RECE~VED
    CLERK’S OFRCE
    BEFORE
    THE ILLINOIS POLLUTION CONTROL BOARD
    APR
    02
    2004
    IN THE MATTER OF:
    STATE OF
    ~LLINOIS
    PROPOSED SITE SPECIFIC REGULATION
    )
    R04-ll
    Pollution Control
    Board
    APPLICABLE TO AMEREN ENERGY
    GENERATING COMPANY,
    ELGIN,
    AMENDING 35
    ILL. ADM.
    CODE PART 901)
    NOTICE OF FILING
    TO:
    See Attached Service List
    PLEASE TAKE NOTICE that today
    I have filed with the
    Pollution Control Board the following Motion to Deny Petitioner’s
    Motion for Leave to File Response; Motion to Strike Petitioner’s
    Response to Attorney General’s Office Public Comment; Motion to
    Deny Motion to Supplement Record; and Motion to Strike Documents
    Attached to the Motion to Supplement Record on behalf of the
    Illinois Attorney General’s Office,
    a copy of which is attached
    and hereby served upon you.
    Respectfully
    submitted,
    PEOPLE OF THE STATE OF ILLINOIS
    •
    LISA MADIGAN.
    Attorney General
    •
    State .of Illinois
    BY:
    __________
    JOEL
    J.
    STERNSTEIN
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph St.,
    20th Floor
    Chicago, Illinois
    60601
    (312)
    814-6986
    DATE: April
    2,
    2004
    THIS FILING IS SUBMITTED ON RECYCLED PAPER
    SERVICE LIST
    Ms. Dorothy Gunn
    Clerk of the Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph,
    Suite 11-500
    Chicago,
    IL 60601
    (312)
    814-3620
    Mr. John Knittle,
    Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    Springfield,
    Illinois
    62794
    (217)
    278-3111
    Mr.
    Scott Phillips,
    Esq.
    Illinois Environmental Protection Agency
    Division of Legal Counsel
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield,
    Illinois
    62794-9276
    (217)
    782-5544
    Office of Legal Services
    .
    Illinois Department
    of Natural Resources
    One Natural Resources Way
    Springfield,
    IL 62702-1271
    (217)
    782-6302
    Mr. Sheldon Zabel,
    Esq.
    Ms. Marili McFawn,
    Esq.
    ‘
    Schiff, Hardin & Waite
    6600 Sears Tower
    Chicago,
    Illinois 60606
    (312)
    258-5519
    Realen Homes
    Attn: Al Erickson
    1628 Colonial Parkway
    Inverness,
    Illinois 60047
    Village of Bartlett
    ,
    Attn: Bryan Mraz, Attorney
    228
    S. Main St.
    Bartlett,
    Illinois 60103.
    ~ECE~VED
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAP~LERK’SOFF~CF
    IN
    THE
    MATTER
    OF:
    •
    )
    APR
    02
    200k
    PROPOSED
    SITE
    SPECIFIC
    REGULATION
    )
    R04-11
    ‘STATEOFILLINOIS
    APPLICABLE
    TO
    ANEREN
    ENERGY
    )
    Pollution
    Control Board
    GENERATING
    COMPANY,
    ELGIN,
    AIVIENDING
    35
    ILL.
    ADM.
    CODE
    PART
    901)
    MOTION TO DENY PETITIONER’S MOTION FOR LEAVE TO FILE RESPONSE;
    MOTION TO STRIKE PETITIONER’S RESPONSE
    TO ATTORNEY GENERAL’S OFFICE PUBLIC COMMENT;
    MOTION TO DENY MOTION TO SUPPLEMENT RECORD; AND
    MOTION TO STRIKE DOCIJNENTS ATTACHED TO
    THE MOTION TO SUPPLEMENT RECORD
    1.
    At the hearing in this matter held on January 22,
    2004,
    Board Hearing Officer John Knittle clearly stated that the close
    of the post-hearing public comment period would be March
    5,
    2004.
    Tr.
    at 279.
    2.
    On or about March
    4,
    2004,
    Petitioner Ameren Energy’
    Generating Company’s
    (“Petitioner”) attorney contacted the
    Attorney General’s Office
    (“AGO”)
    and requested that the post-
    hearing public comment period be extended.
    The parties contacted
    Hearing Officer Knittle who allowed the parties a 5-day extension
    to
    file
    their
    post-hearing
    public
    comments.
    Both
    Petitioner
    and
    the AGO submitted post-hearing public comments on March 10,
    2004.
    3.
    Subsequently,
    on
    March
    19,
    2004,
    Petitioner
    filed
    a
    Motion
    for
    Leave
    to
    File
    Response,
    a
    Response
    to
    Attorney
    General’s
    Office
    Public
    Comment,
    and
    a
    Notion
    to
    Supplement
    Record
    (collectively
    “March
    19
    Pleadings”)
    4.
    Petitioner
    seeks
    to
    introduce
    new
    evidence
    into
    the
    record
    that
    it
    did
    not
    include
    with
    its
    petition,
    its
    pre-filed
    testimony,
    its’
    hearing
    testimony,
    nor
    its
    post-hearing
    public
    comments.
    1
    5.
    The
    AGO
    believed
    that
    the
    parties
    final
    post-hearing
    submissions in this matter were to be turned’into the Board on
    March 10,
    2004.
    The AGO
    also
    believed
    that
    the
    record
    in
    this
    matter was complete as of the close of the
    post-hearing
    public
    comment period on March 10,
    2004.
    6.
    At no time did the Board or Hearing Officer Knittle
    give
    permission
    for
    ‘Petitioner
    to
    file
    the
    March
    19
    Pleadings.
    7.
    Petitioner’s March 19 Pleadings are an attempt to put
    its case in a
    more
    favorable light
    by
    misrepresenting
    the
    facts
    and discrediting the public comments submitted by Mr. Howard
    Chinn of the AGO.
    8.
    By allowing Petitioner’s March 19 Pleadings into the
    record,’ the Board would prejudice the AGO.
    The Board would give
    Petitioner nine more days’ that the AGO to submit post-hearing
    public comments and testimony.
    The Board would also give
    Petitioner a chance to respond to the AGO’S post-hearing public
    comments
    without.
    giving
    the.
    AGO
    the
    in-kind
    opportunity
    to
    respond to Petitioner’s post-hearing public comments.
    9.
    Therefore,
    the AGO requests that the Pollution Control
    Board do the following:
    a.
    Deny ‘Petitioner’s’ Motion
    for Leave to File
    Response;
    b.
    Strike Petitioner’s Response to Attorney General’s
    Office Public Comment from, the record;
    c.
    Deny Petitioner’s Motion to Supplement Record; and
    d.
    Strike
    the
    documents
    attached
    to
    the
    Motion
    to
    Supplement from the record.
    2
    Respectfully
    submitted,
    PEOPLE OF THE STATE OF ILLINOIS
    LISA
    MADIGAN
    Attorney
    General
    State
    of
    Illinois
    BY:
    ____________
    JOEL J.
    STERNSTEIN
    Assistant
    Attorney
    General
    Environmental Bureau
    188
    W. Randolph St., 20th Floor
    Chicago, Illinois
    60601
    (312)
    814-6986
    DATE:
    April
    2,
    2004
    3
    CERTIFICATE OF SERVICE
    I,
    JOEL
    J.
    STERNSTEIN,
    an Assistant Attorney General,
    certify that on the 2’~day of April 2004,
    I caused to be served
    by First Class Mail the foregoing Motion to Deny Petitioner’s
    Motion for Leave to File Response; Motion to Strike Petitioner’s
    Response to Attorney General’s Office Public Comment; Motion to,
    Deny Notion to Supplement Record; and Motion to Strike Documents
    Attached to the Motion to Supplement Record to the parties named
    on the attached Service
    list, by depositing, same in postage
    prepaid envelopes with the, United States Postal Service located
    at
    100 West Randolph Street,
    Chicago, Illinois 60601.
    JOEL J. STERNSTEIN
    G:\EflvirOflttlefltal Enforcement\JOEL\Case Documents\Ameren\mot strike Arneren late filing.wpd

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