ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC,
CRAWFORD GENERATING STATION,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
fo
:
Pollution Control Board. Attn: Clerk
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
NOTICE OF FILING
Robb Layman
Sally Carter
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution control Board Petitioner's Response to the Agency's Motion for Extension of Time
to File Record, a copy of which is herewith served upon each of you-
PCB 06-0.56
(Permit Appeal-Air)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
Deccmher I5 . 2005
Sheldon A, Zabel
Kathleen C . Bassi
Stephen
.I. Bonebrake
Joshua R. More
Kavita M . Patel
SCI-TIFF HARDIN . I,LP
6600 Sears I o er
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC,
)
CRAWFORD GENERATING STATION,
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
2 .
-3 -
PCB 06-056
(Permit Appeal - Air)
RESPONSE TO AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, Midwest Generation, 11C, by and through its attorneys, Schiff
Hardin, LIP, and responds to the Illinois Environmental Protection Agency's ("Agency')
Motion for Extension of Time to File Record in the above-captioned matter, stating as follows
:
1
.
The Agency represents in its Motion that the record in this matter is voluminous
and that, having insufficient staffing of its own to perform the copying, it has had difficulties in
finding a copy service willing to perform the task necessary here . The Agency observes in its
Motion that while many permit appeals are protective in nature and so do not necessarily require
the filing of a record, the complexities in this appeal make it more likely that the record will be
necessary. Finally, the Agency requests an indefinite extension of time in which to file the
record .
Petitioner agrees that while some issues in this matter may be addressed through
discussion and agreement between the parties, it is premature to determine whether that is true
for any, much less all, of the issues raised in the appeal . Therefore, it is necessary and
appropriate that the Agency file the record in this appeal .
ELECTRONIC FILING. RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
;
.
Petitioner also understands the Agency's problem in preparing the record for
tiling and does not object to the Board's granting the Agency an extension of time to file the
record. I-lowever. Petitioner requests that the Board grant such extension of time until January
26. 2006. with leave to seek a further extension if the Agency has been unable to prepare and file
the record by that time .
4
.
Finally, Petitioner understands that the Agency may seek to reduce its copying
burdens relative to the record through fling Fewer than the number of copies mandated by the
Board's rules. I -he Agency has discussed this with Petitioner, and petitioner has no objection to
the Board granting the Agency reasonable relief from that requirement
.
Respectfully submitted,
MIDWEST GFNFRA'IION. I-LC-
CRAWFORD UENFRATING STATION
-4-
One of Its Attorneys
Dated :
December 15, 2005
Sheldon A. Zahel
Kathleen C . Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M. Patel
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE. THE; ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LLC,
CRAWFOIRD GENERATING STATION,
Petitioner,
r .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
by electronic delivery upon the following
person
:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
CERTIFICATE OF SERVICE
1, the undersigned. certify that I have served the attached Appeal of CAAPP Permit of
Midwest Generation, LLC, Crawford Generating Station,
- 5 -
PCB 06-056
(Permit Appeal - Air)
and by electronic and first class mail upon
the following person
:
Robh Layman
Sally Carter
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
robb .laymanu)cpan
state . i I . us
sally. carter4.~epastate . i I . us
Bradley Halloran, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite, 11-500
Chicago. Illinois 60601
hallorabr,`a, ipcb.state .il .u s
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
December L5, 2005
Sheldon A . Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Joshua Et . More
Kavita NI . Patel
SCFIIFF FLV2DIN, LLP
6600 Sears "rower
233 South Wacker Drive
Chica o, Illinois 60606
312-258-5500
Fax: 312-258-5600
CH 2' 1342774 .1
