail)
Illinois Pollution Control
Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~ECEIVEO
CL~R’’S
(DFF~r’
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
JUN
23
2003
)
STATE OF ILLINOIS
PCB 99-134
Pollution
Control Board
PEABODY COAL COMPANY, a Delaware
corporation,
Respondent.
NOTICE OF FILING AND PROOF OF SERVICE
To:
Jane
E.
McBride (via hand delivery)
David Joest (via U.S. mail)
Environmental Bureau
Peabody Coal Company
Attorney Generals Office
1951 Barrett Court
500 S. Second St.
P.O. Box 1990
Springfield,
IL 62706
Henderson, KY
42419-1990
W.C. Blanton
(via U.S. mail)
Blackwell Sanders Peper Martin LLP
Two Pershing Square
2300 Main St., Suite 1000
Kansas City, MO 64108
PLEASE T~
NOTICE that on the*
ofJune, 2003, we sent to the Clerk of
the Pollution Control Board
the original
an
nine copies of the Respondent’s Notices of
Deposition
-
Edwin Bakowski, Larry Crislip, Tom McSwiggin, Gary Styzens, Bill Buscher,
Joyce Munie, Kurt Niebergall, Don Pflederer, Connie Sullinger, and Rick Cobb, for filing in
the above entitled cause.
The undersigned certifies that true and
correct
copies of the above-described
document
were
served
as
stated
above upon
the
above-identified
individuals,
those via U.S.
mail
by
enclosing
the
same
in
envelopes
properly
addressed,
with
posta~’fully
prepaid,
and
by
depositing said envelopes in
a U.S. Post Office
m~il
box, on the
2~fZ~
day of June, 2003.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217)
523-4366
fax
THIS FILING IS SUBMIT1’ED ON RECYCLED PAPER
KC-1013182-1
2597/3
3
BEFORE THE ILLINOIS POLLUTION CONTROL~~~tV~.
~ orrie~
JUN
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE
OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
v.
)
PCB 99-134
)
PEABODY COAL COMPANY, a
Delaware
)
corporation,
)
)
Respondent.
)
NOTICE OF DEPOSITION
TO:
Gary Styzens
do Jane McBride
Attorney General’s Office, Environmental Bureau
500
South Second Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July 2, 2003, at
8:00 a.m., at the Illinois
Environmental Protection Agency,
1021 North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of GARY STYZENS pursuant to Hearing Officer Order, 35
III. Adm. Code
101.616
and
101.622, Illinois Supreme Court Rules 202 and 204, agreement of the parties, and other
applicable rules and
statutes, before a Notary
Public and Certified Shorthand
Reporter, said
deposition to be for purposes of discovery, at which time and place the said Gary Styzens is
requested to appear for said
deposition.
FURTHER, on July
1, 2003, at 12:00 noon, at said place, the deponent is instructed to
produce, for purposes of inspection and reproduction and subsequent questioning, the following
documents:
(1)
Any and
all documents relied upon by the deponent
in drafting his
report.
(2)
Any and
all other documents considered by the deponent in
drafting his report.
(3)
Any and all documents referenced in the deponent’s report.
(4)
Any and
all drafts of his
report.
KC-1013182-1
2597/3
(5)
Any
and all written communication with any person regarding the preparation of
his or any other witness’ report.
(6)
Any and
all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to support or provide
evidence in
support of any opinion expressed by deponent.
(7)
Any and all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that
in any way and
to any degree are in
opposition to or tend to be in opposition to
or provide evidence in opposition to any
opinion expressed by deponent.
(8)
Any and
all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in, or any draft of, the
deponent’s report.
Respectfully submitted,
PEABODY COAL COMPANY
By its
attorneys
//1,
~
W. C. Blanton
BLACKWELL SANDERS PEPER MARTIN LLP
Two Pershing Square, Suite
1000
2300 Main Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com
(e-mail)
Step~Iien
F.
HEDINGER LAW OFFICE
2601
South Fifth Street
Springfield,
IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2597/3
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1~
c.
~
ERR S
OI:’FICF
PEOPLE OF THE STATh OF ILLINOIS,
)
)
JUN232003
Complainant,
)
STATE
o~
ILLINOIS
0
Ii1tic~flControjBo
~
v.
)
PCB 99-134
ar~
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
NOTICE OF DEPOSITION
TO:
Edwin Bakowski
do Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July 2, 2003,
at
10:00 a.m., at the Illinois Environmental Protection Agency, 1021 North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of EDWIN BAKOWSKI pursuant to Hearing Officer Order, 35 Ill. Adm.
Code
101.6 16
and 101.622, Illinois Supreme Court
Rules 202 and 204, agreement of the parties, and
other applicable rules and statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which time and place the said
Edwin Bakowski
is
requested to appear for said deposition.
FURTHER, on July
1, 2003, at
12:00 noon, at said place,
the deponent is instructed to
produce, for purposes of inspection and
reproduction and subsequent questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in
drafting his report.
(2)
Any and all other documents considered by the deponent in drafting his
report.
• (3)
Any and all documents referenced in
the deponent’s report.
(4)
Any and all drafts of his report.
KC-1013182-I
2597/3
(5)
Any
and all written communication with any person regarding the preparation of
his or any other witness’ report.
(6)
Any and
all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to
support or provide
evidence in
support of any opinion expressed by
deponent.
(7)
Any and all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that
in
any way and to any degree are in
opposition to or tend to be in opposition to or provide evidence in opposition to any
opinion expressed by deponent.
(8)
Any and all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in, or any
draft of, the
deponent’s report.
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
~~(//.
(C
W. C. Blanton
d4L
BLACKWELL SANDERS f’EPER MARTIN LLP
Two Pershing Square, Suite 1000
2300 Main Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com (e-mail)
Stephen FXledinger
/
HEDINGER LAW OFFICE
2601
South Fifth Street
Springfield,
IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2
2597/3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFTCF
PEOPLE OF THE STATE OF
ILLINOIS,
)
)
JUN2S2003
Complainant,
)
STATE OF IWNOIS
v.
•
)
PCB 99-134
POllUtion Control Board
)
PEABODY
COAL
COMPANY, a Delaware
)
corporation,
)
•
)
Respondent.
)
NOTICE OF DEPOSITION
TO:
Larry Crislip
c/o Jane McBride
Attorney General’s Office, Environmental Bureau
500 South
Second Street
Springfield, Illinois
62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July 2, 2003, at
11:30 a.m., at the Illinois Environmental Protection Agency, 1021
North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of LARRY CRISLIP pursuant to Hearing Officer Order, 35 Ill.
Adm. Code 101.616
and
101.622, Illinois Supreme Court Rules 202 and 204, agreement of the parties, and other
applicable rules and statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which time and place the said
Larry Crislip is
requested to appear for said
deposition.
FURTHER, on July 1, 2003, at 12:00 noon, at said place,
the deponent is
instructed to
produce, for purposes of inspection and
reproduction and subsequent
questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in
drafting his report.
(2)
Any and all other documents considered by the deponent in
drafting his report.
(3)
Any and
all documents referenced in
the deponent’s report.
(4)
Any and all drafts of his report.
KC-1013182-1
2597/3
(5)
Any
and all written communication with any person regarding the preparation of
his or any other witness’ report.
(6)
Any and all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to
support or provide
evidence in support of any opinion expressed by
deponent.
(7)
Any and
all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that in any way and
to any degree are in
opposition to or tend to be
in opposition
to or provide evidence in
opposition to any
opinion expressed by deponent.
(8)
Any and all written communications between the deponent and any
person
regarding the preparation of, conclusions or opinions expressed in, or any
draft of, the
deponent’s report.
•
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
•
W.
C. Blanton
BLACKWELL SANDERS PEPER MARTIN LLP
Two Pershing Square, Suite
1000
2300
Main Street
Post Office Box 419777
•
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com (e-mail)
Ste~’en
F. 4’edinger
7
HEDINGER LAW OFFICE
2601
South Fifth Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
•
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2
2597/3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEiVEJ~
CLERK’S
OFF!C’F
PEOPLE OF ThE STATE OF ILLINOIS,
)
)
JUN232003
Complainant,
)
CT’A
~TE
OF ILLINOIS
•
I
POllUtf0fl Cont
v.
)
PCB 99-134
ro, J~Oard
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
•
NOTICE
OF DEPOSITION
TO:
Tom McSwiggin
do Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July 2, 2003,
at
2:00 p.m., at the Illinois Environmental Protection Agency,
1021 North Grand Avenue East,
SprIngfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of TOM MCSWIGGIN pursuant to Hearing Officer Order, 35 Ill. Adm. Code
101.616 and
101.622, Illinois Supreme Court Rules 202 and 204, agreement of the parties, and
other applicable rules and statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which time and place the said Tom McSwiggin
is
requested to appear for said deposition.
FURTHER, on July
1, 2003,
at 12:00 noon, at said place, the deponent is instructed to
produce, for purposes of inspection and reproduction and subsequent questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in
drafting his report.
(2)
Any and
all other documents considered by the deponent in drafting his report.
(3)
Any and all documents referenced in the deponent’s report.
(4)
Any and all drafts of his report.
KC-10 13 182-1
2597/3
(5)
Any and
all written communication with any person regarding the preparation of
his or any
other witness’ report.
(6)
Any and all documents known by
Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to
support or provide
evidence in support of any opinion expressed by deponent.
(7)
Any and all
documents known by Complainant,
the Illinois Environmental
Protection Agency, and/or the deponent that
in any way and to
any degree are in
opposition to or tend to be in opposition to or provide evidence in
opposition to any
opinion expressed by deponent.
(8)
Any and all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed
in, or any draft of, the
d~eponent’s
report.
Respectfully submitted,
PEABODY COAL COMPANY
By
its. attorneys
BLACKWELL
Two Pershing Square, Suite 1000
2300 Main Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) ~83-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com (e-mail)
Stephen F.
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2597/3
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’c
~
PEOPLE
OF ThE STATE OF ILLINOIS,
)
JUN
2
3
2003
)
Complainant,
)
•
STATE
OF ILLINOIS
•
0
lUtlon
Controi Board
v.
)
PCB 99-134
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
NOTICE OF
DEPOSITION
TO:
Bill Buscher
c/o Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second
Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July 3, 2003,
at
9:00 a.m., at the Illinois Environmental Protection Agency, 1021 North Grand Avenue East,
Springfield,Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of BILL BUSCHER pursuant to Hearing Officer Order, 35 Ill.
Adm. Code
101.616
and
101.622, Illinois Supreme Court Rules 202 and 204,
agreement of the parties, and other
applicable rules and statutes, before a Notary Public and Certified Shorthand
Reporter, said
deposition to be for purposes of discovery, at which time
and place the said Bill Buscher is
requested to appear for said deposition.
FURTHER, on July
1, 2003,
at 12:00 noon,
at said place, the deponent is instructed
to
produce, for purposes of inspection and reproduction
and subsequent questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in drafting his report.
(2)
Any and all
other documents considered by the deponent in
drafting his report.
(3)
Any and all
documents referenced in the deponent’s report.
(4)
Any and all drafts of his report.
KC-1013182-1
2597/3
(5)
Any and
all written communication with any person regarding the preparation of
his or any
other witness’ report.
(6)
Any and all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support ortend to
support or provide
evidence in support of any opinion expressed by deponent.
(7)
Any and all
documents known by
Complainant, the Illinois Environmental
• Protection Agency, and/or the deponent that
in any way and
to any degree are in
opposition to or tend to be in
opposition to
or provide evidence in
opposition to
any
opinion expressed by deponent.
(8)
Any and all written communications between the deponent and
any person
regarding the preparation of, conclusions or opinions expressed in, or any draft of, the
d~ponent’s
report.
•
•
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
W. C. Blanton
BLACKWELL SANDERS PEPER
MARTIN LLP
Two Pershing Square, Suite
1000
2300 Main Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com
(e-mail)
Stephen F..
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2597/3
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
cE~vED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK’S OFFTc~
)
JUN2S?O03
Complainant,
)
STATE OF ILLINOIS
v.
•
)
PCB 99-134
Pollution
Control Board
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
NOTICE OF DEPOSITION
TO:
Connie Sullinger
do Jane McBride
Attorney General’s Office, Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
•YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July
15,
2003, at
8:00 a.m., at the Illinois Environmental Protection Agency, 1021 North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of CONNIE SULLINGER pursuant to
Hearing Officer Order, 35 Ill. Adm.
Code
101.616 and
101.622, Illinois Supreme Court Rules 202 and 204, agreement ofthe parties, and
other applicable rules and statutes, before a Notary Public and Certified Shorthand
Reporter, said
deposition to
be for purposes of discovery, at which
time and place the said
Connie Sullinger is
requested to appear for said deposition.
FURTHER, on July 1, 2003, at 12:00 noon, at said place, the deponent is instructed to
produce, for purposes of inspection and reproduction and subsequent questioning,
the following
documents:
(1)
Any and all documents relied upon by the deponent
in drafting her report.
(2)
Any and all other documents considered by the deponent in drafting her report.
(3)
Any and all documents referenced in the deponent’s report.
(4)
Any and all drafts ofher report.
KC-1013182-1
2597/3
(5)
Any and all written communication with any person regarding the preparation of
her or any
other witness’ report.
(6)
Any and all documents known by Complainant,
the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to support or provide
evidence in support of any opinion expressed by
deponent.
(7)
Any and all documents known by Complainant,
the Illinois Environmental
Protection Agency, and/or the deponent that in any way and to any degree are in
opposition to
or tend to
be in opposition to or provide evidence in opposition to any
opinion expressed
by deponent.
(8)
Any and all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in,
or any draft of, the
deponent’s report.
Respectfully
submitted,
•
PEABODY COAL COMPANY
By its attorneys
W. C. Blanton
BLACKWELL SANDERS PEPER MARTIN LLP
Two Pershing
Square, Suite 1000
•
2300 Main Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com
(e-mail)
~
Stephen FA~edinger
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2
2597/3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFTCp
PEOPLE OF ThE STATh OF ILLINOIS,
)
•
JUN
2
:32003
Complainant,
STATE OFILLINOIS
)
Pollution
Control Board
v.
)
PCB 99-134
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
NOTICE OF DEPOSITION
•
TO:
Joyce
Munie
c/o Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILLHEREBY TAKE NOTICE that on July
15,
2003, at
10:00 a.m., at the Illinois Environmental Protection Agency, 1021 North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY,
will take the
deposition of JOYCE MUNIE pursuan•t to Hearing Officer Order, 35 Ill. Adm. Code
101.616 and
101 .622, Illinois Supreme Court Rules 202
and 204, agreement of the parties, and
other
applicable rules and
statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which fime and
place the said Joyce Munie is
requested to appear for said deposition.
FURTHER, on July
1, 2003, at
12:00 noon,
at said place, the deponent is instructed
to
produce, for purposes of inspection and
reproduction and
subsequent questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in drafting her report.
(2)
Any and all other documents considered by
the deponent in drafting her report.
(3)
Any and all documents referenced in
the deponent’s report.
(4)
Any and all drafts of her report.
KC-1013182-1
2597/3
(5)
Any and all written communication with any person regarding the preparation of
her or any other witness’ report.
(6)
Any and all documents known by
Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that su~pportor tend to support or provide
evidence in support of any
opinion expressed by deponent.
(7)
Any and all documents known by
Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that in any way and to any
degree are in
opposition to or tend to
be in opposition to or provide
evidence in opposition to any
opinion expressed by deponent.
(8)
Any and all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in, or any draft of, the
deponent’s report.
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
W. C. Blanton
BLACKWELL SANDERS PF~PERMARTIN LLP
Two Pershing Square, Suite 1000
2300 Main Street
Post Office Box ‘419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com
(e-mail)
Stephen F. H~inger
HBDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2597/3
2
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
RECEIVED
CLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
-
JUN
23
2
Complainant,
)
STATE OF ILLINOI5
Pollution
Con tro/ Board
v.
)
PCB 99-134
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
‘
)
)
Respondent.
)
NOTICE OF DEPOSITION
TO:
Kurt Niebergall
do Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July
15,
2003, at
11:30
a.m., at the Illinois Environmental Protection Agency, 1021
North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY,
will take the
deposition ofKURT NIEBERGALL pursuant to Hearing Officer Order, 35 Iii. Adm. Code
101.6 16 and
101.622, Illinois Supreme Court Rules 202 and 204, agreement of the parties, and
other applicable rules and
statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which time and place the said Kurt Niebergall is
requested to
appear for said deposition.
FURTHER, on July 1, 2003,
at 12:00 noon,
at said
place, the deponent is instructed to
produce, for purposes of inspection and reproduction and subsequent questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in
drafting his report.
(2)
Any and all other documents considered by the deponent in
drafting his report.
(3)
Any and all documents referenced in the deponent’s report.
(4)
Any and all drafts of his report.
KC-1013182-1
2597/3
(5)
Any and all written communicationwith
any person regarding the preparation of
his or any other witness’ report.
(6)
Any and all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to support or provide
evidence in support of any opinion expressed by deponent.
(7)
Any and
all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that
in any way and to any degree are in
opposition to or tend to be
in opposition to or provide evidence in opposition to
any
opinion expressed
by deponent.
(8)
Any and
all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in, or any draft of, the
•deponent’s report.
•
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
W. C. Blanton
BLACKWELL SANDERS
PEPER MARTIN
LLP
Two Pershing Square,
Suite 1000
2300 Main
Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com
(e-mail)
~
Stephen FIhedinger
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2
2597/3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
-
LERK’S
OFFICE
PEOPLE
OF THE STATE OF ILLINOIS,
)
j11
)
uN2~2003
Complainant,
)
STATE
OF ILLINOIS
Polluti0,~Con troi Bo0
v.
)
PCB
99-134
,
r
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
).
NOTICE OF DEPOSITION
TO:
Don
Pflederer
c/o Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second
Street
Springfield, Illinois
62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July 15, 2003, at
2:00 p.m.,
at the Illinois Environmental Protection Agency,
1021 North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of DON PFLEDERER pursuant to Hearing Officer Order, 35 Ill. Adm. Code
101.616
and 101.622, Illinois Supreme Court Rules 202 and 204, agreement of the parties, and
other
applicable rules and statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which~time
and place the said Don Pflederer is
requested to appear for said deposition.
FURTHER, on July
1, 2003,
at 12:00 noon,
at said place,
the deponent is instructed
to
produce, for purposes of inspection and reproduction and
subsequent questioning, the following
documents:
(1)
Any and
all documents relied upon by the deponent in drafting his report.
(2)
Any and all other documents considered by the deponent in drafting his report.
(3)
Any and all documents referenced in the deponent’s report.
(4)
Any and all drafts of his report.
KC-1013182-1
2597/3
(5)
Any and
all written communication with
any person regarding the preparation of
his
or any other witness’ report.
(6)
Any and all
documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that sujiport or tend to
support or provide
evidence in support of any
opinion expressed by deponent.
(7)
Any and all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that
in any way and
to any degree are in
opposition to or tend to be in
opposition to
or provide evidence in opposition to any
opinion expressed by deponent.
(8)
Any
and all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in, or any draft of, the
deponent’s report.
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
W. C. Blanton
BLACKWELL SANDERSPEPER MARTIN LLP
Two Pershing Square, Suite 1000
2300 Main Street,
Post Office Box 419777
Kansas~
City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com (e-mail)
Stephen F. ~‘edinger
HEDINGER LAW OFFICE
2601 South Fifth
Street
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC.1013182-1
2
2597/3
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOAIM E C t~
ir
v~
~
~LERg’~OFFICE
JUN
232003
PEOPLE OF THE STATE OF ILLINOIS,
)
-
STATE
OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
v.
)
PCB
99-134
)
PEABODY COAL COMPANY,
a Delaware
)
corporation,
•
)
)
Respondent.
)
NOTICE OF DEPOSITION
TO:
Rick Cobb
c/o Jane McBride
Attorney General’s Office, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on July
16, 2003, at
9:00 a.m., at the Illinois Environmental Protection Agency,
1021 North Grand Avenue East,
Springfield, Illinois
62794, the Respondent, PEABODY COAL COMPANY, will take the
deposition of RICK COBB pursuant to Hearing Officer Order, 35 Ill. Adm. Code 101.616 and
10 1.622, Illinois Supreme Court Rules 202 and 204, agreement of the parties, and other
applicable rules and
statutes, before a Notary Public and Certified Shorthand Reporter, said
deposition to be for purposes of discovery, at which tIme and place the said
Rick Cobb
is
requested to appear for said deposition.
FURTHER, on July
1, 2003, at 12:00 noon, at said place,
the deponent is instructed
to
produce, for purposes of inspection and reproduction and subsequent questioning, the following
documents:
(1)
Any and all documents relied upon by the deponent in
drafting his
report.
(2)
Any and all other documents considered by the deponent in drafting his report.
(3)
Any and
all documents referenced in the deponent’s report.
(4)
Any and
all drafts of his report.
KC-1013182-1
2597/3
•(5)
Any and all written communication with any person regarding the preparation of
his
or any other witness’ report.
(6)
Any and
all documents known by Complainant, the Illinois Environmental
Protection Agency, and/or the deponent that support or tend to support or provide
evidence in
support ofany opinion expressed by
deponent.
(7)
Any and
all documents known by Complainant, the illinois Environmental
Protection Agency, and/or the deponent that
in any way and
to any degree are in
opposition to or tend to be
in opposition to or provide evidence in opposition to any
opinion expressed by deponent.
(8)
Any and all written communications between the deponent and any person
regarding the preparation of, conclusions or opinions expressed in, or any draft of, the
deponent’s report.
Respectfully submitted,
PEABODY COAL COMPANY
By its attorneys
W. C. Blanton
BLACKWELL SANDERS
REPER MARTIN LLP
Two Pershing Square, Suite 1000
2300 Main Street
Post Office Box 419777
Kansas City, Missouri
64141-6777
(816) 983-8000 (phone)
(816) 983-8080 (fax)
wblanton@blackwellsanders.com
(e-mail)
•
_______
Stephen F. ~f’edinger
I
HEDINGER LAW OFFICE
2601 South Fifth Street
•
Springfield, IL
62703-2407
(217) 523-2753 (phone)
(217) 523-4366 (fax)
hedinger@cityscape.net (e-mail)
KC-1013182-1
2
2597/3
