ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

DECEMBER

2005

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

MIDWEST GENERATION, LLC,

)

JOLIET GENERATING STATION,

)

Petitioner,

)

PCB 2006-58

)

(CAAPP Permit Appeal)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent

)

To:

Dorothy Gunn, Clerk

Sheldon

Zabel

Illinois Pollution Control Board

Kathleen C. Bassi

100 West Randolph Strcct

Stephen

J. Bonebrake

Suite

11-500

JoshuaR.

Chicago, Illinois 60601

Kavita M. Pate!

SchiffHardin, LLP

Bradley P. Halloran

6600 Sears Tower

Hearing Officer

233

South Wacker Drive

Illinois Pollution

Control Board

Chicago,

Illinois

60606

James R. Thompson Center

Suite

11-500

100 West Randolph

Street

Chicago, Illinois 60601

PLEASE TAKE NOTICE

that I have today filed with the Office of the Clcrk of

the Illinois Pollution Control Board the MOTION FOR EXTENSION OF TIME TO

FILE RECORD of the Respondent, Illinois Environmental Protection Agency, a copy of

which is herewith

served upon the assigned Hearing Office and the attorney for the

Petitioner.

Respectfully submitted by,

Sally C&ter

Assistant Counsel

Dated: December

1, 2005

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

ELECTRONUC FILING,

RECEIVED,

CLERKS OFFICE,

DECEMBER

1,2005

BEFORE THE

ILLINOIS

POLLUTION CONTROL

BOARD

OF THE STATE

OF ILLINOIS

MIDWEST GENERATION,

LLC,

)

JOLIET GENERATING STATION,

)

Petitioner,

)

PCB 2006-58

)

(CAAPP Permit Appeal)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

MOTION FOR EXTENSION OF TIME TO FILE RECORD

NOW

COMES the Respondent, ifiLINOIS ENVIRONMENTAL PROTECTION

AGENCY (“Illinois EPA”), by and through

its

attorneys, pursuant to

111. Adm.

Code

105.116 and moves the ILLINOIS POLLUTION CONTROL BOARD (“Board”) for an

extension of the time to file the.reeord of its determination in the above-captioned matter.

Petitioners filed their Petition

with the Board on November

2, 2005,

seeking a review of certain permit conditions contained within the Clean Air Act Permit

Program (“CAAPP”) permit issued to Midwest Generation, LLC (“Midwest Generation”

or “Joliet”) by

the

Illinois EPA on

September 29,

2005,

The permit authorized the

operation of an electrical

power generation facility known as the Joliet Generating

Station.

The facility is

located at 1800 Channahon Road in Joliet, Illinois. Formal notice

of the appeal was served upon the Illinois EPA on November 4,2005.

On November 17, 2005, the Board accepted Midwest Generation’s

Petition for hearing.

In addition,

the Board ordered the Respondent to

file the entire

record of its determination within

days of receipt of the Petition.

Ifan extension of

ELECTRONIC

FILING,

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OFFICE,

DECEMBER

2005

time to file the

record would be sought by

the Respondent, the Board’s order instructed

that such request was also due within

30 days after the Illinois EPA received the Petition.

The undersigned attorney

and a staff paralegal became

involved with the

compilation of the administrative record relating to Midwest Generation as

early as mid-

August 2005 and since that time, most of this attorney’s and the

staff paralegal’s

resources have been devoted to the compilation of this voluminous record

and related

records pertaining

to the twenty CA.APP permit appeals involving other electrical power

generation

facilities in

the State.

At this juncture, Jolict’s record consists generally of

five

to six trial boxes of material.

Approximately two to three boxes are particular to

Joliet alone, while three other boxes are more aptly characterized as general reference

material and documents relevant

t.o the decision underlying the issuance of all twenty-one

CAAPP

permits to the State’s electrical power generation facilities.

The only remaining

documents to be assembled and reviewed for this record preparation generally consists of

several

hundred miscellaneous

electronic mail messages of Illinois EPA personnel.

Some, but

not

all, of these emails may contain information that wcre relied upon

by the

Illinois EPA in its permit decision.

The other assigned attorney, Robb Layman, became

involved with the

compilation of the administrative record relating to this proceeding in November 2005.

Due

to the press of other permit appeals before the United States Environmental

Protection Agency’s Environmental Appeals

Board (“EAB”) and enforcement ease

matters unrelated to the present appeal, Mr.

Layman was generally unable to assist in the

compilation of the record

until this past month.

ELECTRONIC

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DECEMBER

1,2005

Due to the sheer magnitude of the documentation underlying

the Illinois

EPA’s permitting decision in this matter

and the additional

twenty CAAPP permit

appeals,

the Illinois EPA was not able to

compile the entire administrative record

before December

2005.

Counsel expects that the compilation of the record will

require

at least an additional seven days.

Beyond this point, the timing of the

filing of the

administrative record will likely be determined by matters largely outside of counsel’s

control.

First, while counsel for the

Illinois EPA

has observed that many permit

appeals are

of a type that could most aptly be described

as “protective appeals” that do

not necessarily require the

filing of an administrative record, it

counsel’s estimation

that some of the collective twenty-one appeals possess a much greater likelihood of

proceeding to hearing, thus necessitating the filing of an administrative record.

While

this case is admittedly at the earliest

stage of litigation, the permitting of this facility was

based upon years of work by the Bureau

of Air’s permitting

engineers and countless

communications with this facility and industry representatives at large.

In addition, it

also the Illinois

EPA’s perception that the Board may not wish to accept voluminous

administrative records in this and alt of the other collective CAAPP appeals unless it

appears that a settlement resolution cannot be reached.

Second, the Illinois EPA does not possess the support-staff to make the

necessary copies for filingbefore the Board, the assigned Hearing Officer and opposing

counsel.

For instance, if the Respondent were to seek leave from the Board for

a waiver

of the applicable copying requirements, the Respondent would still be mailing

approximately twenty-five to thirty trial boxes to the Board for Joliet alone.

This does

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2005

not include the

five

to six boxes that would be required for both the Hearing Officer and

opposing counsel.

Due to these constraints, counsel has been researching the possibility

of hiring an outside contractor to perform the required copying and/or

screening.

However, the State

is limited by

fUrther constraints;

for instance, the Illinois EPA must

first seek to employ a contractor that holds a State

contract before turning to a non-State

contractor for copying services.

While counsel has located State contractors that would

be willing to make

10,000 copies often documents, counsel has not

found a State

contractor willing to make seven copies of thousands of miscellaneous sized documents.

Based on the foregoing, the Illinois EPA formally requests

an extension of

time

to file its administrative record with the Board to a date determined by

the Board

be appropriate and/or consistent with any decisional deadline in this matter.

The grant of this extension of the filing date will

ensure that this

voluminous record

is not needlessly filed

but

filed in the

event that the matter does not

settle.

This will

serve to limit the expenditure of constrained State resources

on a

potentially uzmecessary copying job.

Moreover, this will further minimize any potential

administrative burdens associated with the maintenance and storage of hundreds of trial

boxes for this appeal, together with the other twenty CAAPP appeals for the Board and

the assigned Hearing Officer.

In addition, an extension of this time period will

not result

in any hardship or prejudice to Petitioner.

ELECTRONIC

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DECEMBER

2005

WHEREFORE, the

Illinois EPA respectiully

requests

that the

Board grant this

Motion

for Extension of Time to File Record to a date determined by the Board to be

appropriate and/or consistent with any decisional deadline

in this matter.

Respectfully submitted by,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Sally AUCarter

Assistant Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

(217)782-5544

ELECTRONIC

FILING,

RECEIVED,

CLERK’S OFFICE,

DECEMBER

2005

CERTIFICATE OF

SERVICE

hereby certify that on the I~

day of December 2005, I did

send, by electronic

mail with prior approval,

the

following instrument entitled MOTION FOR

EXTENSION OF TIME TO FILE

RECORD

to;

Dorothy Gunn,

Clerk

Illinois Pollution Control Board

100 West Randolph Street

Suite

I -500

Chicago,

Illinois 60601

and a true and correct copy of the

same foregoing instrument, by First Class Mail with

postage

thereon fully paid and deposited

into the possession of the United States Postal

Service,

to:

Bradley P. Halloran

Sheldon A. Zabel

Hearing Officer

Kathleen C. Bassi

Illinois Pollution Control Board

Stephen J.

Bonebrake

James R. Thompson Center

Joshua R. More

Suite 11-500

Kavita M. Patel

100 West Randolph

Street

SchiffHardin, LLP

Chicago,

Illinois 60601

6600 Sears Tower

233

South Waeker Drive

Chicago, Illinois 60606

Sally Cfrer

Assistant Counsel