BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
Commonwealth Edison
Company,)
Petitioner)
PCB 04-215
)
Trade Secret Appeal
V.)
Illinois Environmental
Protection
Agency,
)
Respondent)
NOTICE
OF FILING
To:
Dorothy Gunn,
Clerk
Byron F. Taylor
Illinois
Pollution Control Board
Roshna
Balasubramanian
100 West Randolph
Sidley
Austin Brown & Wood LLP
Suite 11-500
Bank One Plaza
Chicago,
Illinois 60601
10 S. Dearborn
Chicago,
Illinois 60603
Brad Hal loran
Hearing
Officer
Illinois Pollution Control
Board
1 00 West Randolph
Suite 11-500
Chicago, Illinois 60601
Please take notice that today
we have filed with the Office of
the Clerk of the
Pollution Control
Board by electronic filing
the following Respondent LEPA's
Motion to
Strike Petitioner
Commonwealth Edisbn's
Reply in Support of Motion
to Stay. A copy is
herewith
served upon the assigned Hearing
Officer and the attorneys
for the Petitioner,
Commonwealth Edison.
Dated: Chicago, Illinois
October 31, 2005
LISA MADIGAN, Attorney
General of the
State
of Illinois
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2005
MATTHEW
DUNN, Chief, Environmental Enforcement/
Asbestos Litigation Division
B Y
g
_
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)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2005
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
Commonwealth
Edison
Company,)
Petitioner)
PCB
04-215
)
Trade
Secret
Appeal
V.)
Illinois
Environmental
Protection
Agency,
)
Respondent)
RESPONDENT
IEPA'S
MOTION
TO STRIKE
PETITIONER
COMMONWEALTH
EDISON'S
REPLY
IN SUPPORT
OF MOTION
TO STAY
Pursuant
to
35
Ill.
Admin.
Code
101.500,
Respondent
Illinois
Environmental
Protection
Agency
("IEPA")
respectfully
submits
to the Hearing
Officer
this
Motion
to
Strike Petitioner
Commonwealth
Edison's
Reply in
Support
of Motion
to Stay,
and
hereby states
as follows:
1
.
On
September
23,
2005, Petitioner
Commonwealth
Edison filed
with
the
Illinois
Pollution
Control
Board
(the "Board")
a Motion
to Stay
PCB 04-215.
2.
On October
6,
2005, Respondent
LEPA
filed its
response
to Petitioner's
motion.
3.
On
October
21, 2005,
Petitioner
Commonwealth
Edison
filed
with the
Board
its Reply
in Support
of
Motion
to Stay.
4.
The
Board's
procedural
rules
provide
at 101.500(e),
concerning
motion
practice,
as follows:
The
moving
person will
not have
the right
to reply,
except
as permitted
by
the Board
or
the hearing
officer
to prevent
material
prejudice.
A
motion
for
leave to
file a reply
must
be filed with
the
Board within
14 days
after
service of the
response.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2005
5.
More than 14 days have elapsed since Respondent TEPA filed its response
to Petitioner's motion, and no motion for leave to file a reply has beep filed with the
Board.
6.
Accordingly, Respondent TEPA respectfully requests that the Board enter
an order striking Petitioner Commonwealth Edison's Reply in Support of Motion
to Stay
in its entirety.
Dated: Chicago, Illinois
October 31, 2005
Respectfully submitted,
LISA MADIGAN, Attorney
General of the
State of Illinois
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 2001
Chicago, Illinois 60601
312-814-3772
312-814-2347 (fax)
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Commonwealth Edison Company,)
Petitioner)
PCB 04-215
)
Trade Secret Appeal
V.)
Illinois Environmental Protection Agency,
)
Respondent)
CERTIFICATE OF SERVICE
I hereby
certify that I did on the
3 1
s't
day
of October,
2005 send via electronic
filing the following instruments entitled Notice of Filing and Respondent IEPA's Motion
to Strike Petitioner Commonwealth Edison's Reply in Support of Motion to Stay, to
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
and send a true and correct copy of the same foregoing instruments, by First Class Mail
with postage thereon fully paid and deposited into the possession of the United States
Postal Service, to:
Byron F. Taylor
Roshna Balasubranmanian
Sidley Austin Brown & Wood LLP
Bank One Plaza
10 S. Dearborn
Chicago, Illinois 60603
Dated: Chicago, Illinois
October 31, 2005
LISA MADIGAN, Attorney Genera] of the
State of Illinois
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2005
MATTHEW
DUNN, Chief, Environmental
Enforcement/
Asbestos
Litigation Division
BY:
(
Ann
Xex-ander-, Assista
t 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)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 31, 2005
