~RECE~VED
Midwest Generation
BEFORE
EME,
THE
LLC
ILLINOIS POLLUTION
)
CONTROL BOAI’WCLERK~SOFFICE
Petitioner,
)
v.
)
Illinois Environmental Protection Agency,
Respondent.
)
)
)
JUN 2 42004
)
PCB 04-185
PollutionSTATE
OFControlILLINOISBoard
)
Trade Secret Appeal
NOTICE OF FILiNG
Robb Layman
Sally A. Carter
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, IL 60601
Andrew N. Sawula
Sheldon A. Zabel
Mary Ann Mullin
SchiffHardin LLP
6600 Sears Tower
Chicago, IL 60606
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the SIERRA CLUB’S Motion For Leave To File A Reply To
Midwest Generation’s Response To Sierra Club’s Motion For Intervention, a copy of
which is herewith served upon you.
Dated: June 24, 2004
Keith Harley
Chicago Legal Clinic, Inc.
205 W. Monroe, 4t~1Floor
Chicago, IL 60606
(312) 726- 2938
(312) 726-5206 (fax)
kharley@kentlaw.edu
To:
RECEIVED
CLERK’q OFFIC
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIT
JUN 242004
Midwest Generation EME, LLC,
)
Pollutton
STAJE OF
Control
ILLINOIS
Board
Petitioner
)
)
Case No. PCB 04-185
v.
)
)
Illinois Environmental
)
Protection Agency,
)
)
Respondent.
)
MOTION FOR LEAVE TO FILE SIERRA CLUB’S REPLY TO MIDWEST
GENERATION’S RESPONSE TO SIERRA CLUB’S MOTION FOR
INTERVENTION
Pursuant to 35 Ill. Adm. Code 101.500(E), Sierra Club respectfully submits this
Motion For Leave to Reply to Midwest Generation’s Response to Sierra Club’s Motion
for Intervention. In support ofthis Motion, the Sierra Club asserts the following:
1.
On May 27, 2004, Sierra Club filed a Motion for Intervention (“MOl”)
in the above captioned proceeding on the basis that the final order ofthe Board may
adversely affect and materially prejudice its interests.
2.
On June 14, 2004, Midwest Generation filed its Response to Sierra Club’s
Motion for Intervention, raising several detailed arguments in opposition to Sierra Club’s
Motion For Intervention.
3.
In order to provide a more complete argument to respond to Midwest
Generation’s detailed objections, on June 18, 2004, Sierra Club submitted its Reply to
Midwest Generation’s Response.
1
4.
As requested by the Hearing Officer, Sierra Club now formally requests
leave to file its Reply, as submitted to the Illinois Pollution Control Board on June 18,
2004.
5.
Granting leave to file the Reply will not unduly delay nor materially
prejudice or interfere with an orderly and efficient proceeding, and will provide a full,
fair and complete opportunity for Sierra Club to respond to Midwest Generation’s
objections, thus aiding the Board’s deliberative process.
WHEREFORE, for the reasons stated above, the Sierra Club respectfully requests
that the Illinois Pollution Control Board enter an Order giving leave for the Sierra Club
to file its Reply.
Resp t ly submitted,
Keith Harley, One of Sierra Club’~Jttorneys
Keith Harley
Annie Pike
Chicago Legal Clinic, Inc.
205 W. Monroe,
4th
Floor
Chicago, IL 60606
(312) 726-2938
(312) 726-5206 (fax)
kharley@kentlaw.edu
2
CERTIFICATE OF SERVICE
I, KEITH HARLEY, an attorney, certify that true copies of the foregoing Motion for
Leave to File A Reply To Midwest Generation’s Response To Sierra Club’s Motion For
Intervention was mailed by First Class Mail, by depositing the same in the U.S. Mail
depository located at 220 West Monroe, Chicago, Illinois, in an envelope with sufficient
postage prepaid on June 24, 2004, to the following:
Robb Layman
Sally A. Carter
Illinois Environmental Protection Agency
1021 North grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, IL 60601
Andrew N. Sawula
Sheldon A. Zabel
MaryAnn Mullin
Schiff Hardin LLP
6600 Sears Tower
Chicago, IL 60606
