ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 1, 2005
    BEFORE THE ILLINOIS POLLUTiON CONTROL BOARD
    OF THE STATE OF ILLINOIS
    DYNEGY MIDWEST GENERATiON, INC.
    )
    (BALDWIN ENERGY COMPLEX),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB2006-63
    )
    (CAAPP Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    NOTICE
    To:
    Dorothy Guim, Clerk
    Sheldon A. Zabel
    Illinois Pollution Control Board
    Kathleen C. Bassi
    100 West Randolph Street
    Stephen J. Bonebrake
    Suite 11-500
    IoshuaR. More
    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 Clerk 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 Rearing Office and the attorney for the
    Petitioner.
    Respectfully submitted by,
    Sally C~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
    DYNECY MIDWEST GENERATION, INC.
    )
    (BALD WiN ENERGY COMPLEX),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB2006-63
    )
    (CAAPP Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    MOTION FOR EXTENSION OF TIME TO FILE RECORD
    NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY (“illinois EPA”), by and through its attorneys, pursuant to 35 III. 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.
    I.
    Petitioners filed their Petition with the Board on November 3,
    2005,
    seeking a review of certain permit conditions contained within the Clean Air Act Permit
    Program (“CAAYP”) permit issued to Dynegy Midwest Generation, Inc. (“Dynegy” or
    “Baldwin”) by the Illinois EPA on September 29, 2005. The permit authorized the
    operation of an electrical power generation facility known as the Baldwin Energy
    Complex. The facility is located at 10901 Baldwin Road, Baldwin, Randolph County,
    Illinois. Formal notice of the appeal was served upon the Illinois EPA on November?,
    2005.
    2.
    On November 17, 2005, the Board accepted Dynegy’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 time to file the
    1
    ELECTRONIC
    FILING, RECEIVED, CLERK’S OFFICE, DECEMBER 1, 2005
    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.
    3.
    The undersigned attorney and a staff paralegal became involved
    with
    the
    compilation of the administrative record relating to Dynegy 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, Baldwin’s
    record consists generally of five to six trial boxes
    of
    material.
    Approximately two to three
    boxes
    are particular to
    Baldwin
    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.
    4.
    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 case
    matters unrelated to the present appeal, Mr. Layman was generally unable to assist in the
    compilation of the record until this past month.
    2
    ELECTRONIC FILING, RECEIVED, CLERK’S OFFICE, DECEMBER 1, 2005
    5.
    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 on or
    before December 7,2005, 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.
    6,
    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 is 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 is
    also the Illinois EPA’s perception that the Boardmay not wish to accept voluminous
    administrative records in this and all of the other collective CAAPP appeals unless it
    appears that a settlement resolution cannot be reached.
    7.
    Second, the Illinois EPA does not possess the support-staff to 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
    olthe applicable copying requirements, the Respondent would still be mailing
    approximately twenty-five to thirty trial boxes to the Board for Baldwin alone. This does
    3
    P
    ELECTRONIC FILING, RECEIVED, CLERK’S OFFICE, DECEMBER 1,2005
    not include the five to six boxes that would bc 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 of ten. documents, counsel has not found a State
    contractor willing to make seven copies of thousands of miscellaneous sized documents.
    8:
    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 to
    be appropriate and/or consistent with anydecisional deadline in this matter.
    9.
    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 unnecessary copying job. Moreover, this will further minimize anypotential
    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 anyhardship or prejudice to Petitioner.
    4
    -—
    ELECTRONIC FILING, ~
    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 andlor consistent with any decisional deadline in this matter.
    Respectfully submitted by,
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Sally A. garter
    Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, illinois 62794-9276
    (217)782-5544
    S
    ELECTRONIC F~NG,RECEIVED, CLERKS OFFICE, DECEMBER 1, 2005
    CERTIFICATE OF SERVICE
    I hereby certify that on the l~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 Gunn, 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:
    BradleyP. Halloran
    Hearing Officer
    Illinois Pollution Control Board
    JamesR. Thompson Center
    Suite 11-500
    100 West Randolph Street
    Chicago, Illinois 60601
    Sheldon A. Zabel
    Kathleen C. Bassi
    Stephen J. Bonebrake
    Joshua R. More
    Kavita M. Patel
    SchiffHardin, LLP
    6600 Sears Tower
    233 South Wacker Drive
    Chicago, Illinois 60606
    4a1.ir ~ae~
    Sally CaMer
    Assistant Counsel

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