ELECTRONIC FILING,
RECEIVED,
CLERK’S
OFFICE,
DECEMBER
1:2005
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
AMEREN ENERGY RESOURCES
GENERATiNG COMPANY,
)
DUCK CREEK POWER STATION,
)
)
Petitioner,
)
)
v.
)
PCB 2006-66
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
To:
Dorothy Gunn, Clerk
James T. Harrington
Illinois Pollution Control Board
David L. Rieser
100
West Randolph Street
McGuire Woods, LLP
Suite
11-500
77
West Wacker, Suite
4100
Chicago, Illinois 60601
Chicago,
Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois
Pollution Control Board
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 ControlBoard the MOTION FOR EXTENSION OF TIME TO
FILE RECORD ofthe 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 Cilter
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, CLERKS OFFICE,
DECEMBER
1,
2005
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF
ILLINOIS
AMEREN ENERGY RESOURCES
)
GENERATING COMPANY,
)
DUCK CREEK POWER STATION,
)
)
Petitioner,
)
)
v.
)
PCB 2006-66
)
(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 35111. Adm. Code
105.116 and moves the ILLINOIS POLLUTION cONTROL BOARD (“Board”) foran
extension of the time to file the record of its determination in the above-captioned matter.
1.
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 (“CAAPP”) permit issued to AinOren Energy Resources Generating Company
(“Ameren” or
“Duck Creek”) by the Illinois EPA on September 29, 2005.
The permit
authorized the operation of an electrical power generation
facility known as the Duck
Creek Power Station.
The facility is located at
17751 North CLCO
Road in Canton,
Illinois. Formal notice of the appeal was served upon the Illinois EPA on November 4,
2005.
2.
On November
17, 2005, the Board accepted Ameren’s Petition for
hearing.
In addition, the Board ordered the Respondent to file the entire record of its
1
ELECTRONIC
FILING,
RECEIVED, CLERK’S
OFFICE,
DECEMBER
1,
2005
determination within
30
days of receipt of the Petition.
Ifan extension of 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.
3.
The undersigned attorney and a staff paralegal became involved with the
compilation of the administrative record relating to Ameren 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, Duck Creek’s record consists generally of five to six
trial
boxes of material.
Approximately two to three boxes are particular to Duck Creek 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
maycontain infonnation 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 inNovember2005.
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
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.
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 Board maynot wish to accept
voluminous
administrative records in this andall 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, ifthe 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 Duck Creek alone.
This
3
ELECTRONIC
FILING,
RECEIVED, CLERKS
OFFICE,
DECEMBER
1,
2005
does
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 copics often 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 rccord
with the Board to a date determined by the Board to
be appropriate and/or consistent with any decisional deadline in this matter.
9.
The grant ofthis 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 constrainS
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 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
FILING,
RECEIVED, CLERK’S OFFICE,
DECEMBER
1,
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 A4arter
Assistant Counsel
Illinois Environmental
Protection Agency
1021
North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois
62794-9276
(217)782-5544
5
P
ELECTRONIC FLING,
RECEIVED,
CLERK’S OFFICE,
DECEMBER
1,2005
CERTIFICATE OF SERVICE
Thereby certify that on the
I~
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, Tllinois 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
James T. Harrington
Rearing Officer
David L. Rieser
Illinois Pollution Control Board
McGuire Woods, LLP
James R.
Thompson Center
77 West Wacker, Suite 4100
Suite
11-500
Chicago,
Illinois 60601
100
West Randolph
Street
Chicago,
Illinois
60601
Sally cSter
Assistant Counsel
