Midwest
~
CONTROL BOARD
CLERKS OF~CE
Petitioner,
)
PCB
04-216 Pollution Control Board
)
Trade Secret Appeal
v.
)
)
Illinois Environmental Protection Agency,
)
Respondent.
)
NOTICE OF FILING
To:
Lisa Madigan
Attorney General ofthe State ofIllinois
Matthew Dunn
Environmental Enforcement!
Asbestos Litigation Division
AnnAlexander
Assistant Attorney General and
Environmental
Counsel
188 West Randolph Street, Suite 2000
Chicago, Illinois
60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite
1 1-~
100 W. Randolph Street
Chicago, Illinois
60601
PLEASE
TAKE NOTICE
that
today I have
filed with
the Office
of the
Clerk of the
Pollution Control Board an original (1) and nine (9) copies of Midwest Generation EME,
LLC’s
Motion
for An Extension of Time to
File
Motion
for Reconsideration of the
Illinois
Pollution
Control Board’s June 17, 2004 Order, a copy ofwhich is herewith served upon you.
BY____________
SchiffHardin LLP
6600 Sears Tower
Chicago, IL
60606
(312) 258-5687
Dated:
Chicago, Illinois
July
19, 2004
CERTIFICATE OF SERVICE
I, the
undersigned, certify
that
I have
served
the
attached Motion
for an
Extension of
Time to File Motion for Reconsideration ofthe Illinois Pollution
Control Board’s June 17, 2004
Order, by US Mail, upon the following persons:
Lisa Madigan
Attorney General ofthe
State ofIllinois
Matthew Dunn
Environmental Enforcement!
Asbestos Litigation Division
Ann Alexander
Assistant Attorney General and
Environmental
Counsel
188 West Randolph Street, Suite 2000
Chicago, Illinois
60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W.
Randolph Street
Chicago, Illinois
60601
Dated:
Chicago, Illinois
July
19, 2004
Respectfully submitted,
MIDWEST GENERATION EME, LLC
By:~_______
Mary A. Mullin
SCHIFF HARDIN LLP
6600 Sears Tower
Chicago, Illinois
60606
(312)258-5540.
One ofthe Attorneys for
Midwest Generation EME, LLC
CH2\ 1127921.1
RECE~V
BEFORE THE
BOAk~RK’S
OFFICE
JUL
192004
STATE OF ILLINOIS
PO1I~ti~n
Control Board
Midwest Generation EME, LLC
Petitioner,
PCB
04-216
Trade Secret Appeal
v.
)
)
)
Illinois Environmental Protection Agency,
)
Respondent.
)
MIDWEST GENERATION’S MOTION FOR AN EXTENSION OF TIME
TO FILE
MOTION FOR RECONSIDERATION OF THE ILLINOIS POLLUTION CONTROL
BOARD’S JUNE 17, 2004 ORDER
Petitioner, Midwest Generation EME,
LLC (“Midwest Generation”), moves
the Hearing
Officer, pursuant to Illinois Pollution Control Board (the “Board”) Procedural Rules 101.502 and
101.522
to grant a three-week
extension of time to
file its
Motion for Reconsideration of the
Illinois
Pollution
Control Board’s June
17,
2004
Order.
In support of this
Motion,
Petitioner
states as follows:
1.
In its June 17,
2004 Order, the Board accepted Petitioner’s
Petition for Review in
this matter and held that hearings in this matter would be based exclusively on the
record before IEPA at the time
it issued its
trade secret determination.
June
17,
2004 Order at 4.
Petitioner received this Order on June 22, 2004.
Pursuant to the
Board’s procedural rules,
Petitioner’s Motion for Reconsideration
is due July 27,
2004.
)
)
)
2.
Petitioner
is
in
need
of a
three-week
extension of time
to
file
its
Motion
for
Reconsideration due in part to
counsel’s vacation schedules and due in part
to the
briefing schedules for other issues in this case.
3.
Petitioner has discussed this
extension with Respondent,
Illinois
Environmental
Protection Agency.
Respondent has no objection to this extension.
Accordingly, Petitioner respectfully requests that
it be
granted until
August
17,
2004
to
file its Motion for Reconsideration ofthe June 17, 2004 Order.
Respectfully submitted,
MIDWEST GENERATION EME,
LLC
By:
5~7ox~7
~
Mary Ann Mullin
SCHIFF HARDIN LLP
6600 Sears Tower
Chicago, Illinois
60606
(312) 258-5540
One ofthe Attorneys for
Midwest Generation EME,
LLC
Dated: Chicago, Illinois
July
19, 2004
CH2\ 1127834.1
