RECEIVED
CLERK S OFFICE
BEFORE THE ILLThIOIS POLLUTION CONTROL BOARD
POII~ti~nSTATE
~
OFControl
26
ILLINOIS
2004
Board
Commonwealth Edison Company
)
Petitioner,
)
)
)
PCB No. 04-215
)
(Trade Secret Appeal)
)
Illinois Environmental Protection Agency,
)
Respondent
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Ann Alexander
Illinois Pollution Control Board
Assistant Attorney General and
100 West Randolph
Environmental Counsel
Suite 11-500
188 West Randolph Street
Chicago, Illinois 60601
Suite 2000
Chicago, 11. 60601
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that we have today filed with the Office ofthe Clerk of
the Pollution Control Board
Commonwealth Edison Company’s Opposition to
Consolidation, a
copy ofwhich is herewith served upon you.
Chanté D. Sp nn
Date: July 26, 2004
Byron F. Taylor
ChanteD. Spann
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 S. Dearborn
Chicago, Illinois 60603
(312) 853-7000
V.
RECE~VED
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 26 2004
Commonwealth Edison Company,
)
STATE
OF ILLINOIS
Petitioner
)
POIIUtOfl
Control
Board
)
PCBO4-2l5
v.
)
Trade Secret Appeal
)
)
Illinois Environmental Protection Agency,
)
Respondent
)
COMMONWEALTH EDISON COMPANY’S
OPPOSITION TO CONSOLIDATION
Pursuant to the June 17, 2004 order entered by the Illinois Pollution Control Board (“Board”) in
the above-referenced proceeding, Commonwealth Edison Company (“CornEd”) respectfully submits its
Opposition to Consolidation of the above-referenced proceeding with PCB 04-216 and hereby states as
follows:
1.
On January 30, 2004, CornEd provided the Illinois Environmental Protection Agency
(“IEPA”) with acourtesy copy of Final Responses to a United States Environmental Protection Agency
Clean Air Act
§
114 Information Request (“Final Responses”) relating to six coal-fired generating
stations formerly owned by CornEd. The Final Responses attached certain confidential business
information and trade secrets owned by CornEd, including excerpts from a Continuing Property Record
(“CPR”) and certain GADs data. The coal-fired generating stations are currently owned by Midwest
Generation EME, LLG (“Midwest Generation”).
2.
On March 1, 2004, the IEPA requested that CornEd justify that the articles submitted
with its Final Responses are trade secrets exempt from disclosure pursuant to 35 111. Admin. Code
part 130.
3.
CornEd submitted a statement ofjustification to the IEPA on March 11, 2004, setting
forth the reasons why the materials constitute trade secrets. Midwest Generation also submitted a
statement ofjustification setting forth the reasons whythe excerpts from the CPR are trade secrets. The
IEPA denied trade secret status to the majority of the information covered by the ComEd and Midwest
Generation statements ofjustiflcation.
4.
On June 2, 2004, CornEd filed a petition for review of the IEPA’s denial of trade secret
protection to the excerpts from the CPR and the GADs data. CornEd’s appeal is PCB No. 04-2
15.
Midwest Generation filed a petition for review ofthe IEPA’s denial oftrade secret protection to the
excerpts from the CPR on June 3, 2004. Its appeal is PCB No. 04-216.
5.
The Board has directed the companies to address whether PCB No. 04-2 15 and PCB No.
04-216 should be consolidated.
June 1 ?~2004 Board Order, at 4.
6.
CornEd incorporates by reference “Midwest Generation EME, LLC ‘s Opposition to
Consolidation,” which has, or will be, filed in PCB No. 04-2 16, for the reasons stated therein. As
explained in Midwest Generation’s submission, consolidation of PCB No. 04-2 15 and PCB 04-2 16 will
cause material prejudice, administrative confusion, and inconvenience to each company.
WHEREFORE, Commonwealth Edison Company respectfully requests that the Board maintain
PCB No. 04-2 15 and PCB No. 04-2 16 as separate and independent proceedings.
Respectfully submitted,
Commonwealth Edison Company
By:
Byron F. Taylor
Chanté D. Spann
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 S. Dearborn
Chicago, Illinois 60603
(312) 853-7424
Attorneys for Commonwealth Edison Company
2
CHI 3004450v2
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Notice of Filing and
Commonwealth Edison Company’s Opposition to Consolidation by U.S. mail on this 26th day of
July, 2004 upon the following persons:
Ann Alexander
Dorothy Gunn, Clerk
Assistant Attorney General and
Illinois Pollution Control Board
Environmental Counsel
100 West Randolph
188 West Randolph Street
Suite 11-500
Suite 2000
Chicago, Illinois 60601
Chicago, II. 60601
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Ii. 60601
(~A ~
Chanté D. Spa
