ELECTRONIC

I~ILING,RECEIVED, CLERKS

OFFICE,

DECEMBER

1,2005

BEFORE THE

ILLINOIS POLLUTiON CONTROL BOARD

OF THE STATE

OF 1LUNOIS

DYNECY MIDWEST GENERATION, iNC.

(HAVANA POWER STATION),

)

Petitioner,

)

PCB 2006-71

)

(CAAPP Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent

)

NOTICE

To:

Dorothy Gunn,

Clerk

Sheldon

Zabel

Illinois

Pollution Control Board

Kathleen C. Bassi

100 West Randolph Street

Stephen

1. Bonebrake

Suite

11-500

Joshua R.

Chicago, Illinois 60601

KavitaM. Paid

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

111-500

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 Hearing Office

and

the attorney for the

Petitioner.

Respectfully submitted by,

Sally G&ter

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

DYNEGY MIDWEST GENERATION, JNC.

(HAVANA POWER STATION),

)

Petitioner,

)

PCB 2006-71

(CAAPP Permit Appeal)

JLLINOIS 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 Ill. 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 Board on November 3, 2005,

seeking a review of certain permit conditions contained

within the Clean Air Act Permit

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

Inc. (“Dynegy”

“Havana”) by the Illinois EPA on

September 29, 2005.

The

permit

authorized the

operation of an electrical power generation

facility known as the Havana Power Station.

The facility is located

15260 North State Route 78 in Havana, Illinois:

Formal notice

of the appeal

was

served upon the Illinois EPA on

November 7, 2005.

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

ELECTRONIC FILING,

RECEIVED, CLERKS

OFFICE,

DECEMBER

1, 2005

record

would be sought by the Respondcnt, 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 astaff 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 thisjuncture, Havana’s record

consists generally of five to six trial boxes of

material.

Approximately two to three boxes are particular to Havana 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 to the press of other permit appeals before the United States Environmental

Protection Agency’s Environmental Appeals Board (“EAR”)

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.

ELECTRONIC

FILING,

RECEIVED, CLERK’S 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 Tllinois EPA

was

not able to compile the entire administrative record on or

before Deccmber 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.

First, while counsel for the Tllinois 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.

addition, it is

also the

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

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

appears that a settlement resolution cannot be reached.

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 Havana atone.

This does

ELECTRONIC FILING,

RECEIVED, CLERK’S OFFICE,

DECEMBER

2005

not include the five to six boxes that would be required

for both the

T-Icaring Officer

and

opposing counsel.

Due to these constraints, counsel has been researching the possibility

of hiring

outside contractor to perform the required copying and/or screening.

However, the State

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 to

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 eventthat the matter does not

settla

This will serve to limit the expenditure of 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 trial

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

the assigned

I-fearing 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

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.

Respectfiully submitted by,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Sally Abtarter

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

1st

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:

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 6060!

6600

Sears Tower

233 South Wacker Drive

Chicago,

Illinois 60606

Sally Cter

Assistant Counsel