~S~ECERF~D
CLERK’S OFACE
ILLINOIS POLLUTION CONTROL BOARD
~
21 2OO~
)
STATE
OF
ILLU4OIS
MIDWEST GENERATION EME, LLC
))
Po~uti0flControl Board
Petitioner,
)
PCB 04-185
)
(Trade Secret Appeal)
v.
)
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
To:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
Lisa Madigan
Matthew
Dunn
Ann Alexander
Paula Becker Wheeler,
Office ofthe Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Petitioner
and Respondent’s Joint Motion for an Extension o.f Time to File Certain Pleadings, a copy of
which is herewith served upon you.
ary AnnMullin
Dated: December 21, 2004
SchiffHardin LLP
6600 Sears Tower
Chicago, IL 60606
(312)
258-5687
C112\ 1113513.2
FU~CE1VE~CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~-
STATE
OF ILLINOIS
Midwest Generation EME, LLC
)
PoUution Control Board
Petitioner,
)
PCB 04-185
)
Trade Secret Appeal
V.
)
)
)
Illinois Environmental Protection Agency,
)
Respondent.
)
PETITIONER AND RESPONDENT’S JOINT MOTION FOR AN EXTENSION OF
TIME TO FILE CERTAIN PLEADINGS
Petitioner, Midwest Generation EME, LLC (“Midwest Generation”) and Respondent,
Illinois Environmental Protection Agency (“EPA”), jointly move the Hearing Officer, pursuant
to Illinois Pollution Control Board (the “Board”) Procedural Rules 101.502 and 101 .522 to grant
an extension of time for Respondent to file it’s Response to Midwest Generation’s Motion to
Strike and an extension of time for Petitioner to file its Response to IEPA’s Clarification. In
support ofthis Motion, Petitioner and Respondent state as follows:
1.
On November 4, 2004, the Board ordered IEPA to file a Clarification of IEPA’s
March 10, 2004 denial of trade secret protection to certain documents Midwest
Generation provided JEPA (“Clarification”).
The Board ordered Midwest
Generation to file a pleading responsive to the Clarification by December 31,
2004 (“Response to Clarification”).
2.
On November 30, 2004, JEPA filed its Clarification. On December 9, 2004,
Midwest Generation moved to strike the Clarification. IEPA’s Response to the
Motion to Strike is due December 24, 2004.
3.
Respondent is in need of an extension until January 10, 2004 to file its Response
to the Motion to Strike due in part to counsel’s vacation schedule during this
holiday season. In addition, primary counsel for this case is on maternity leave.
Midwest Generation has waived the decision deadline in this case until October
14, 2005, therefore this extension should not inconvenience the Board. Petitioner
has no objection to this extension.
4.
Pursuant to the Board’s November 4, 2004 order, Petitioner is required to file a
Response to the Clarification by December 31, 2004. Petitioner is in need’ of an
extension of time to file this pleading because it’s Motion to Strike the
Clarification is pending. Responding to the Clarification before the Motion to
Strike the Clarification is resolved appears premature. If the Clarification is
stricken, for example, Petitioners would have no need to file a Response to the
Clarification.
5.
Further, if Respondent is granted an extension to file a Response to the Motion to
Strike, Petitioner could be prejudiced if it is not given extra time to file a
Response to the Clarification. ‘The current schedule provides that Respondent’s
Response to the Motion to Strike is due December 24, 2004 and Petitioner’s
Response to the Clarification is due one week later on December 31, 2004. If
Respondent is granted an extension and Petitioner is not, Petitioner would be
required to file its Response to the Clarification before receiving the Response to
the Motion to Strike. Respondent has no objection to this request for an
extension.
Accordingly, Petitioner and Respondent respectfully request that Respondent be granted
until January 10, 2005 to file its Response to Midwest Generation’s Motion to Strike and that
Petitioner’s time to file a Response to EPA’s Clarification be extended until 7 days after service
of the Board’s Decision on Midwest Generation’s Motion to Strike.
Dated: Chicago, Illinois
December 21, 2004
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
MIDWEST GENERATION EME, LLC
LISA MADIGAN
Attorney General ofthe State ofIllinois
By:
7~~th4iL~&~
By:
~t1
Paula Becker Wheeler
Mary Ann Mullin
Assistant Attorney General
SCHIFF HARDIN LLP
Office ofthe Attorney General
6600 Sears Tower
188 West Randolph Street, Suite 2000
Chicago, IL 60606
Chicago, Illinois 60601
(312)
258-5540
(312) 814-1511
One ofthe Attorneys for
Midwest Generation EME, LLC
CH.2\ 1173635.1
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Petitioner and Respondent’s
Joint Motion for an Extension of Time to File Certain Pleadings by U.S. Mail, upon. the
following persons:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
LisaMadigan
Matthew Dunn
Ann Alexander
Paula Becker Wheeler
Office ofthe Attorney General
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Dated: December 21, 2004
Respectfully submitted,
MIDWEST GENERATION EME, LLC
By:______
SCHIEF HARD1N LLP
6600 Sears Tower
Chicago, Illinois 60606
(312)
258-5687
One ofthe Attorneys for
Midwest Generation EME, LLC
CH2\
1113518.2
