RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARPLERK~s
OFFICE
PEOPLE OF ThE STATE OF ILLINOIS,
)
JUL 18
~QQ3
Complainant,
)
Pollution
STATE OF
Control
IWNOIS
Board
v.
)
PCB99-134
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
SUBSTITUTION OF AFFIDAVIT OF W.C. BLANTON
NOW COMES Respondent, PEABODY COAL COMPANY
(hereinafter “PCC”),
through its undersigned attorney, and hereby substitutes the original of the Affidavit ofW.C.
Blanton Relating to PCC’s Motion For Leave To Serve Interrogatories for the facsimile copy that
had been filed along with PCC’s Motion For Leave To Serve Interrogatories. In support of this
substitution, PCC states as follows:
1.
On July 14, 2003,
PCC submitted, in
support of its Motion For Leave To Serve
Interrogatories, the Affidavit of W.C. Blanton Relating to PCC’s Motion For Leave To Serve
Interrogatories, dated July 14,2003. At the time of that submittal, only a facsimile copy of that
Affidavit was available for filing. The submittal was filed by U.S. Mail.
2.
The original ofthe Affidavit of W.C. Blanton Relating to PCC’s Motion For
Leave To Serve Interrogatories is now available for submittal, and with this pleading PCC
submits, as a substitution, that original for the facsimile copy. The original and four copies are
being sent to the Board’s Clerk’s Office and one each is being sent to the persons on the service
list.
WHEREFORE, Respondent PEABODY COAL COMPANY substitutes the original of
the Affidavit of W.C. Blanton for the facsimile copy previously provided.
Respectfully submitted,
PEABODY COAL COMPANY,
Respondent
By its attorney
HEDINGER LAW OFFICE
By:
-
tephen/
.
Heding
HEDINGER LAW OFFICE
2601 5. Fifth St.
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLiNOIS,
)
)
Complainant,
)
)
v.
)
PCB99-134
)
PEABODY COAL COMPANY, a Delaware
)
Corporation,
)
)
Respondent.
)
AFFIDAVIT OF W. C. BLANTON RELATING TO PCC’S
MOTION FOR LEAVE TO SERVE INTERROGATORIES
W. C. Blanton, being first duly sworn, states as follows:
1.
The statements made herein are based upon my personal knowledge, and I am
competent to testify hereto.
2.
I am an attorney duly authorized to practice law in the States ofIndiana, Missouri,
and Minnesota; and I am one ofthe attorneys of record for Respondent, Peabody Coal Company
(“PCC”), in connection with the above-captioned matter, having been granted leave by the
Illinois Pollution Control Board (“Board”) to appear p~hac vice in this matter on behalf of
PCC.
3.
This affidavit is being filed with the Board in support ofPCC’s Motion .For Leave
To Serve Interrogatories, filed in this matter herewith.
4.
Sometime relatively soon after the State served Complainant’s Second Set Of
Interrogatories upon PCC, I had a telephone conversation with Jane E. McBride, the State’s
attorney of record in this case, regarding PCC’s questions and objections to the interrogatories
contained in that document. In the course ofour conversation, Ms. McBride and I discussed the
KC-1 104209-I
2597/3
fact that the State had directed substantially more than 30 interrogatories to PCC without
obtaining leave from the Hearing Officer to do so. The substance of our conversation with
respect to this subject was (1) we agreed that this case was of such a nature and magnitude that
the 30-interrogatory limit established by 35 Ill. Adm. Code 101.620(a) and Illinois Supreme
Court Rule 213(c) was not realistic and workable, and (2) we agreed that the parties therefore
would waive any objection to interrogatories based upon the “30-interrogatory limit” rule and
would instead address interrogatories directed to them on their merits.
Further affiant sayeth not.
W. C. Blanton
STATE OF MISSOURI
)
)ss.
COUNTY OF JACKSON
)
Subscribed and sworn to before me, a Notary Public in and for said County and State, this
/I/Mday ofJuly, 2003.
GERALDINE F. HALL
Notary Public - Notary Seal
My CommissionSTATEJacksonExplmsOF MISSOURICountyNovember
12,
2004
~
Notary Public
My Commission Expires:
if-.
~ç;~~Oc/
KC-1104209-I
2
2597/3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
v.
Complainant,
PEABODY COAL COMPANY, a Delaware)
corporation,
To:
Jane E. McBride
Environmental Bureau
Attorney General’s Office
500 S. Second St.
Springfield, IL 62706
W.C. Blanton
Blackwell Sanders Peper Martin LLP
Two Pershing Square
2300 Main St., Suite 1000
Kansas City, MO 64108
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St.
James R. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
David Joest
Peabody Coal Company
1951 Barrett Court
P.O. Box
1990
Henderson, KY 42419-1990
PLEASE
TAKE NOTICE that on the/~~layofJuly, 2003, we sent to the Clerk of the
Pollution Control Board the original and ~/ copies of Substitution ofAffidavit ofW.C.
Blanton for filing in the above entitled cause.
The undersigned certifies that a true and correct copy of the above-described document
was served upon the above-identified individuals via U.S. mail by enclosing the same in
envelopes properly addressed, witl~po1s)age fully prepaid, and I~ydepositing said envelopes in a
U.S. Post Office mail box, on the/ ~
j
~
/tephen P/YIedingç~(
‘
Hedinger Law Office
2601 5. Fifth St.
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
)
)
)
)
PCB 99-134
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
THIS FILING IS SUBMI11~EDON RECYCLED PAPER