Midwest Generation EMIE, LLC,
)
Petitioner
)
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent
S
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Brad Halloran
S
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
S
Suite 11-500.
Chicago, Illinois
60601
Sheldon A. Zabel
MaryA. Mullin
Andrew N. Sawula
SchiffHardin LLP
660.0 Sears Tower
Chicago, Illinois
60606
Keith Harley
Annie Pike
Chicago Legal Clinic, Inc.
205
West Monroe,
4th
Floor
Chicago, Illinois
6.0606
Please take notice that today we have filed with the Office ofthe Clerk ofthe
Pollution Control Board an
original (1) and nine (9) copies of a Motion for an Extension
of Time to
File the Record, a copy ofwhich is herewith served upon the assigned Hearing
Officer, the attorneys for the Petitioner, Midwest Generation EME, LLC, and the
attorneys for the Sierra Club.
Dated:
Chicago, Illinois
.
July 2, 2004
LISA MADIGAN, Attorney General of the
State ofIllinois
BEFORE TIlE ILLINOIS POLLUTION CONTROL BOARD
CLERK’3 OFFICE.
JUL
02
20O~.
)
PCB
04-216
STATE
OF !LLU\~O~S
Trade SecretAppe~°~°~
Control ~oard
MATTHEW DUNN, Chief, Environmental Enforcement!
Asbestos Litigation Division
BY:~
~
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)
S
—
~
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
JUL
02 2~4
Midwest Generation EME,
LLC
)
S
Petitioner’
,
)
PCB
04-216
~T.
~
L~01S,
Oli~O~
~-‘On~oJ
3oa-~
)
Trade Secret Appeal
v.
,
)
)
Illinois
Environmental Protection Agency,
)
Respondent
‘
MOTION FOR AN EXTENSION OF TIME TO FILE
RECORD
Respondent, Illinois
Environmental Protection Agency, by Lisa Madigan,
Attorney General of the State of Illinois, moves the Hearing Officer, pursuant to Board
Procedural Rules
101.502 and 101.522, to
grant a one-week extension oftime to file the
record in this matter.
In support ofthis Motion, Respondent states as follows:
1.
Pursuant to35 ill.
Adm. Code
105.116 and the Board’s Order dated June
17, 2004, the record in the captioned proceeding is
currently due to be filed July 6, 2004.
2.
Unavoidable
administrative delays in the effort by the Respondent Agency
to compile the documents necessary for the record preclude
filing ofthe complete record
by the current due date..
3.
All parties to this matter have been notified regarding, and have consented
to, this motion for a one-week extension oftime, on the’condition that both the July
19
due date for responses to
the Board’s June 17
Order and the currently scheduled July 22’
status conference call be also moved back one week.
4.
Accordingly, Respondent respectfully requests that it be granted until July’
13, 2004 to file the record in this proceeding; that responses to ‘the Board’s order be due
July 26;’ and that the status conference call be rescheduled for July 29,
or as soon
thereafter as the parties and theHearing Officer are available.
Dated:
Chicago, Illinois
July 2, 2004
‘
LISA MADIGAN, Attorney General ofthe
State ofIllinois
MATTHEW DUNN, Chief, Environmental Enforcement!
Asbestos Litigation Division
BYL~
(~—~_
‘
.
‘
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
Midwest Generation EME, LLC,
)
.
S
Petitioner
,
‘
)
PCB
04-216
S
‘
‘~
,
.~
)
Trade Secret Appeal
v.
S
,
)
Illinois Environmental Protection Agency,
Respondent
To:
Dorothy Gunn, Clerk
‘,
S
Illinois
Pollution Control Board
100 West Randolph
‘
.
.
Suite 11-500’
‘
S
,
‘‘
Chicago, Illinois 60601
and
a true and correct copy ‘of the same’ foregoing instruments,
by First Class Mail with
postage thereon fully paid and deposited into the possession ofthe United States Postal
Service, to:
.
‘
.
S
‘
‘
‘
Sheldon A. Zabel
‘
‘
Mary A. Mullin
Andrew N. Sawula.
.
‘
Schiffllardin LLP
‘~
S
6600
Sears Tower
Chicago, Illinois
60606
)
)
CERTIFICATE OF SERVICE
I hereby certify that I did on the 2nd Day ofJuly 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 ofFiling and Motion for an Extension of Time to File Record, to
KeithHarley
Annie Pike
Chicago Legal Clinic, Inc.
205 West Monroe,
4th
Floor
Chicago, Illinois 60606
Dated:
Chicago, Illinois
July 2,
2004
LISAMADIGAN, Attorney General of the
State of illinois.
,
‘
‘,
,
S
MATTHEW DUNN, Chief, Environmental Enforcement!
‘Asbestos Litigation Division
BY~~
Ann Alexander, Assistant Attorney General and,
Environmental Counsel
,
,
‘
188 West Randolph Street, Suite 2000
Paula Becker Wheeler, Assistant Attorney General
Chicago, Illinois 60601
,
.
S
312-814-3772
,
,
312-814-2347 (fax)
‘I