ELECTRONIC
    FILING,
    RECEIVED, CLERKS
    OFFICE,
    DECEMBER
    2,
    2005
    THE CITY OF SPRINGFIELD,
    a
    municipal
    corporatioii,
    Petitioner,
    V.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    BEFORE THE POLLUTION
    CONTROL BOARD
    OF ‘HE
    s’rATE
    OF ILLINOIS
    )
    )
    PCB
    06-75
    (Permit
    Appeal
    —
    Air)
    )
    )
    )
    NOTICE
    OF FILING
    To:
    Dorothy M.
    Gunn
    Clerk
    of the
    Board
    Illinois Pollution Control Board
    100
    West Randolph
    Suite
    11-500
    Chicago, IL 60601
    Carol Webb
    Hearing Officer
    Illinois Pollution Control Board
    1021
    North Grand Avenue
    East
    P.O. Box
    19274
    Springfield,
    IL 62794-9274
    Please take notice that
    on
    December
    2, 2005,
    of the Illinois Pollution Control Board the MOTION
    TO
    RESPONDENT’S RESPONSE TO MOTION
    PERMIT,
    which is served
    upon
    you.
    Dated:
    December 2,
    2005
    Cynthia
    A. Faur
    Mary
    A. Gade
    Elizabeth A. Leifel
    Sonnenschein Nath & Rosenthal
    LLP
    8000
    Sears Tower
    Chicago,
    Illinois
    60606
    (312) 876-8000
    Robh
    F.
    Layman
    Sally Carter
    Illinois Environmental
    Protection
    Agency
    1021
    North Grand Avenue
    East
    P.O. Box
    19276
    Springfield,
    IL 62794-9276
    Mr. William Murray
    City Water Light
    &
    Power
    800 East
    Monroe Street
    4))) Floor
    Springfield, IL 62701
    we
    filed electronically with the Office of the Clerk
    FOR
    LEAVE TO FILE
    A REPLY INSTANTER
    TO STAY
    EFFECTIVENESS OF CAAPP
    Respectfully submitted,
    THE
    CITY OF SPRINGFIELD,
    a municinal corporation
    One of its attorneys
    THIS FILING IS BEING SUBMITTED
    ON
    RECYCLED
    PAPER
    ELECTRONIC FILING,
    RECEIVED, CLERKS
    OFFICE,
    DECEMBER
    2,
    2005
    BEFORE
    TFIE POLLUTION CONTROL BOARD
    OF
    THE STATE OF
    ILLINOIS
    THE
    C1’I’Y
    OF SPRINGFIELD,
    )
    a municipal
    corporation,
    )
    Petitioner,
    )
    PCB 06-75
    v.
    )
    (Permit
    Appeal
    -
    Air)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    MOTION FOR LEAVE TO FILE A REPLY INSTANTER
    TO
    RESPONDENT’S RESPONSE TO MOTION
    TO STAY EFFECTIVENESS OF CAAPP PERMIT
    NOW COMES Petitioner, City of Springfield,
    as owner and operator of an electric
    generation and transmission company
    commonly known as City Water, Light & Power
    (“CWLP”), and by and through
    its attorneys,
    Cynthia A.
    Faur, Mary
    A.
    Gade, Elizabeth A.
    Leifel,
    and Sonnenschein Nath & Rosenthal
    LLP,
    and pursuantto
    Section
    101.500(e) of the
    Illinois Pollution Control Board’s (“Board’s”) procedural rules,
    35
    Ill.
    Admin.
    Code
    §
    101.500(e), petitions the Board for leave to file its Reply to Respondent’s Motion
    in Partial
    Opposition to, and Partial
    Support of, Petitioner’s Request for
    Stay to Motion to Stay
    (“Motion”).
    In support of this motion, CWLP states as
    follows:
    1.
    On September 29, 2005, Respondent issued to CWLP a final permit (“Permit”)
    pursuant to the Clean Air Act Permit Program (“CAAPP”).
    2.
    On November
    3, 2005, CWLP filed with the Board a Petition For Hearing To
    Review Clean Air Act Permit Program Permit Issuance pursuant to
    415 ILCS
    5/40.2.
    3.
    Also
    on November
    3, 2005,
    CWLP filed a Motion to Stay Effectiveness of its
    CAAPP permit pursuantto
    35111.
    Admin. Code
    §
    105.304(b).
    ELECTRONIC
    FILING,
    RECEIVED,
    CLERKS
    OFFICE,
    DECEMBER
    2,
    2005
    4.
    On November
    18,
    2005, Responclerit
    filed with the Board its
    Motion in Partial
    Opposition to, and Partial
    Support of
    Petitioner’s Request for Stay.
    Respondent’s Motion
    was
    served upon CWLP on November 21, 2005.
    5.
    Under the
    Board’s procedural
    rules, a moving party is
    not entitled to file a reply,
    except
    as permitted
    by the Board or
    the
    Hearing Officer to
    prevent material
    prejudice.
    35
    Ill.
    Admin.
    Code
    §
    101.500(e).
    The
    Board’s rules further provide that a Motion for Leave
    to Reply
    must be
    filed within
    14 days of service of the Respondent’s Motion.
    Id.
    6.
    In
    its Motion, Respondent makes certain representations concerning the
    legal and
    regulatory framework regarding an automatic stay
    of the
    effectiveness
    of a CAAPP permit
    pending final resolution
    by
    the Board on appeal.
    CWLP does not believe
    that
    these
    representations completely or appropriately characterize the
    legal
    or regulatory
    framework.
    Further,
    CWLP believes that factual characterizations in the Respondent’s Motion concerning the
    content of CWLP’s permit
    and the extent to which the
    permit has been appealed
    are inaccurate,
    and Respondent’s characterizations of the legal and regulatory framework
    regarding a
    discretionary
    stay of the permit are not appropriate.
    7.
    Failure to allow CWLP an opportunity to address the characterizations of the
    factual and legal issues set forth in Respondent’s
    Motion would
    materially prejudice CWLP.
    -2-
    ELECTRONIC
    FILING,
    RECEIVED,
    CLERK’S OFFICE,
    DECEMBER
    2,
    2005
    WHEREFORE,
    for the above and foregoing reasons, Petitioner
    Cl’l’Y
    OF
    S1~RINGF1ELDrespectfully requests that
    the hearing Officer grant it leave to file
    its Reply to
    Respondent’s Motion
    in Partial
    Opposition to,
    and Partial
    Support of, Petitioner’s Request for
    Stay instanter.
    Respectfully submitted,
    CITY
    OF SPRINOFIEL
    tioner
    By:___
    e of Its Attorneys
    Dated December
    2,
    2005
    Cynthia A. Faur
    Mary A.
    (lade
    Elizabeth A.
    Leifel
    SONNENSCHEIN NATH
    & ROSENTHAL
    LLP
    8000 Sears Tower
    233
    South Wacker Drive
    Chicago, Illinois 60606
    (312) 876-8000
    11974036
    -3-
    ELECTRONIC
    FILING,
    RECEIVED, CLERK’S OFFICE,
    DECEMBER
    2,
    2005
    CERTIFICATE
    OF SERVICE
    The undersigned,
    an attorney, certil~’
    that
    I
    have served
    upon
    the
    individuals
    named
    on
    the
    attached Notice of Filing true and correct copies of the MOTION FOR LEAVE TO FILE A REPLY
    INSTANTER TO
    RESPONDENT’S RESPONSE TO MOTION TO STAY EFFECTIVENESS
    OF
    CAAPP
    PERMIT
    by electronic
    flic and First Class Mail, postage prepaid on
    December 2, 2005.

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