1. HEARING OFFICER ORDER
ILLINOIS POLLUTION CONTROL BOARD
May 27, 2004
MIDWEST GENERATION EME, LLC,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 04-185
(Trade Secret Appeal)
HEARING OFFICER ORDER
On May 27, 2004, all parties participated in a telephonic status conference with the
hearing officer. The petitioner represented that it intends to file a motion for reconsideration of
the Board’s May 6, 2004 order. In particular, the petitioner will request the Board to reconsider
its holding that the hearing in this matter is to be based exclusively on the record before the
Illinois Environmental Protection Agency (Agency) at the time it issued its trade secret
determination.
Without objection, the hearing officer extended the time in which the petitioner has to
file its motion for reconsideration and set a briefing schedule. To that end, petitioner’s motion
for reconsideration with accompanying brief is due to be filed on or before July 1, 2004. The
Agency’s response brief is due to be filed on or before August 13, 2004. Petitioner’s reply, if
any, is due to be filed on or before August 27, 2004.
The petitioner represented that it will file an additional 180-day waiver of the statutory
decision deadline.
The parties or their legal representatives are directed to participate in a telephonic status
conference with the hearing officer on September 9, 2004, at 11:30 a.m. The telephonic status
conference must be initiated by the petitioner, but each party is nonetheless responsible for its
own appearance. At the status conference, the parties must be prepared to discuss the status of
the above-captioned matter and their readiness for hearing.
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IT IS SO ORDERED.
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Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917

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