Illinois Environmental Protection Agency,
Respondent
P~E ~ E VED
CLERK’S OFFICE
JUN 232004
STATE OF
!LLINO!S
PCB
.04-215
Potlution Control Board
)
Trade Secret Appeal
)
)
)
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Sheldon A. Zabel
MaryA. Mullin
Andrew N. Sawula
SchiffHardin LLP
6600 Sears Tower
Chicago, Illinois 60606
Keith Harley
Annie Pike
Chicago Legal Clinic, Inc.
205
West Monroe, 4th Floor
Chicago, Illinois 60606
Please take notice that today we have filed with the Office ofthe Clerk ofthe
Pollution Control Board an original (1) and nine
(9)
copies ofa Notice of Appearance
and Response by Respondent Illinois Environmental Protection Agency to Sierra Club’s
Motion for Intervention, a copy ofwhich is herewith served upon the assigned Hearing
Officer, the attorneys for the Petitioner, Commonwealth Edison Company, and the
attorneys for the Sierra Club
Dated: Chicago, Illinois
June 23, 2004
LISA MADIGAN, Attorney General ofthe
State ofIllinois
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Commonwealth Edison Company,
)
Petitioner
)
V.
MATTHEW DUNN, Chief, Environmental Enforcement!
Asbestos Litigation Division
BY:~~
Ann Alexander, Assist t Attorney General and
Environmental Counsel
Paula Becker Wheeler, Assistant Attorney General
188 West Randolph Street, Suite 2000
Chicago, illinois 60601
312-814-3772
312-814-2347 (fax)
CLcHK’s OFFIQE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
LJ2004
Commonwealth Edison Company,
)
STATE OF !LLU\IOIS
Petitioner
) .
PCB 04-215
POHution Controi Board
)
Trade Secret Appeal
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent
)
NOTICE OF APPEARANCE
The undersigned attorneys hereby file their appearance on behalf ofRespondent
Illinois Environmental Protection Agency.
Dated: Chicago, Illinois
June 23, 2004
LISA MADIGAN, Attorney General ofthe
State ofIllinois
MATTHEW DUNN, Chief, Environmental Enforcement!
Asbestos Litigation Division
~
Ann Alexander, Assistan Attorney General and
Environmental Counsel
Paula Becker Wheeler, Assistant Attorney General
• 188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
312-814-3772
312-814-2347 (fax)
.
•
.
.
•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
Commonwealth Edison Company,
)
•
JUN
23 2004
•
.
Petitioner
.
)
PCB
04-215
STATE OF ILLINOIS
)
Trade Secret
A~’~1t~OflControl Board
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent
•
)
RESPONSE BY RESPONDENT ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY TO SIERRA CLUB’S MOTION FOR INTERVENTION
Respondent Illinois Environmental Protection Agency, by its attorneys, supports
the motion ofSierra Club, filed June 21, 2004, to intervene in the captioned matter, on
condition that Sierra Club be ordered to abide by the limitations on its participation
specified herein. Those limitations are that Sierra Club shall (1) not be allowed to control
any decision deadline; (2) be barred from serving discovery, interrogatories, and requests
to admit; (3) be barred from conducting any depositions; (4) be bound by all Board and
hearing officer orders issued to date;
(5)
not be allowed to raise any issues that were
raised and decided, ormight have been raised, earlier in this proceeding; and (6) not be
provided, in connection with this proceeding, with the subject documents for which trade
secret protection is claimed, until and unless those claims are finally resolved against
petitioner Midwest Generation EME, LLC.
Dated: Chicago, Illinois
.
.
June 23, 2004
LISA MADIGAN, Attorney General ofthe
•
State of Illinois
MATTHEW DUNN, Chief, Environmental Enforcement!
Asbestos Litigation Division
BY:fA~6~
Ann Alexander, Assistant Attorney General and
Environmental Counsel
Paula Becker Wheeler, Assistant Attorney General
188 West Randolph Street, Suite 2000
Chicago, illinois 60601
312-814-3772
312-814-2347 (fax)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Commonwealth Edison Company,
)
Petitioner
)
PCB 04-215
•
)
Trade Secret Appeal
CERTIFICATE OF SERVICE
I hereby certify that I did on the 22~Dayof June 2004 send by First Class Mail,
with postage thereon fully paid and deposited into the possession ofthe United States
Postal Service, one (1) original and nine (9) copies ofthe following instruments entitled
Notice ofAppearance, Notice ofFiling, and Response by Respondent Illinois
Environmental Protection Agency to Sierra Club’s Motion for Intervention to
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
and a true and correct copy ofthe same foregoing instruments, by First Class Mail with
postage thereon fully paid and deposited into the possession ofthe United Staes Postal
Service, to:
Sheldon A. Zabel
Mary A. Mullin
Andrew N. Sawula
Schiff Hardin LLP
6600 Sears Tower
Chicago, Illinois 60606
Dated: Chicago, Illinois
June 23, 2004
v.
)
•)
Illinois Environmental Protection Agency,
)
•
Respondent
. •
)
Keith Harley
Annie Pike
Chicago Legal Clinic, Inc.
205 West Monroe, 4th Floor
Chicago, Illinois 60606
LISA MADIGAN, Attorney General ofthe
State ofIllinois
MATTHEW DUNN, Chief, Environmental Enforcement!
Asbestos Litigation Division
Ann
exander, Assistant Attorney General and
Environmental Counsel
Paula Becker Wheeler, Assistant Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
312-814-3772
312-814-2347 (fax)
