~fLEJt~1~DNG,
RE~
VE~CLERKSOFFICE,
DECEMBER
1
2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
DYNECY MIDWEST GENERATION, INC.
)
(WOOD RIVER POWER STATION),
)
)
Petitioner,
)
)
v.
)
PCB 2006-74
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
NOTICE
To:
Dorothy Gunn,
Clerk
Sheldon
A. Zabel
Illinois Pollution Control
Board
Kathleen C. Bassi
100 West Randolph Street
Stephen
J. Bonebrake
Suite
11-500
Joshua R. Mote
Chicago, Illinois 60601
Kavita
M.
Patel
SchiffHardin, LLP
BradleyP. Halloran
6600 Sears Tower
Hearing Officer
233 South Wacker Drive
Illinois Pollution Control
Board
Chicago, Illinois 60606
James
R. Thompson Center
Suite 11-500
IOU 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 Hearina Office
and
the attorney for the
Petitioner.
Respectfully submitted by,
S’atly
Cafrer
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
DYNEGY MIDWEST GENERATION,
INC.
(WOOD RIVER POWER STATION),
)
Petitioner,
)
)
v.
)
PCB 2006-74
)
(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”) 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 (“CAAPP”) permit issued to Dynegy Midwest Generation, lnc.
(“Dynegy” or
“Alton”) by the Illinois EPA on September
29,
2005.
The
permit authorized the
operation of an electrical power
generation facility
known
as the Wood River Power
Station.
The facility
is located at #1
Chesseri Lane,
Aiton, Illinois.
Formal notice of the
appeal was served
upon the Illinois EPA on November
7, 2005.
2.
On November 17, 2005, the Board acceptcd Dynegy’s Petition for
hearing.
In
addition, the Board ordered the Respondent to file the entire record of its
determination within
30 days of receiptof the Petition.
If an extension of time to
file the
3.
ELECTRONIC
FILING,
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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
olthe
administrative record
relating to Dynegyas
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, Alton’s record consists generally of five to
six trial boxes of
material.
Approximately two to three boxes are particular to Alton 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 (“RAW’) and enforcement case
matters unrelated to the present appeal, Mr. Layman
was generally unable to assist inthe
compilation of the record until this past month.
2
P
EiEbThb~JIC
FlUNG,
RECEIVED,
CLERK’S
OFFICE, DECEMBER1,2005
-~
5.
Due to the
sheer magnitude of the documentation underlying the Illinois
EPA’s permitting decision in this matter and the additional
twentyCAAPP 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 detennined 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 filingof 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 may not 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 Alton atone.
This
does
ELECTRONIC
FILING,
RECEIVED, CLERK’S OFFICE,
DECEMBER
1,
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.
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 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 constrained
State resources on a
potentially unnecessary copying job.
Moreover, this will farther 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.
4
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 deten-nined by the Board to be
appropriate and/or consistent with any decisional deadline
in this matter.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Sally A. tarter
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
S
-
ELECTRONIC
FILING,
RECEIVED,
CLERKS
OFFICE,
DECEMBER
1,
2005
CERTIFICATE OF SERVICE
I hereby 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, 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. Pate
100 West Randolph Street
SchiffHardin,
LLP
Chicago, Illinois 60601
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Sally C#ter
Assistant Counsel
