)
)
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
)
)
Midwest Generation EME, LLC
)
Petitioner,
)
PCB
______________
)
Trade Secret Appeal
V.
)
REC~VED
CLERK’S OFFICE
Illinois Environmental Protection Agency,
)
Respondent.
)
JUN
03
2Q04
NOTICE OF FILING
STATE
OF ILUNOIS
Pollution Control Board
To:
Division ofLegal Counsel
Illinois
Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution
Control Board Midwest Generation EME, LLC’s Petition For Review OfThe Illinois
Environmental Protection Agency’s Denial OfTrade Secret Protection As To Information
Submitted By Commonwealth Edison Company, a copy ofwhich is herewith served upon you.
()Mary Arin~l(4ullin
Dated:
June 3, 2004
SchiffHardin LLP
6600 Sears Tower
Chicago, IL
60606
(312)
258-5687
CFI2\
1117093.1
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Midwest Generation EME,
LLC’s Petition For Review OfThe Illinois Environmental Protection Agency’s Denial OfTrade
Secret Protection As To Information Submitted By Commonwealth Edison Company by U.S.
Mail and Facsimile, upon the following persons:
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.Box 19276
Springfield, Illinois
62794-9276
Dated: June 3, 2004
Respectfully submitted,
MIDWEST GENERATION EME, LLC
By:_______
SCHIFF HARDIN LLP
6600 Sears Tower
Chicago, Illinois
60606
(312) 258-5540
One ofthe Attorneys for
Midwest Generation EME, LLC
CH2\ 1117094.1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
)
Midwest Generation EME, LLC
)
Petitioner,
)
PCB No.
_________
)
Trade Secret Appeal
v.
)
)
Illinois Environmental Protection Agency,
)
CLERK~s
oFFI1~ED
Respondent.
)
JUN
03
2004
MIDWEST GENERATION EME, LLC’S
STATE
OF
ILLIN
PETITION FOR REVIEW OF THE
P011WIOfl Control
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S
cl
DENIAL OF TRADE SECRET
PROTECTION
AS
TO INFORMATION
SUBMITTED BY
COMMONWEALTH EDISON COMPANY
Pursuant to
Section
5/7.1
of the Illinois
Environmental
Protection Act
(the “Act”), 415
ILCS
5/7,
and
the
following
sections
of the
Illinois
Administrative
Code:
2
Ill.
Adm.
Code
2175.600(f),
35
Ill
Adm.
Code
105.204(f),
130.214(a),
Midwest
Generation
EME,
LLC
(“Midwest
Generation”)
respectfully
submits
this
Petition
for
Review
of
the
Illinois
Environmental
Protection
Agency’s
Denial
Of
Trade
Secret
Protection
As
To
Information
Submitted By Commonwealth Edison Company.
Midwest Generation hereby states as follows:
1.
On
January
30,
2004,
Commonwealth Edison
Company
(“CornEd”)
submitted
final
responses
to
a
Clean
Air
Act
§
114
Information
Request
issued
by
the
United
States
Environmental Protection
Agency
(“USEPA”).
At
USEPA’s
suggestion,
CornEd
submitted
a
courtesy copy of the
final responses
and
attachments
to
the Illinois
Environmental
Protection
Agency (“IEPA”).
2.
Included
in
ComEd’s
final
response were
excerpts
from
a
continuing
property
record
(“CPR”)
relating to
six
coal-fired
generating
stations
formerly owned by
CornEd
and
currently owned by Midwest Generation.
(Attachment 1)
Midwest Generation purchased the six
generating
stations
in
December of
1999.
Pursuant
to
the
Asset
Sale
Agreement
between
CornEd
and
Edison
Mission Energy, Midwest
Generation’s parent, CornEd
provided Midwest
Generation
a copy of the portions of the CPR that relate to the generating stations purchased by
Midwest Generation.
3.
The
excerpts
from
the
CPR
are
compiled
listings
of
confidential,
detailed
fmancial information related to
expenditures
at the
six
generating stations.
Each entry on
the
CPR includes the date a piece ofequipment was put into service, the related work order numbers,
a
description
of the
work
and
the
cost.
CornEd
conspicuously marked this
information
as
“Confidential
Business Information” pursuant to
the regulations
set
forth by
the USEPA
at 40
CFR §2.203.
4.
On
Febru~try26,
2004,
IEPA
requested
that
CornEd
submit
a
Statement
of
Justification
for
CornEd’s
trade
secret
claims.
(Attachment
2)
Midwest
Generation
was
informed of this
request and
submitted an
independent Statement of Justification on March
11,
2004.
(Attachment 3)
In its
Statement of Justification,
Midwest Generation explained that the
CPR is the most comprehensive source ofinformation about the equipment installed at the fossil
plants and relates
to the ongoing method of operation
and
maintenance of the plants.
Midwest
Generation
provided
the
Certification
of
Fred
W.
McCluskey,
Vice
President,
Technical
Services, for Midwest
Generation attesting
to
the
fact that
the CPR had
not been published or
disseminated, or otherwise become a matter ofgeneral public knowledge.
5.
On April 29,
2004,
Midwest Generation
received a letter from IEPA, dated April
23,
2004,
denying Midwest
Generation’s trade secret claims
as to
the information on the
CPR.
(Attachment 4)
Without explanation, IEPA sununarily denied trade secret protection stating:
-2-
“Midwest
and/or
CornEd
failed
to
adequately demonstrate
that
the
information
has
not been published,
disseminated,
or
otherwise become
a
matter of general
public
knowledge
and/or
failed
to
demonstrate
that
the
information
has
competitive value.
Further, Midwest and/or CornEd has failed to demonstrate that
the information does not constitute emission data.
April
23,
2004
letter
from
Chris
Pressnall of IEPA
to
Andy Sawula
of Schiff
Hardin at 1.
6.
For the reasons set forth below,
IEPA’s
denial of trade secret protection as to this
information is
improper.
The regulations
governing the
identification and
protection of trade
secrets provide
that
an
article
will be
determined to
represent
a trade
secret if the owner has
complied with the procedures
for making a
claim and justification;
if the information sought to
be
protected
has not
been
published,
disseminated
or
otherwise become
a
matter of general
public knowledge; and if the article has competitive value.
See
35
Ill Admin
Code
13 0.208(a).
IEPA does not
dispute that Midwest
Generation has properly complied with the procedures for
making
a
claim
and
a
justification
and
Midwest
Generation’s
Statement
of
Justification
sufficiently demonstrates
that the CPR has not become a matter ofgeneral public knowledge and
that
disclosing
the
information
on
the
CPR
will
harm
Midwest
Generation’s
competitive
position.
The CPR gives competitors an insider’s view as to the maintenance history ofeach unit
revealing the
reliability
and
future maintenance
needs of the individual units.
By
reviewing a
unit’s maintenance history, a
competitor can determine the maintenance needs
associated with a
specific unit enabling the competitor to
estimate the unit’s future reliability and
tO
predict future
maintenance
outages. The
ability to
predict
Midwest
Generation’s
future maintenance outages
allows
competitors
to
take
advantage of Midwest
Generation’s downtime to
plan
its
own unit
dispatching
and
pricing.
If a
competitor can predict when
a unit will be
down, it
can predict
when the
electricity will
be
in
shorter
supply.
In the current
highly competitive independent
power producers market,
this information is highly
sensitive.
In addition, disclosure of the cost
-3-
information would
disadvantage Midwest
Generation
in
negotiating pricing for similar projects
with suppliers.
Further,
because knowing a unit’s reliability reflects its profitability, this is
also
valuable information for investors and lending institutions.
7.
Even
if
the
Board
were
to
agree
with
IEPA’s
determination
that
certain
information on the CPR does not constitute trade secrets, IEPA has only addressed §7(a)(i) ofthe
Act and this matterwould need to be remanded for a determination under
§7(a)(iv) ofthe Act.
8.
Further,
if
the
Board
were
to
decide
that
IEPA
properly
determined
that
the
information did
not
constitute
trade secrets under
section
7(a)(i) of the
Act,
the Board
should
remand this
matter to
IEPA to
require IEPA to
compile with
JEPA’s
Freedom of Information
Act regulations at 2 Ill Adm.
Code Part
1828 before the CPR is released to a requestor.
Midwest
Generation understands that this information is the subject ofa FOIA request.
9.
For the reasons set forth
above, Midwest
Generation requests that
the hearing on
this matter be held in-camera.
10.
For the reasons set
forth
above, Midwest
Generation requests
that Attachment
1
be filed under seal.
WHEREFORE, Midwest Generation respectfully requests that its Petition for Review be
granted and
the Illinois Pollution
Control Board enter an order reversing IEPA’s
determination
denying trade secret protection to portions ofthe CPR.
-4-
CH2\ 1117101.1
-5-
Respectfully submitted,
MIDWEST GENERATION EME, LL
By:
~O-’c~-)
Sheldon
i~.
Zabel
Mary A. Mullin
SCHIFF HARDIN LLP
6600 Sears Tower
Chicago, Illinois
60606
(312) 258-5540
Attorneys for
Midwest Generation EME,
LLC
ATTACHMENT
1
CornEd
_Fossil
Stations
Crawford
Station
ATTACHMJ~NT
A
Periodl975thru
1999
.
Additions
/
Transfers
amounts
greater
than
100,000
Work_Order
In-Service
Total
——
Location
Number
Description
of
Work
Date
Cost
—
REDAC
TED
COM000001
“CONF•T1WNTIAt.R11S1NESS1NFORMAT1OP.~!
.
.
.
L~’
______________________
.-.
--
Pa~eJ
of8
CornEd
Fossil
Stations
Crawford
Station
Period
1975
thni
1999
Additions
/
Transfers
amounts
greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description
of
Work
Date
Cost
I~J~DACTJ~D
COM000002
•‘Cflr.JF1D)~NT1A1.H1ls~1NESS1NFORMA11UN”
...
—--_—--.-..
.
Pagc2of~
CornEd
Fossil
Stations
Crawford
Station
Period
1975thru
1999
.
Additions
I
Transfers
amounts
greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description
of
Work
Date
Cost
REDACTED
COM000003
CornEd
FossilStations
Crawford
Station
Period 1975 thru
1999
Additions
I
Transfers
amounts greater than
100,000
Work_Order
.
InServic~
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
COM000004
T~.Jvee5r~~~PM~’r1l1N”
.
Page4 of 8
CornEd
.
Fossil Stations
Crawford Station
Period 1975thru
1999
Additions
I
Transfers
amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Dale
Cost
RED
ACTED
COM000005
Pa~e5
oft
CornEd
Fossil Stations Crawford
Station
Period 1975
thru
1999
Additions / Transfers ainounis
greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
COM000006
CornEd
Fossil Stations
Crawford
Station
Period l97Sthru
1999
Additions /
Transfers amounts
greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description of
Work
Date
Cost
REDACTED
COM000007
P,n,.lnf
S
CornEd
.
Fossil
Stations
Crawford
Station
Period 1975 Ibru
1999
Additions
I
Transfers amounts greater Than
100,000
Work_Order
In-Service
Total
- -
-
-
Location
Number
Description of
Work
Date
Cost
REDACTED
COM000008
CornEd
.
Fossil
Stations
Fisk station
ATTACHMENT
B
Period
1975 thru
1999
Additions /
Transfers
amountsgreater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description
of Work
Date
Cost
REDACTED
COM000009
CornEd
Fossil Stations
Fisk Station
Period
1975
Ibm
1999
Additions / Transfers amounts
greater than
100,000
Work_Order
In-Service
Total
Location
--
--
Number
Description
of Work
Date
Cost
REDACTED
COM0000IO
CornEd
Fossil
Stations
(Fisk
Station
Period
1975
this, 1999
Additions /
Transfers
amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
COM0000I I
CornEd
Fossil
Stations
Fisk
Station
Period
1975 Ibm
1999
Additions / Transfers
amounts
greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description of
Work
Date
Cost
R F;DACTED
COM0000I2
CornEd
Fossil
Stations
Fisk Station
Period 1975thm 1999
Additions / Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Descnption
of Work
Dale
Cost
REDACTED
COM000013
CornEd
.
.
ATTACH1~4ENTC
_FossilStations
Joliet
Station
Period
l975thru
1999
.
Additions!
Transfers
amounts greaterthan
100,000
.
Work_Order
In-Service
Total
Location
Number
Description of
Work
Date
Cost
REDAC TED
COM000014
Pass
of
22
CornEd
FossilStations
Joliet
Station
Period
1975 tlu-u 1999
Additions
I
Transfers amounts
greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
COM000015
~t’1TT~’TI
~1
~T~C~Z’~C
T~(~DA9’5f,l..~”
CornEd
FossilStations Joliet Station
Period 1975 thru
1999
Additions!
Transfers
amounts greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
-
REDACTED
COM00001 6
“CONFIDENTIAL.
BUSINESS iNFORMATION”
Page3 of
22
CornEd
Fossil
Stations Joliet
Station
Periodl975thru
1999
Additions /
Transfers
amounts greater than
100,000
Work
Order
In-Service
Total
Location
Number
--
-
Description ofWork
Date
Cost
REDACTED
COM00001
7
“rnr.IFrnr\,TI~I
an
1r~i~ ThJ1rflRSAATION”
Pasc4 of 22
CornEd
Fossil
Stations Joliet
Station
Period
1975 thru
1999
Additions! Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
COM0000I 8
mi
Th!VCQ
~
P~pe5
of
22
CornEd
Fossil Stations Joliet
Station
Period
1975 thru
1999
Additions / Transfers amounts greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
COM00001 9
—cnn
CornEd
Fossil
Stations
Joliet
Station
Period
1975
thnx
1999
Additions!
Transfers amounts
greaterthan
100,000
Work
Order
In-Service
Total
Location
-
Number
Description ofWork
-
-
Date
Cost
REDACTED
COM00002O
.,rn,c,flT,VC’,~mT
* T
~3T TC’TkTL’OC
YP.Tt’flD~NAT1fl)~3’I
Pa,nt7 of 22
CornEd
Fossil Stations Joliet
Station
Period
1975 thru
1999
Additions! Transfers
amounts greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description
of
Work
Date
Cost
-
REDACTED
COM000021
,snn,rm,~np.rm,Ar1,ne’
Nyrco
,,~,t’flfl*4
*PIflF~it’
paopR of ?7
CornEd
_FossilStations Joliet Station
—
Period 1975 thru 1999
Additions / Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Descriptionof
Work
Date
Cost
REDACTED
C0M000022
n-—.-n-a-nn
CornEd
_Fossil
Stations
Joliet Station
Period 1975 thru
1999
Additions/
Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
C0M000023
‘rwi~rns-l’rr1
Al
01 ICTNSs,Q Ir-rSIsRMA.TION”
PagelO of22
CornEd
FossilStations Joliet Station
Periodl97Sthrul999
Additions /
Transfers
amounts greaterthan
100,000
.
Work_Order
In-Service
Total
Location
Number
DescriptionofWork
Date
Cost
REDACTED
C0M000024
CornEd
-
-
Fossil Stations Joliet Station
Period 1975 thru
1999
Additions /
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description of
Work
Date
Cost
REDAC TED
C0M000025
“rnan~TlWrlrr1AT 1511~T~VV~
l?r~ps,AATum,”
P~~o~~12
of
77
CornEd
-
Fossil Stations Joliet
Station
Period
1975 thru
1999
Additions! Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
-
Number
Description ofWork
Date
Cost
REDACTED
C0M000026
rn~CflI~1T?OO
tTt’flfl
K £
Pa~c1
3 of22
CornEd
-
Fossil Stations Joliet Station
Period 1975thru
1999
Additions! Transfers amounts greater than
100,000
-
Work_Order
In-Service
Total
-
Location
-
—-
Number
Description ofWork
Date
Cost
REDACTED
C0M000027
PaseI4 of22
CornEd
-
FossilStations Joliet Station
Period
l97Sthru 1999
Additions! Transfers
amounts greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C0M000028
Pagel5 of22
CornEd
-
_Fossil Stations Joliet
Station
Period 1975 thru
1999
Additions /
Transfers amounts greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
CO
MO
00029
Pa~cl6of22
CornEd
-
Fossil
Stations
Joliet
Station
Period 1975 thru
1999
Additions! Transfers amounts
greaterthan
100,000
Work_Order
In-Service
Total
--
-
Location
Number
Description
ofWork
Date
Cost
REDAC TED
COM00003O
qflflp¼lVTflL’T..TPt
AT
Dl
TOIML’OC
TI~TrflOflAPTflM’,
-
Pa~e17nf7?
CornEd
Fossil Stations Joliet
Station
Period 1975 thru
1999
Additions! Transfers
amounts greaterthan
100,000
-
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
COM000031
Papel 8 of
22
CornEd
-
-
:F05~
Stations
Joliet
Station
Period 1975 thru
1999
Additions!
Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
-
Number
-
-
Description ofWork
Date
Cost
-
REDACTED
C
OM
000032
‘CONFIDENTIAL BUSiNESS
INFORMATION”
PageI9 of 22
CornEd
-
Fossil Stations Joliet
Station
Pei-iod
1975
thru 1999
Additions! Transfers amounts greaterthan
100,000
Work
Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C0M000033
“(M~TTlW~1’1
Al
Dl
T~IF~Y5’CC
PMAPJIThI’I
PlT,,~7()of77
CornEd
-
Fossil Stations
Joliet
Station
Period 1975 thru
1999
Additions /
Transfers amounts greater than
100.000
Work
Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
C0M000034
‘CONFIrHINTIaT. RI1S~IN8~SS
TNWORMATION’
Page2I of 22
CornEd
-
~Fossil Stations
Joliet
Station
S
Period 1975thru 1999
Additions /
Transfers amounts greater than
100,000
-
Work_Order
In-Service
Total
Location
-- -
Number
-
Description
of
Work
Date
Cost
REDACTED
COM00003S
ComEd
.
ATTACHMENTD
Fossil Stations
Powerton Station
Period
1975 thru 2000
Additions!
Transfers
amounts
greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
RE; L)ACTED
C0M000036
Pt
~!N-~’~
I~F~I~’1
‘~T!flN”
CornEd
_Fossil Stations
(
Powerton Station
Period
1975 thru 2000
Additions /
Transfers
amounts
greater than
100.000
Work
Order
In-Service
Total
Location
Number
Description ofWork
Dale
Cost
REDACTED
C0M000037
~
I~’T \P’T
~1l(~”~’
CoinEd
Fossil
Stations
Powerton Station
Period 1975
tlmi
2000
Additions /
Transfers
amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C0M000038
CornEd
Fossil Stations
Powertori Station
Period 1975 thru 2000
Additions / Transfers
amounts
greater than
100.000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
C0M000039
CornEd
Fossil Stations
Powerton Station
Period 1975 than 2000
Additions!Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
of
Work
Dale
Cost
REDACTED
COM00004O
CornEd
Fossil Stations
Powerton
Station)
Period 1975 than
2000
Additions
I
Transfers
amounts
greater
than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
R F;
DACTED
COM000041
CornEd
Fossil Stations
Powerton Station
Period
1975
than
2000
Additions / Transfers
amounts
greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description of
Work
Dale
Cost
REDACTED
C0M000042
(‘fl~FII)F~1l
\I
ItI~TNFSSlNF()P~.
~
~,l
1~
CornEd
-
_Fossil Stations Powerton
Station)
Period
1975
than
2000
Additions /
Transfers amounts
greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C0M000043
CornEd
_Fossil Stations
Poweilon
Station
Period
1975
than
2000
Additions
I
Transfers amounts greaterthan
100,000
.
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
C0M000044
CornEd
;_Fossil Stations
Powerton Station)
—
Period
1975
thru 2000
Additiona/
Transfers amounts greater than
100.000
Work_Order
In-Service
Total
Location
Number
- -
-
Description
of
Work
Dale
Cost
REDACTED
C0M000045
fiT ‘cT~-i-~~
l~E.(~T)~T!O~’
CornEd
Fossil Stations
Powerton
Station
Period
1975
than 2000
Additiona/ Transfers amounts
greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
uIi;
1)A~(
TED
C0M000046
CornEd
_Fossil
Stations
Powerton Station)
Pei-iod
1975
than
2000
Additions /
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
C0M000047
CornEd
Fossil Stations
Poweiton
Station
Period
1975
than
2000
Additions / Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description
of
Work
Date
Cost
REDACTED
C0M000048
CornEd
_Fossii
.uitionsPoweston
Station
PeriOd
1975
than
2000
Additions
I
Transfers amounts
greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
CGM000049
~~C(
~NFII)F’\’T1AI
DI
1r.~S
INFORM
‘~TION”
CornEd
_Fossil Stations
Powerton
Station
Period
1975 thni
2000
Additions /
Transfers
amounts
greater.than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Dale
Cost
REDACTED
COM00005O
CornEd
Fossil
Stations
Powerton Station
Period
1975 than
2000
Additions / Transfers asnounis
greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description of
Work
Date
Cost
REDACTED
COM00005I
CornEd
_Fossil Stations
Poweiton
Station
Period 1975 than 2000
Additions /
Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
- -
--
Description ofWork
Date
Cost
REDACTED
C0M000052
CornEd
Fossil Stations
f
Powerton Station
Period
1975
thru 2000
Additions
I
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
-
Number
Description ofWork
Date
Cost
REDACTED
C0M000053
ComEd
-_Fossil Stations
Powerton
Station
Period
1975 Ibni
2000
Additions / Transfers amounts greater than
100,000
.
Work_Order
In-Service
Total
Location
Number
Description of Work
Dale
Cost
REDACTED
C0M000054
IT
ITT
ICT\’PI~V
T’S’I’flI
CornEd
._Fossil Stations
Powerton Station
Period
1975 thru
2000
Additions /
Transfers amounts greater than
100,000
.
Work
Order
In-Service
Total
-
-
Location
_____
Number
Description of
Work
Date
Cost
REDACTED
C0M000055
ComEd
_Fossil
Stations
Powcrton
Station)
Period
1975 than
2000
-
Additions
I
Transfers amounts greater than
100,000
WOtk_OI*I
In-Service
Total
Location
Number
Desciiption
ofWork
Date
Cost
RE DACTED
COM0000S6
Fossil
Stations
WaukeganStation)
S
Period 1975thru
1999
Additions! Transfers amounts
greater than
100,000
Work_Order
In-Service
Total
Location
-
-
-
Number
Description ofWork
Date
-
Cost
REDACTED
COM 000057
“CONFIDENTIAL BUSINESS INFORMATION”
-
-
Paget of
16
CornEd
Fossil Stations
Waukegan Station
Period 1975 than
1999
Additions!Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
--
Date
Cost
REDACTED
COM0000S8
“CONF1I)I~’NT1AT.
HIJSINF.SS INFOPMATION
Pac’c2
of
16
CornEd
Fossil Stations
Waukcgan
Station)
Period 1975
than
1999
Additions /
Transfers
amounts greaterthan
100,000
Work
Order
In-Service
Total
Location
-
-
Number
Description of Work
Date
Cost
REDACTED
-
COM0000S9
‘.(-nNi~-rns’r.rrtM
RhI~I~’Jt~~
Ir’JFflPMaTION”
Pa~~c3
of
16
CornEd
-
Fossil Stations
Waukegan Station
Period
1975
thru
1999
-
Additions / Transfers
amounts
greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
COM00006O
CornEd
Fossil Stations
Waukêgan Station
Period
1975
thru
1999
Additions /
Transfers amounts
greater than
100,000
Work_Order
In-Service
Total
______
Location
Number
Description ofWork
Date
Cost
REDACTED
COM00006I
Pape5
of
16
CornEd
_Fossil Stations
Waukëgan Station
Period
1975 thru
1999
Additions / Transfers amounts greaterthan
100.000
Work_Order
In-Service
-
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C0M000062
so
r.~ec.e
INCflPSAATION”
J’atr6
n116
CornEd
Fossil Stations
Waukegan Station
Period 1975
thru
1999
Additiona/
Transfers
amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C01V1000063
1ac’r7
of
I
CornEd
Fossil Stations
Waukegan Station
Period
l975thru
1999
Additions! Transfers
amounts greaterthan
100.000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
--
Date
-
Cost
-
REDACTED
C0M000064
Papet
of
I
6
CornEd
Fossil
Stations
Waukegan Station
Period
1975
thru
1999
Additions/ Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
-
Description ofWork
Date
Cost
REDACTED
COM00006S
•‘CflNI1I)TIAI.RIJS1NFSSINFOP!IIA,iIIrw’
-
l’a~e’lol
16
CoinEd
-_Fossil Stations
Waukègan Station
-‘
Period 1975 than 1999
Additions /
Transfers amounts greater than
100.000
Work_Order
In-Service
Total
Location
Number
Description of Work
Date
Cost
REDACTED
C0M000066
•‘rnNrJnvN-rIal
-
HI
1S1N1~SSIr’JFOPMATIOF.4”
PapelO
of
16
ComEd
-Fossil Stations
Waukegan Station
Period
l97Sthru
1999
Additions / Transfers
amounts
greaterthan
100,000
Work
Order
In-Service
Total
a
on
Number
Description ofWork
Date
Cost
REDACTED
C0M000067
.Tflfl~,EIflL’~rr,
I
1)1
TOT
~TLOO
I~TL’flO~4APIflM”
-
E’agcll of 16
ComEd
Fossil Stations
Waukçgan Station
Period 1975
than
1999
Additions /
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
COM00006S
ContEd
_Fossil Stations
Waukegan Station.
Period 1975 than
1999
Additions / Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
-
Date
Cost
REDACTED
C0M000069
Papclt of
16
ComEd
Fossil Stations
Waukegan Station
Period
1975than
1999
Additions
I
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
COM00007O
PapeI4 of 16
CornEd
Fossil Stations
Wauk~gan
Station
Period
1975 thin
1999
Additional Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
-
--
Location
Number
Description of Work
Date
Cost
REDACTED
COM00007J
“enNFInvr’JTIAI.rn
ISINJPSS
INFORM
Papel 5 of 16
ComEd
Fossil
Stations
Waukegan Station
Period
1975thru1999
Additions
I
Transfers amounts greaterthan
100,000
Work_Order
In-Service
Total
Location
Number
Description ofWork
-
Date
Cost
REDACTED
C0M000072
CornEd
Fossil Stations
I
Will County
Station)
ATTACHMENT F
Period
1975
thru 2000
Additions
/ Transfers amounts
greater than
100,000
In-Service
Total
Work_Order
-
aton
Number
Description
of Work
Date
Cost
REDACTED
COM 000073
CornEd
Fossil Stations
(
Will
County Station
Period
1975
than
2000
Additions /
Transfers amounts greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description
of Work
Date
Cost
R F 1)ACTED
COM0O~ø74
CornEd
Fossil
Stations
Will
County
Station)
Period
1975
than 2000
Additions / Transfers
amounts
greater than
100,000
Work_Order
In-Service
Total
Location
Nurnber
Description of Work
Date
Cost
REDACTED
C0M000075
CornEd
-
Fossil Stations
Will County Station
Period
1975
lluu 2000
-
Additions /
Transfers amountsgreater than
100,000
-
Work_Order
In-Service
Total
-
Location
-
Number
Description
of Work
Date
Cost
REDACTED
C0M000076
CornEd
_Fossil Stations
Will County Station
Period
1975
thru 2000
Additions
I
Transfers
amounts
greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description
of Work
Date
Cost
REDACTED
C0M000077
CornEd
Fossil Stations
Will County Station)
Period
1975 Ibru 2000
Additions /
Transfers
amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Dale
Cost
REDACTED
COM00007S
CornEd
Fossil Stations
I
Will County Station)
Period 1975 thin 2000
Additions
I
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
1.ocation
Number
Description
of Work
Date
Cost
REDACTED
C0M000079
CornEd
Fossil Stations
I
Will County Station)
Period 1975 than
2000
Additiona/ Transfers amounts
greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
COM00008O
CornEd
Fossil
Stations
I
Will County Station
Period 1975 thru 2000
Additions / Transfersam~- ta greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
REDACTED
COM00008I
CornEd
Fossil
Stations
I
Will County
Station
Period 1975
thru 2000
Additions / Transfers amounts
greater than
100,000
-
Work_Order
In-Service
Total
Location
Number
Description ofWork
Date
Cost
REDACTED
C0M000082
CornEd
Fossil Stations
Will County Station
Period
1975 thru
2000
Additions /
Transfers amounts greater
than
100,000
Work_Order
In-Service
Total
Location
Number
Description
of
Work
Date
Cost
REDACTED
COM 000083
IT
‘..
I~IfTT)k
CornEd
Fossil
Stations
I
Will
County Station)
Period
1975 than
2000
Additions / Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description
ofWork
Date
Cost
RE DACTED
C0M000084
CornEd
Fossil
Stations
Will
County Station
Period
1975 thin
2000
Additions
I
Transfers amounts greater than
100,000
Work_Order
In-Service
Total
Location
Number
Description of
Work
Date
Cost
REDACTED
C0M000085
ATTACHMENT
2
-j
.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
E,’~si,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHICAGO,
IL
60601, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
217/782-5544
-
217/782-9143(TDD)
~
•
-
February 26,2004
3///y..
Byron F.
Taylor
-
-
-
Sidley
Austin Brown and
WoodLLP
Bank
One
Plaza
10 South Dearborn
Chicago,
illinois
60603
Re:
Commonwealth Edison
Dear Mr.
Taylor:
The Illinois Environmental Protection Agency (“Illinois EPA”) is in receipt ofCommonwealth
Edison’s (“CornEd”) January 30, 2004, response to theUSEPA Section
114 ofthe Clean Air Act
informationrequest, which was dated February 13, 2003.
CornEd claimed all information
attachedto the cover letter and response as “confidential businessinformation”, however, the
claim was not properlyjustified pursuant to the illinois Pollution Control Board (“Board”) trade
secret regulations.
(35
Ill. Adm. Code Part 130)
The illinois EPA is herebyrequesting a statement ofjustification within 10 workingdays of
receiving this letter as the illinois EPAhas received a FOIA request pertaining to the Section
114
request response.
(35
ill. Adm. Code 130.201(a) and
130.202(a))
Specifically, on February
12,
2004, the Illinois EPA received a Freedom ofInformation Act (FOIA) request from the Sierra
Club seeking the responses ofMidwest Generation and CornEd to USEPA’sSection 114
information request.
Upon receipt ofthe statement ofjustification and until such time as the
Illinois EPAhas made a final trade secretdetermination, the documentswill be protected from
public disclosure.
(35
111.
Adm. Code 130.200(d))
In order for materials to be claimed confidential ortrade secret, the requirements of35
Ill. Adm.
Code Part 130, Identification and ProtectionofTrade Secrets and Other Non-Disciosable
Information, must be met.
The Board regulations require that a statement ofjustification
accompany the
submission ofany trade secret or confidential information orbe submitted upon
request by the Illinois EPA.
In addition, CornEd must mark the documents in accordance with
35 Ill. Adm. Code 130.302.
ROCKFORO
—4302
North
Main
Street,
Rockford, IL 61103— (815) 987-7760
-.
DEs
PLAINES
-.9511
W.
Harrison
St.,
Des Plaines,
IL
60016—
(847) 294-4000
ELCIN
—595
South State,
Elgin,
IL 60123
—
(847)608-3131
•
PEoRIA
—5415
N. University St.,
Peoria,
IL 61614— (309) 693-5463
BustAu
OF
LAND
-
PEORIA
7620
N. University St., Peoria,
1161614— (309) 693-5462
•
CHAMPAICN
—2125
South
First
Street, Champaign,
IL61820—
(217)
278-5800
SPRINGFIELD
—4500 S.
Sixth Street Rd.,
Springfield,
IL 62706
—(217) 786-6892
•
COLLIF.ssvlLLE
—2009 MaIl Street, Collinsville,
IL
62234
—(618) 346-5120
MARION
—2309W. Main
St.,
Suite 116, Marion,
IL 62959 —(618) 993-7200
-
PRINTED ON
RECYCLED
PAPER
Specifically, thestatement ofjustificationmustcontaina detailed descriptionofthe procedures
usedbyCornEd to safeguard the article frombecoming available to persons other
than
those
selectedbyCornEdtohave accessthereto for limitedpurposes; a detailed statement identifying
the persons orclass ofpersons towhomthe article
has
beendisclosed; a certification thatCornEd
has
noknowledgethat the article
has
everbeenpublished or disseminatedor
has
otherwise
become a
matter
ofgeneral public knowledge; a detaileddiscussion ofwhyCornEdbelieves the
article tobe ofcompetitive value;
and any
other information thatwill support the claim
(35
Ill.
Mm. Code 130.203).
Ifyouhave
any
questions orconcerns regarding
this matter
please do not hesitate to contact me.
Chris
Pressnall
Assistant Counsel
Division ofLegal Counsel
cc:Neena J. Henmiady,CornEd
ID file
ATTACHMENT 3
•.---
Andrew N.
Sawula
•
(312)
258-5577
Email:
asawula@schiffhardin.com-
VIA FEDERAL EXPRESS.
-
• Chris
Pressnali-
-
Assistant CounseL.
-
-
Illinois
Environmental Protection Agency
-
1021
North Grand Ave. East:
P.O. Box
19276
Springfield, IL 62794-9276
1
•)
I
March
11, 2004~
Re:
Midwest Generation EME,
LLC
FOIA Request from
Sierra Club
--
1~1idwest
Generation’s Statement of
Justification
•DearMr. Presnall:
I am
writing
on
behalf
of Midwest
Generation
-
EME,
LLC
(“Midwest
-
Generation”) to provide a Statement of Justification for its
-
claim of business--confidentiality
concerning information (the “Confidential Information) that CommonwealthEdison
(“CornEd”)
submitted
in
response to
a request for information (the “Information Request Response!’) from
the
United
States
Environmental
Protection
Agency
(“TJ~S-.EPA”)
-.
hi ~this-Statement of
Justification, as
required by
35
Ill Admin
Code
§
130 203,
Midwest
Generation
describes the
-
--
procedures it uses
to-
safeguard the Confidential. Information,
explains, the competitive value of
the Confidential Information and identifies the people
to whom the Confidential Information has
been disclosed.
I attach a certification by Fred McCluskey, on behalfofthe Company, that upon
information and belief, the Confidential Information has not been published or disseminated, and
has not otherwise become a matter of general public knowledge
(See Attachment A
I.
Procedures for Safeguarding Information (35 lit
Admin. Code
§
130 203(a))
Since Midwest
Generation’s
incorporation, Midwest Generation’s
corporate
policies have required all employees to closely guard confidential and
proprietary
mformation
From its incorporation until
January
5, 2000, Midv~estGeneration followed
the
policy of its
parent, Edison Mission Energy (“EME”), which is attached to
this
letter as
Attachment
B (the
“EME
Confidentiality Policy”) On January
5,
2000, Midwest Generation implemented ita
own
policy,which is attached to this letter asAttachment C (the “Midwest Generation Confidentiality
Chris Pressnall
March II. 2004
Page 2
Policy”).
In accordance with
these policies, confidential
and proprietary
information could only
be
disclosed
to
Midwest Generation
employees
and outside contractors
“who need to know the
information to
carry out
their duties.”
The
policies
explain
how
to
identify
confidential
and
proprietary
information,
and
what
steps
employees
are
required
to
take
to
safeguard
the
information.
In Spring 2002, Midwest Generation implemented an additional. confidentiality
program that is managed by Edison International
(“EIX”),
which- is
the parent cQrporation of
both Midwest Generation
and
EME.
This program is
known
by the acronym ACT-
—
Assess,
Classify,Take Action.
Currently, both
ACT and the Midwest Generation Confidentiality Policy
safeguard the Confidential Information from public disclosure’.
WThen-
.
ACT
went
into
effect,~,
each employee was required
to attend a
training session to learn how to. (1) Assess the
information he or she handles, (2) Classify that information as
publics
internal,
or
confidentiaIj~.
and (3) Take appropriate action, based on the informati~Jn’sclassificatioit. A brochure detailing~:
the policy
and
procedures of theACT program is attached as
Attachment
I). Underthis policy,
confidential
information may be communicated to employees
only
when
they
“need
the
information to
perform
their
business- duties.”
Confidential information~ further, may be
communicated to non-employees only
if “(1) the person or entity needs
the-
confidential
information to conduct its business with or for thecompany,
and
(2) a non-disclosure agreement
is executed by the person or
entity
or if other appropriate steps; approved by the company law
department, are taken to ensure that confidentiality is maintained..”
-
In July 2003, the Company implemented a new
electronic mail
retention policy
(the “Email Retention Policy”) to supplement
ACT
and
th&Midwest Generation Confidentiality
-
Policy.
Under the Email Retention Policy, each employee’s electronic mail is automatically
deleted 60 days after creation of the
file,
unless the employee saves the file to his or herhard
drive. Once saved to a
hard drive,
that file is subject to the Company’s
standard
record retention
policy, which is attachedasAttachmentE.
II.
Discussion
of Competitive Value and
identification,
of People to whom Information.
has been Disclosed
(35
IlL Admin. Code
§~
130.203 (b), (d))
-
-
In
its
Information Request Response,
CornEd- submitted
excerpts
froni.ComEd’s
Continuing Property
Record
-
(“CPR”),
which
CornEd
identified- as,-“Confidential.
Business
Information.” These portions of theCPR pertain to severalMidwest
Generation Power Stations
(namely, Crawford, Fisk, Will County, Joliet, Powerton and.Waukegan)~
-
These portions of the
CPR serve dual functions.
To CornEd, the
CPR
provides
information necessary
for
financial
reporting,
tax and regulatory purposes.
Moreover, the CPR records many sensitive aspects of
CornEd’s
historical
business
practices.
To Midwest
Generation,
the
CPR
is
the
most
Chris
Pressnall
March
11,2004
-
Page 3
comprehensive source of information about the equipment installed at
the fossil plants and the
dates of installation, and relates to the ongoing operation and maintenance of the plants.
This
portion of theCPR possesses competitive value forMidwest Generation because, by looking at
the
nature
of
the
projects,
competitors
can
accurately
assess
Midwest
Generation’s
environmental
control
strategies
and
can
assess whether the
projects
will
shift Midwest
Generation’s
cost
position
in
the
marketplace.
Further,
if
this
information
is
released,
competitorsmay be able to predic.t theCompany’s future maintenance costs, giving other power
producers and utilitiesa competitive advantage.
Pursuant to
the Asset Sale Agreement between CornEd
and
Edison Mission
Energy as to Fossil Fuel Generating Assets, CornEd providedMidwest Generation a copy ofthe
portions ofthe CPR that relate to Midwest Generation’s stations. While CornEd retains a copy,
as it is legally required to,
it uses these portions of theCPR solely for financial reporting,
tax and
regulatorypurposes and is contractuallybound not to use it to Midwest Generation’s competitivø
disadvantage. MidwestGeneration only recently received theCPR from CornEd
and
hasnever
provided it to
any
third party.
Internally,key personnel in the following departmentshave access
to pieces of information from this portion of the CPR on
an
as needed. basis~operations,
operations engineering, accounting
and
finance.
Thank you
for safeguarding
the
Confidential
Information.
Please feel
free
to
contact me
ifyouhave
any
questions.
-
-.
..
.
.-
Very truly yours,
-.
-~.
..
-
Andrew N. Sawula
ANS:dm
-:
-
Enclosures
.
~.
-
...
-
.
cc:
Sabrina
Argentieri.
Becky
Lauer, Midwest Generation
Fred McCluskey,Midwest Generation
Byron Taylor
Jane Montgomery
CH2\ 1093274.1
4,
‘I
4-
Certification
I, Fred W. McCluskey,
do state as follows:
1.
I
am the Vice
President, Technical
Services,
for Midwest
Generation
EME, LLC (the
“Company”) and I am authorized to execute this certification on behalfofthe Company.
2.
The Company is the owner of the information described in the Statement of Justification,
for
which
information
the
Company
claims
trade
secret
protection
(the
“Confidential
Information”).
3.
Upon
information
and
belief,
the
Confidential
Information has
not been
published or
disseminated, and has not otherwise become
a matter ofgeneral public knowledge.
Dated:
March 10, 2004
H
4~9~
red W. McCluskey, Vic~ident
CH2\ 1070705.1
--
~
~
~-~-:
ATTACHMENT. II
H
Sent By: Midwest Generatiora
3125834998;
‘)-16.04 12:48PM;
Page 5/5
I,’.
Edison
Mission Energy
-Approved
02/14/1997
-
Corporate Policy Statement
‘.•
•.
-
Nurnb~
1000.013
Supevsede~
1000.013
DMed
08/09/1990
.
-
Approved
By
E. R. Muller
CONFIDENTIAL AND PROPRIETARY
INFORMATION
.
EME
-Is engaged
.~
the independent power production industry, which is highly
competitive.
Accordingly, certain aspe~ts
of EME’s business operations are confidential
and proprietary and must be disclosed only to EME’employees who need to know:the
information to catty out their duties.
In particular,
access lo confidential and proprietary information that is not generally
known to
EME’S
competitors
and that concerns:
-
EME’s business strategy, deveIop~ent
plans, finances, or operating procedures;
-
the detailed structure or financing of EME’s business deals; or
-.
other
EME information with actual or potential economic value
must be restricted to those
EME employees with a need to know.
~eföre they gain access to conhiden~!
and proprietary information, EME
-employee
s
must.agree
in wriling not to rnis~ppropiiaie
or improperly disclose such infOrmation.
either during or
after
their EME employment
After they gain access to confidential
information,
employees must take every reasonable step to keep it confidential.
In.
-
addition, employees are forbidden from disclosing to
EME
or otherwise
mis~ppropriati.ng
any confidential, proprietary or trade secret information belonginglo a
former employer.
Confidential and proprietary information may be contained in verbal communications,
‘employees’ unwritten knowledge, traditional written or printed materials, or electronic
databases.
Because so much confidential information is stored in them, EMF~
employees should treat all computer files
as confidential.
No employee should ever
grant unauthorized access to a company computer, disclose his or her password to
someone other than an EME information technology. employee, or compromise-any
computer security device.
Employees should refrain from copying any document or computer file labelled
~cönfidential~
unless the EME vice president responsible for the matters addressed in
the document or file approves the copying.
•Sent By:
Mid~’estGeneratlo’”
.
-
.
3125834998;
).16.04 12:48PM;
Page
616
Likewise, employees must gal approval from the responsible vice president before~
sharing confidential information with anyone outside
EME
--
including euppliere,
--customers, or
partners
—
or with any EME employee whose need to know the
.
infomialiOfl is not readily apparent.
F~naHy,employees should resohre any doubts about disclosing confidential or
proprietary information
in favor of nondisclosure,
and should refer the disclosure
question to either the responsible vice president or the legal department.
Edison
Mission
Energy
reserves-the
right
and retains full
discretion tâ
revue,supplement orrescind this
policy
at any
lime.
—EL. ISO N
MISSiON
ENEROY
An
EDISON
S
T.R.\’#~
TION~4I.~w
Company
tfltice:
Americas
Section:
Section
2:
BUSINESS CONDUCT AND ETHICS
ATTACHMENT C
II
‘a
)
$11
ATTACF~MENT
C
-
.Sent
By: Midwest Generation;
3125834998;
J’~-16-O412:47PM;
Pege 2
Midwest
Generation
EME,
LLC
bale
Approved
01/O~/2O0O
Corporate Pdilcy Statement
Number
1000.013
Apprc~v~d-By
G.
A.~
Nelson
CONFIDENTiAL AND PROPRIETARY
INFORMATiON
•
Supersede.
Deted
Midwest Generation is engaged in the
independent power production industty, which
-
is- highly competitive,
Accordingly, certain
a~p:ects.
of Midwesi Generation’~
business
operationS-.arG confidential and-proprietary and
must -be disclosed only to Midwest Generation
employees who -need to know the information
to carry out-their duties.
iri.páiiicular, access to confidential and
proprietary
information that is
not generally
known to Midwest Generation’s competitors
and that concerns:
-
Midwest Generation’s business
strategy,
development
plans, finances, or
operating procedures;
-
the detailed structure or financing of
Midwest Generation’s business
deals; or
--
-
-
other Midwest Generation
information
-
with actual or potential economic value
mustbe restricted to those Midwest
-.
Generalion employees with a
need to know.
-
~è1orè
they gain
access to confidential and
-
-
proprietary information, Midwest Generation
•
-
employees must agree in writing- not to
ml~approPflateor improperly disclose such
-
information either during or after
their Midwest
GeneratiOflernPlOYmeflt.
After they gain
access to confidential information, employees
)
-
~ent By: Midwest Generation?
3125834998;
.i~n-16-O4 12:48PM;
Page 3
must
take
every reasonable step to keep
it
-
-
confidential.
In addition, employees are
forbidden from disclosing to Midw~~t
Generation
or
otherwise
rnisappro~a~irrg
any
confide~ntiaJ3proprietary or trade secret
inlorm-atlon belonging
to a former employer.
Confidential and
proprietary information may
be contained in verbal communications,
employees’ unwritten knowledge, traditional
written or printed materials, or electronic
databases.
~ecause
so much confidential
information
is
stored
in them,
Midwest
•
-
GeneratIon
employees should treat ~ll
-
computer
files
as confidential.
No employee
•
•
•
should ever grant unauthorized access to a
-
company computer, -disclose his or her
password to someone other than a Midwest
Generation. informailon technology employee,
or compromise any computer security device,
Employees should refrain from copying any
document or cornputeT file labelled
MconlidentialN
unless the Midwest Generation
•
.
vice-pTesident responsible
for the matters
-
addressed in the document or file approves the
-
.
-
copying.
Likewise, employees must gel appr&.~al
from
the responsible vice president- before sharing
confidential information with anyone outside
Midwest Generation
--
including suppliers,
customers, or partners
--
or with any
Midwest
-
~3eneiation
employee
whose, need -to know the
information Is not ieadily apparent.
Finally, employees should resolve any doubts
about-disclosing confidential or proprietary
information
in favor of nondisclosure, and
should refer the disclosure qi~estionto the
responsible
vice
president.
Midwest
Generation EMEI, LLC
rssrvs
h,
right to modify,
-
aupptemenl.i-.~clnd’
or
reviss-any
provision
ol this policy as It d~ems
necessary
or
• approprilte
—
-in
Its-~liicretIon
except
the
erbltretlon-atid-emp$oyment.aI-wiII
)
•
•)
-
Sent
BY:
Midwest-
Generatiol
~
-
--
3125834998;
-
-
~~16~O4
12:48PM;
Page
4/6
poIiciss.
-
~i’MlDWES1
S
-
•
~.
i
GENERATION
EME, LIC
-
-
-
S
Ml~DISONThi7F.RNAflOCi*ups,~
•
Oil
ice:
Chicago
-
-
-
Section:
Section 2:
BUS
INESS-CONOUCT
AND
ETHICS
•
-
:~
•
•
•
S
••
S
-,
H:~:H
S
•
5:
••
55~
•flS
S
5’
ZS
S
-
•
S.
•
5-
~-
S
-
•
S...
S
‘•
5
5
~z-
-
‘-5
••
:Hs
S
S
-
S
--
5555
-
5555
•
-
S~S~’
S
S
•
SI
(
c
~
S
.4
4~t
-:
.
~~4
SS
•~
I
—55--
________
J
)
0
EDISON
IN1ERNA1IONAL~
Information
Management
S
-I
)
-
-
.
Resources
‘
•
~
~
-
Information
Management Web site
hllps://myedison.net/cpi/policies/act/act,s
html
Information
Management Answer Lines
1-800-249-5989
(U.S. only)
5
5
1-626-302-1781 (outside
U.S.)
S
Specific company information
Your manager or supervisor
S
I
~,,
S
________j_~._~_,
—
-
_
...
.
4
Dear Fellow Employee:
‘
I
-
Information is
one of our company’s most valuable
assets
—
one
that we
all
have a
responsibility
to manage and protect. To help
carry out
our
responsibility, we
established
the Information Management
Program.
The
programs policy
and
procedures
are
detailed
in this
brochure.
I
urge
you
to
read
it
to learn how
to ACT:
~:..
-
S
S
Assess
the information you
handle.
S
Classify that
information
as
public,
iniezpal, or confidential,
Take appropriate action, based
on the information’s classification.
If you have
questions, contact one ofthe
Answer
Lines listed
above.
Protecting information
depends on
all
of us.
S.
John E. Bryson
S
S
-
Chairman, President
and Chief Operating
Officer
Edison International
S
S5~
5
What
Is
It?
jl)mation
that, if inappropriately disclosed, cou.
)vide
an opportunity
to
gain
an
unwarranted
economic advantage over
others or would
have
a
significant advesse impact
on
the
company’s business, legal,
financial,
or competitive position, or on
its
shareholders
or employees.
Confidential
information includes
all
information acquired
or
generated
by the
corporation that
is protçcted by privacy laws,
confidentiality agreements,
and
legal
privileges, including trade secrets.
-
-
-
-
Examples
•
Information
on develo~mern/acquisitionactivity
•
Strategic plans and
information
•
Plant availability and
power marketing data
•
Terms and structure of commercial contracts and financing
agreements
~1
Many employee records
Who
May Have
laxernally:
Confidential
information should
be
communicated only to
Edison
Access?
International employees who
need to know it
to
perform their
business
duties.
Externally:
Confidential
information
may be
communicated
to
a
non-
employee only
if the
person or entity needs to
know the
information
to
conduct
its
business with or for Edison
International;
and
only if
a
non-disclosure
agreement is
executed by
the
person or
entity or
if
other appropriate
steps,
approved by
the
Law
Department, are
taken to
çnsure that
confidentiality is
maintained.
S
S
Confidential Information continued
on
next
page
_____7__Confidential Inforirnii’on
S
S
L
r
L
Confidenti
Information
(continued)
• -
How Can It Be
.-
.•
Verbally
“‘
Communicated?
•
Paper copy
•
Faxes:
All sheets, including the cover
sheet, must
be labeled “confidential.”
•
E-mail:
Can
be transmitted interpa~l~y
and
externally to qualifIed
receivers. Encryption
and passwi~-1protection are preferred.
-
•
Transmitting ~‘~roke’mail,
cellular phone, or
two-way radio
is discouraged.
How
Can
It Be
•
Label
each
page of a 1-sard copy document
“confidential.”
.
Protected?
•
Workstations
must have security features to prevent
unauthorized
access when the
•
authorized user
is absent.
.
-
•
Electronic documents must
have an
on-screen notation identifying the information as
“confidential.”
-
S
-
S
How Should
It
All
confidential information should
be stored in
a manner that
prevents accessby:
Be
Stored?
unauthorized people who
do not have
a
need to know~
Are
There
Confidential
f~.Imation
should1tç 1etained only for
as longas
needed for
business,
Retention/
legal, tax, audit, or
archival
purposes; hard copy confidential information should then be
Destruction
shredded, and confidential Anformation in electronic form should then be
deleted.
Au
-
Requirements?
confidential customer information
must
be shredded when is
is no longer
needed.
Electronic confidential customer information, which
is no longer needed,
muss
be ddeted
by
erasing or otherwise modifying the
personal information
in the
records sothat it is
unreadable or indecipherable through any.means.
.
S
II,
S
I,
s__
S
~
-
Wi~
~
~
I
information
that is neither
public
nor
confide..)
Organization charts
-
Employee lists and
internal telephone directories
Activity reports
-
S
Training manuals
and
handbooks
S
Procedure and policy statements
-
-
-
S
~
Drafts of material that
is intended
for
release’ to the public but
is not final
and
-
-
S
has not yet
been
releathd-
-
-
-
(1:
v~V
F:~’~
Internally:
Internal
information may be communicated to Edison
International
employees.
-
.
Externally:
Internal information.may be communicated to outside parties
only if those parties need access to
it-
to conduct business for or with Edison
International.
S
How Can
~t
Be
•
Verbally
-
•
-
Con~munic~tec~.?
~-
Paper copy
~Fax
S
•
E-mail
•
S
•
,~r..
,L1.-t.,IL.
Internal
documents
don’t need to be marked “internal,” but faxes
should
be
marked
Marks
with
a notice stating that
the document
is for internal
use and, if received in error, the
S
Need ec~
sender should
be.notified
immediately.
.
5
-
-
-
-
Internal Information
continued on
next
page
-
.
5
5
‘1’
S
-
~IISS
~
—-~.
~
—
~
~
I
Internal Information
(continued)
II
)
How
Should
!t
Be Stored?
Are There
Retention!
Destruction
Requirements?
Internal doot~entsshould
be stored in
a
manner that
reasonably prevents access by
non-employees.
(~
Paper copies of internal documents may -be
recycled or
otherwise discarded
as
appropriate.
°
Electronic files
should be
deleted.
~
I
I
II
I
I
~S)
-
5
5)
5
What
Is
It?
Examples
Who
May Have
Access?
How Caji
It
Be
Communicated?
Are
Protective
Marks
Needed?
How Should It
Be
Stored?
,)3rmation
that
is created or
received by the
co
)on
that was developed
and
intended
for public
distribution and
that
has been
reteased
w
thepublic.
Company brochures and ~narketingmaterials
Edison International Annual Report
and
most SEC
filings
(10-Ks and
IO-Qs)
•
Edison News
•
Press
releases
-
Caution
--
Drafts
and interim
versions
oj’documenrs intended
to
be
made
public1
but
which -have
no:yet been
releaseeh are
I’/OTpublic information.
Anyone may have access to public information.
•
Verbally
•
Paper copy
•
E-mail
‘Fax
S
‘
There
are
no restrictions on handling public
information.
•
S
No.
I
‘
5.
-
There are
no restrictions on storing
public information.
S
S
-“i
—
I
L
I
L
)
I’
II
L
1.
‘What are
the three in
rmanion
classifications
•
~
used
by
Edison International?
j~
All information
in the company
falls into one of
-
f~.three
classifications:
confidentiaL internaL
or
I
-
•
public.
•
~
2. Who is
responsible for classifying information?
~
j~.
The employee who
generates or
initially receives
t~.the
information
is responsible
for classifying it.
~
3.
Who actually “owns” the
information?
-
‘~
J~Allinformation
that an
employee generates or
-
~acquires
through
the performance of his or her
business duties is the property of Edison
International. It
does not belong
to any
individual,
department, or
business unit;
it
belongs
to the
corporation.
S
CONFIDENTIAL INFORMATION ISSUES
f~.
4. What is considered confidential information?
S
~
~
Confidential
information is that
which, if
S
rkinappropriately disclosed, could
provide an
S
opportunity to gain
an unwarranted
economic
-
•
advantage over others or would have
a
significant
impact
on our
business, legal, financialor
competitive
position, or
on
our shareholders or
employees.
Confidential
information
includes all
information acquired
or
generated
-by
the
corporation that
is protected
by
its
privacy laws,
confidentiality agreements,
and
legal
privileges,
including trade secrets.
5. What are some
examples of confidential
~information?
S
ll~:
Plant ava~...
i
ity-and power marketing data
tt.
Strategic plans
and information
•
Information on development/acquisition
activity
•
Terms and structure ofcommercial
contracts
and financing agreements
•
Many employee records
6.
Am
I
required to label every
page of
every
-
~_L-document
with its appropriate classification?
No. Only
confidential
information must have
t~.its
classification
clearly labeled
on
each page.
~ 7.
The policy
states
that
fax
transmission of
~...Lconfidential
information
is permitted as
long as
the
sender
takes steps
to eñsurë that the confidential
information
will reach
only
the intended
recipient.
What are those steps?
S
There
are many steps
you
can
take to ensure
b~t;thata
confidential
fax goes
only
to the intended
recipient
and
its
confidentiality is protected.
TI-ic
steps yçu take will depend on the circumstances
surrounding its sending, the
recipient, and
the
sensitivisy of
the
confidential
information
S
involved. Here arc
some general
examples
and guidelines:
-
-
•
Always
send -the
fax
to
a
particular individual,
not
to a
general location, address,
or
company.
•
•
Always
double-check the accuracy of fax
transmittal numbers before sending, and
-
carefully enter the
number on
the machine.
.
Always
use
a
fax
cover sheet and
clearly mark
the
cover sheet
“confidential.”
•
Always
note
on
your fax
cover sheet that
the
-
attached
information
is
intended only for
the
FAQs
continued on
next
page
Frequently Asked
Questions
:“~
-:1
.1
555)
FAQs
(continued)
indicated recipient, and must be dtti4~red
promptlyto that
individual.
It
is also
a good
•
•
•
idea
to
request that
if the
fax is
received
by
someone else,
that
the sender be
contacted
and the
inadvertently receive4~ax
and
any
copies
be
returned
by
mail.
(In
ifj~j
cs~c~
your
fax
cover
sheet should also include the
-
sender’s
mailing address and
a
contaFt phone
number.)
-
•
Where the receiving end of
the fax
is
a
busy
-s-
location and
the information to be sent is
particularly sensitive,
one reasonable approach is to
contact the recipient ahead of time to ensure that
he or she can
immediately pick
up the
fax as
soon
as
it
is sent, and contact the
sender to confirm its
receipt.
-
8.
Can
I
e-mail confidential informati~mi?
‘A
j~
Confidentialinformation
may
be transmitted
rtby
e-mail no
a recipient inside and outside of
the company.
However, encryption
and/or
password protection of such
messages, if
availabie,
is preferred
for both internal and external
e-mail
transmittal, to help protect against unauthorized
interception
of confidential e-mail messagcs~
Your
IT department
can
give you
information
about
the
•
•
availability of encryption and password protection.
You
should
be
aware,
however, that
even these
protections
aren’t
foolproof, and that
there ar~
more
secure methods
than
e-mail
that may be
better for transmitting
highly sensitive
information
under many circumstances.
~
9.
1
will
be contracting with an outside vendor for
~
project
in our
department
This
project
requires
-
that
the vendor have
access to certaint-confidential
information in order
to complete the
worl~
identified in the
contract. Does this policy prevent
me from
disclosing that
information?
No. You may provide the vendor with the
• ~required
confidential information so long as:
I) the vendor needs
no
know the
specific
information in order to conduct his or
her business
with Edison International, and
S
2) the vendor signs a nondisclosure agreement
or
takes other appropriate action, approved
by
the
-.
-
Law Department, to ensure that the
information
remains confidential.
f~
10.
Can
use a cellular
phone
to
discuss
-Uconfidential
information with an.authorjzcd
person?
5
5.
-
-
-
J~
Use of
a
cellular phone
to transmit
confidential
•
~inforination
is discouraged, because cejlular
111,~hone
communicationscan
be intentionally.or
unintentionally intercepted
by
outsiders.
-
-
INTERNJ.~L.iNFORMATION
ISSUES
-
11. What is
considered
internal information?
A
Internal
information
is
all
information that
ñ.doesn’t fall into the public
category and
doesn’t
fill
into
the
confidential
category.
-
(~~-
12. What
are some examples of internal
information?
-
•
Organization
charts
.~t•
Employee
lists and telephone directories
•. Activity
reports
•
Training
manuals and handbooks
•
-Procedure and
policy statements
•
Drafts of material
than
is intended
for
release
to the
public but
is -not
final
and
has not
yet
been released
55555~
5)
-
55)
5)
4
FAQs
(continued)
)
)
:~
13
May
communicate internal information to
-
L~
other employees of Edison International?
• j~
Yes,
internal
information may
be
ñcommunicated to any
employee of Edison
International
without restriction.
s
•
-
~.
14. When may
communicate internal-
s.~informationto a
non-employee outside of Edison
International?
-
-
A
You
may
communicate internal information to
D~outsideparties
if they
need to
know it in order
to conduct business with or for Edison
International.
S
~
15. Does internal information have to be locked
up
‘~Lat
night?
~
Ifyour work
sine
has restricted building access
a
security guard),
in:ernalinformanion
-
may be stored in any appropriate location, like
a
file cabinet, bookshelf, desk
drawer,
or the
like.
-
These receptacles do not have to be locked,
because in restricted access buildings, steps
have
-
been taken to ensure
that
only employees and
authorized
visitors have
access.
In
facilities without
restricted
access (that
is, where non-employees
have
easy access to the
building and
its
contents)
internal
information
should
be stored
•in
a manner
that
reasonably prevents access
by non-employees.
Under these circumstances, locked cabinets or
drawers may
be
the
best
option.
S
16. Am
required to shred paper
copies of internal
~..!
information when
it
is
no
longer
needed?
-
No. Paper (hard)
copies of
internal
information
-
U~may
be
recycled
or
otherwise
discarded
as
-
appropriate;
electronic
information should
be
deleted. Only the
paper (hard) copies of
confidential
information
muss
be shredded
when
-
.
-
•-
-
they are-no longer needed.
PUBUC
INFORMATION 1SSUE~
“
17. What
is considered public
information?
Any information
created or
received by the
b~\.corporation
that
was
developed
and
intended
for public distribution
and
that
has been released
to the public.
Please note that
drafts
and
interim
versions of documents intended to be public,
but
which have notyet
been releasea
are NOT public
information.
S
~
18.
What are some examples of public
~L
information?
-
S
Company brochures
and marketing
materials
L?t”
Annual reports and most SEC filings like
O-KsandlO-Qs
-
•
Edison
News
•
Press releases
.
S
~MIXED~
CLASSIFICATIONS
-
19. Do
have to segregate hard copies of
~
confidential information
from, internal information
in separate files
or
areas?
No.
If there is a
practical, business
reason to
file
~&differentlyclassified information
together,
you
-
may do
so.
Remember, however, that confidential
documents
and information must
be
labeled
“confidential,”
so that
later
reviewers
of the
file
-
-
-
will
be
alerted to its
classification.
-
S
-
FAQs continued on
next page
.5.
5.~S
.SS.SU
5)
5
5.
5)
E D
I S 0
Information
Asset and
1ec~no1ogyManagement
•
-
INTERNATIONAL~
INFORMATION MANAGEMENT POLICY
Policy-Statement
S
Information
created
or
acquired
by
the
Company’s
employees
while
performing
their
business
duties
is
considered
•
company property.
Employees
are
responsible for protecting
company j~opertyand
must
therefore
classi1~’all
company
S
information
created
or
obtained
in
the
course
df~rtsci~
-
ef~iploymentas
public,
internal,
or
confidential.
Further,
this
information must be handled in a manner consistent with such’classification.
Additional information-handling requirements
may be
designated
by responsible--organizations under certain circumstances.
Disseminating
company
information
outside
of
the
Company
is
solely
the
responsibility
of officers
and
specifically
designated employees.
Information
that is not publicly available
may only be used for legitim-at-e company business purposes.
Policy Detail
Company Information
5
5
Information is a
valuable company asset and must
be treatedas such.
Its
value
can
be diminished
or loss if
it
is
disdoted
inappropriately.
Under
current
law,
a
company’s
proprietary information
may
be
protected
as
a
trade
secret if
it
derives
economic value
from
not
being
generally
known to
the
public,
and
is
the
subject of efforts
that
are
reasonable
under
the
-
-
circumstances to maintain
its
secrecy.
S
Definition:
Information
S
-
-
Includes oral,
written, or electronically recorded inform~iion
(in any form
or medium)
created or received by the Company
in the
course of its
business.
Information subject
to this
policy
includes, but
is
not
limited
to,
material
contained
in
oral
--
S
communications,
documents,
records,
databases,
computer
files,
e-mail, voice mail, or
any other digital
or
analog medium.
-
-
•
•
Any
procedures
governing access or use of information apply to
all
‘copies
or versions of the information, regardless offormat.
Classifying
Information
Employees
or
departments
that
generate
or
acquire
information
for
the
first
time must
assign
to
that
information
a
-
classification
ofpublic, internal,
or confidential.
New documentation containing
previously
classified information should be
assigned
the
same
classification
as
the
most sensitive infordi~tioncontained
within.
Definition: Public Information
S
-
-
Any
information
created
or
received
by
the
Company that
was
developed
and
intended
for
public
dissemination,
and
which actually
has been
released
to
the public. There
are
no restrictions on
handling public
information.
-
Note:
Drafts and
interim versions ofdocuments
that are
i,~:endedfor
public
release,
but which
have nor
ye:
been
released,
filed, or disdosed
publicly, are
not
public documents.
S
Definition:
Internal
Information
All information that
is neither public nor
confidentiaL
Internal
information
must
be
handled
as
follows:
~
Internal
information
may
be
communicated
(orally,
electronically,
or
in
writing) to
the Company’s
employees.
Internal
information
may be
communicated
(orally,
electronically,
or
in
writing)
to
a
non-employee
only
if the person
needs
the
information to conduct business
for or
with the
c~mpany,
Policy continued on
next page
Policy-
S
-
J
Policy
(continued)
~igr~ge
and
Physical
Security: In
on-site
fac~iliiieswith restricted
building
access- (security), internal information can be
stored in any appropriate
location.
In
facilities without
physical
restrictions on
building
access,
internal information shOuld
bestored in a manner that
reasonably prevents access
by
non-employees.
-
--
S
--
-
&iention
and
Destruction:
Paper copies of internal
documept~
may be
recyded or
otherwise discarded
as appropriate~
Electronic
files
should
be deleted.
Definition: Confidential
Information
~‘
-
‘
,
-
S
S
Information that,
if
disclosed to or-used
by an
unauthorized person, could provide an opportunity
to gain
an
unwarranted
economic advantage
over
others, or
would have
a
significant adverse
impact
on
the company’s
business,
legal, financial, or
competitive
position,
or
on
its
shareholders
or
employees. This
indudes
all
information acquired
or
generated
by
the
corporation thai is protected
by privacy laws,
conlidentiality.agreements,
and
legal
privileges, induding trade secrets.
Confidential
information
must be handled
as follows:
S
S
~
Confidential
information
may
be communicated
(orally,
electronically,
Or
in
writing)
to
only
the
Company’s
employees
who need
the information
to
perform their
business duties. Confidential
information
may
be
communicatçd
(orally,
electronically,
or in writing) to a
non-employee only if (1) theperson or entity
needs
the confidential information
to
conduct
its
business with or
for the company,
and
(2)
a non-disclosure agreement
is executed by
the person oi entityor if
other appropriate steps, approved
by the company law department, are taken
to ensure that confidentiality
is
maintained.
~gtective
Marks
and Electronic
Securirv
Esich
page
of a hard-copy confidential document
muse be prominently labeled
“confidential.”
Electronic
versions of documents,
records, and
databases containing confidential information
should contain
an
on-screen notation idenei1~’ing
the
displayed information
as
“~oiWidential.”
I~animittalProtocols:
Facsimile
transmittal is
permitted
as
long
as the sender
takes steps
to
ensure that
the confidential
information will
reach
only the intended recipient.
Facsimile
cover sheets and each
page of the
document
must
identi1~
the
transmittal
as
“Confidential.” E.rnail transmittal
internally and
externally is permitted, but where available
and practical,
a
higher level ofprotection, such as
encryption and/or
password protection, is preferred. Transmitting confidentialinformation
by
voice mail,
cellular phone, or
two-way radio is
discouraged.
S
• -
,~iQragrand
Physical
Security:
All
confidential
,m~1erial
should
be stored in
a
manner that
reasonably
prevents
access
by
unauthorized
people,
i.e.,
those
who
do
not
have
a
“need
to
know.”
Workstations
where confidential!
information
is
maintained or displayed
must have security
features to prevent access to confidential information--whcnthij-thorjzcdijsei-js
absent.
S
S
~~jention
and Destruction: Confidential
information should
be retained only
for as long
as
needed
for business, legal,
tax,
audit,
or
archival
purposes.
Confidential
information
should
be
shredded
when
it
is- no
longer
needed
for
any
business
purpose.
All
confidential
customer
information
must be
shredded
when
it
is
no
longer
needed.
Electronic confidential
customer
information,
which is no longer needed, must be deleted by erasing or
otherwise
modif~ying
the
personal
information
in the records so
that
it
is unreadable or indecipherable through any means.
--
Additional
Inlormalion Handling Requirements
S
--
From
time
to
time
and
for
valid
business
or
legal reasons, responsible organizations
may
designate
additional,
more
stringent
handling
requirements
for
a specific information item or project. Such requirements must
be communicated
tà all
affected
employees
and followed
accordingly,
S
-
Revised
Date:
06/20/2002
C-’
I,
.ASTTACHMFNTW
55
-
--
‘
SentBy
Midwest Generation;
3125834998;
)
Jan-19-04
1:41PM;
Midwest
Gçneratlon
EME,
LLC
Dale Approved
01105/2000
-
5
Corporate
Policy
Statement
5
5
,
Number
1000.046
Approved
S
G. R.
Nelson
RECORDS
RETENTION
S
S
Supersedes
-
Dat~d
-
S
Each department
of Midwest Generation 9enerates business inlormatlon daily
In the
form of
paper
documents and computer disk
files, all
of which comprise
one
of the
company’s
key
assets.
Being
able
to
drat~1Qon
this
valuable resource
is
important to
our
success.
It
is
equally
important
to
protect
this
resource from
possible
loss
or misuse by
third
parties.
Accordingly,
in
order
to
facilitate record management
both departmentally
and
companywide, to effectively conlroJdocument production discovery,
and
to-
manage the sheer volume of paperwork, each department within Midwest Generation
shaH adopt a formal records
retention program to ensure that records are retained for
the
period
required
by applicable laws and business needs, and deleted promptly
-
thereafter
in. order to reduce the high cost
of storing, indexing and managing the data.!
Contact the legal department regarding specific record retention requirements.
Midwest
Generation EME.
LLC
reserves
th.
rIght
to
modify, supplement,
rescind
5
-
or revise
any
provision of
this
policy
as
U
deems
necessary
or
appropriate
in Its discretion e,icept the
arbitration
and
empioyment-st-wIll
policies.
J
MIDWEST
GENERATION
EME,
LIC
An
L-DI$Ofl
Irfl2xttAT,VNM.’~
Coinp.zv
Office:
Chicago
S
-
Seclion:
Section
3:
BUSINESS
POLICIES AND PRACTICES
Page
4/4
S
5
)
ATTACHMENT
4
.SS~
)
S
55
t
S
~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
S
1021
Nocit I
GKANI
AVENUE EASt,
P.O.
Box
19276,
Sl’RINcwww,
ILLINOIS
62794-9276, 21 7-782-3397
j,~sti
~ R. Ti~
tvti’soN
Ci
NILR,
100 W~si
R,\NIxu’it,
Si:rrr 11—300,
Ct
IICAGO,
1160601,
312—814—6026
Rou
R.
BLA;oJEvIcIl,
GovttNoR
RLNLL
CII’RIANO,
DIRECTOR
217/782-5544
.“
-~
217/782-9143(TDD)
-~
April
23,
2004
Andrew N. Sawula
Schiff Harden & Waite
S
6600
Sears
Tower
Chicago, Illinois
60606-6360
Re:
Midwest Generation EME, L.L.C.
Trade SecretJustification
—
Commonwealth Edison information
Dear
Mr.
Sawula:
The Illinois Environmental Protection Agency (“Illinois
EPA”)
is in receipt ofMidwest
Generation EME, L.L.C.’s (“Midwest”) trade secret Statement of
Justification dated
March
11,
2004
and received by the Illinois EPA
on
March
12,
2004.
The Statement ofJustificationwas
provided
at
the
request
of
the Illinois
EPA
and addresses informatioffsubmitted-by
Commonwealth
Edison
(“CoinEd”)
to the
Illinois
EPA
in responseto
a
United States
Environmental
Protection Agency
(“USEPA”)
request forinformation
under
§
114
of
the Clean
AirAct (“information request”).
This letter serves as the Illinois
EPA’s
response
to Midwest’s
Statement of
Justification.
Seven attachments marked
“confidential business
information” were submitted by CornEd
on
January 30,
2004, in
responseto the
information request and supplement its September 11, 2003,
response.
Attachments A through F
are
responsive
to informationrequest numbers
3 and
10
and
contain information from CornEd’s Continuing Property Record (“CPR”) for eachofthe six
coal-fired electric generating stations subject to the information request.
Midwest
Gen’s
Statement ofJustification asserts that the CPR is confidential business information as such is of
competitive value to competitors and hasbeen safeguarded
by both CornEd
and Midwest.
The
Illinois EPA
is
denying
trade
secret
protection to
all
information contained in Attachments A
through
F (i.e., the SCPR)
responsive to information request numbers 3
and
10 except the work
order numbers.
Midwest and/or CornEd failed to adequately demonstrate that the information
has not been published, disseminated, orotherwise becomea matter ofgeneral public knowledge
and/or
failed
to
demonstrate that the information has competitive
value.
Further, Midwest and/or
CornEd
has
failed to
demonstrate that the information
does not constitute emission data.
Rc,cKroRt)
—4302
North
Main
Street, Rockforc(, IL 61103— (815) 987-7760
•
Drs
PLAINES
—
9511
W. Harrison St., Des Plaines,
IL 60016 —(847) 294-4000
LIoN—
59.5
South State,
Elgin, IL
60123
—(847) 608-3131
•
ProgIA—541S
N.
University St.,
Peoria,
IL 61614—1309) 693-5463
BUREAU Ut
LANu
-
PEORIA
—
762() N.
University St.,
Peoria, IL 61614
—
(309) 693-5462
•
CHAMPAIGN
—212S
South First Street, Champaign, IL
61820—1217) 278-5800
I
SI’RINcFew
—
4500 S. Sixth Street Rd., Springfield,
IL 62706
—(217) 786-6892
•
COLLINsvnIF—
2009
Mall Street, CoIIinsviIIe, IL 62234— (618) 346-5120
MARION
—2309 W. Main
SI.,
Suite 116,
Marion, IL
62939
—(618) 993-7200
PRINrED ON
RECYCLED
PAPER
I
S
S
5
1
Attachment G
ofCornEd’s response addresses information request number 4 and
contains
information from the Generating Availability Data System (GADs).
Generally, the GADs
identifies boilerand turbine related forced, maintenance and planned
outages. Midwest’s
response failed to provide a justification addressing the GADs data thus the Illinois EPA is
denying trade secret protection to the information submitted by CornEd in responseto
information request number 4.
Midwest (or any requestor who is adversely affected by this determination)-may-petition the
illinois Pollution Control Board (“Board”)
pursuant to
35
Iii.
Adm.
Code
105,
Subparts A and B
to review the Illinois EPA’s final determination within 35
days
after service ofthe determination.
Furthermore, Midwest (or any requestor who is adversely affected by a final determination ofthe
Board) may obtainjudicial review from the appellate courtby filing a petition for review
pursuant to Section
41
of
the Illinois Environmental
Protection Act 415
ILCS
5/41.
(35 Ill.
Adm.
Code 130.2 14)
-
S
Should Midwest
orany requestor
petition the Board
or obtain judicial review from the appellate
court, the Illinois EPA will continue to protect all information forwhich trade secret protection
has been granted until
it receives official notification ofa final order by a reviewing body with
proper jurisdiction
that
reverses this determination and
that
is not subject to further
appeal. (35
Til. Adm.
Ccde
130.214)
The Illinois EPA will cease protecting all
information not subject to trade secretprotection as
discussed hereinunless the Agency is
served with notice ofthe filing ofa petition forreview of
its determination within
35
days after service of this notice of denial
on Midwest and any
requestor.
S
Ifyou have any questions or concerns regarding this matter please do
not hesitate to contact me.
Chris
Pressnall
-
Assistant
Counsel
Division ofLegal Counsel
cc: Adam Quader,
Sierra
Club
