ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

OF THE STATE

ILLINOIS

MIDWEST GENERATION, LLC,

)

WILL

COUNTY

GENERATING STATION,

)

Petitioner,

)

PCB 2006-60

)

(CAAPP Permit Appeal)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

To:

Dorothy Gunn,

Cierk

Sheldon A. Zabel

Illinois Pollution Control Board

Kathleen

C. Bassi

100 West Randolph Street

Stephen J. Bonebrake

Suite 11-500

Joshua R. More

Chicago, illinois 60601

Kavita M.

Patel

SchiffHardin, LLP

Bradley

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 Clerk of

the Illinois Pollution Control Board the MOTION

FOR EXTENSION OF TIME TO

FILE RECORD of the Respondcrit,

Illinois Environmental Protection Agency, a copy of

which is herewith served upon the assigned Hearing Office and the attorney for the

Petitioner.

Respeetfiuly submitted by,

Sally Ca#er

Assistant Counsel

Dated:

December

1,2005

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

~ELECTRONIC

FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

1,2005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

MIDWEST GENERATION, LLC,

)

WILL COUNTY GENERATING STATION,

)

Petitioner,

)

PCB 2006-60

)

(CAAPP Permit Appeal)

ILLINOIS ENVJRONMENTAL

)

PROTECTION AGENCY,

)

Respondent

)

MOTION FOR EXTENSION OF TIME TO FILE RECORD

NOW COMES the Respondent, mLINOIS ENVIRONMENTAL PROTECTION

AGENCY (“Illinois EPA”), by and through its attorneys,

pursuant to 35

HI. Adm. Code

105.116 and moves the ILLINOIS

POLLUTION CONTROL BOARD (“Board”)

for an

extension of the time to file the record of its determination in the

above-captioned matter.

Petitioners

filed their Petition with the

Boardon

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 “Will

County”) by the Illinois EPA on September 29, 2005.

The permit authorized

the

operation of an

electrical power generation facility known as the Will County Generating

Station.

The facility

is located at

529

East

135th

Road in Romeoville, Will County,

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

30 days of receipt of the Petition.

If an

extension of

ELECTRONIC

FILING,

RECEIVED,

CLERK’S

OFFICE,

DECEMBER

1, 2005

time to

file the

record

would

sought

the Respondent,

the Board’s order instntcted

that

such request

was

also

due

within

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 CAAPP permit appeals involving other electrical power

generation facilities in

the State.

At this juncture, Will County’s record consists

generally of five

to six trial boxes of material.

Approximately two to three boxes are

particular to Will County alone, while three other boxes

are more aptly characterized as

general reference material and documents relevant to 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 were

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

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 FILING,

RECEIVED,

CLERKS

OFFICE,

DECEMBER

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

5, 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 administrativerecord,

it is counsel’s estimation

that some of the

collective twenty-one appeals possess a much greater likelihood of

proceeding to heaxing, thus necessitating the filing of an

administrative record.

While

thiscase 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 is

also the Illinois EPA’s perception that the Board may not wish

to accept voluminous

administrativerecords in this and all of the other collective CAAPP

appeals unless

appears that a settlement resolution caimot be reached.

Second, the Illinois EPA does

not possess the support-staffto make the

necessary copies for filing before 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 Will County alone.

This

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

DECEMBER

2005

does not include the five

to six boxcs that would

rcquired for both the Hcaring 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

ofthousands of miscellaneous sized

documents.

Based on the foregoing, the Illinois EPA fonnally requests an extension of

time to file its administrative record with the

Board to a date determined by the Board to

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

flIed in

the event that the matter does not

settle.

This will serve to limit the expenditureof constrained State resources on a

potentially unnecessary copying job.

Moreover, this will further minimize any potential

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

boxes for this

appeal,

together with the other twenty CAAPP appeals for the Board and

the assigned Hearing Officer.

addition, an extension of this time period will

not result

in any hardship or prejudice to Petitioner.

ELECTRONIC

FILING,

RECEIVED, CLERKS

OFFICE,

DECEMBER

2005

WHEREFORE,

the Illinois EPA respectfUlly 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 Aitarter

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

I hereby certify that on

the

IM day of December 2005,

1 did

send, by electronic

mail with prior approval, the following instrument

entitled MOTION FOR

EXTENSION

OF TIME TO FILE RECORD to:

Dorothy GunI1, Clerk

Illinois Pollution Control Board

100 West Randolph

Street

Suite

11-500

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

Zabel

Hearing

Officer

Kathleen C.

Bassi

illinois Pollution Coritrol Board

Stcphen

J. Bonebrakc

James R. Thompson Center

Joshua R. More

Suite 11-500

KavitaM. Patel

100 West Randolph

Street

SchiffHardin, LLP

Chicago,

Illinois 60601

6600

Sears Tower

233

South Wacker Drive

Chicago, illinois 60606

duA

S~11yCler

Assistant Counsel