ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE TILE ILLINOIS POLLUTION CONTROL BOARD
NIII)WEST GENERA77ON, TLC,
POWERTON GENERATING STATION,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
To
:
Pollution Control Board, Attn : Clerk
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago .. Illinois 60601
Bradley Iialloran
Itearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
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 .
NOTICE OF FILING
PCB 06-059
(Permit Appeal - Air)
Robh Layman
Sally Carter
Division of I,.egal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue . East
P.O. Box 19276
Springfield, Illinois 62794-9276
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
December IS. 2005
Sheldon A. Zabel
Kathleen C . Bassi
Stephen J . Bonehrake
Joshua R. More
Kavita M . Patel
SCHIPF ITARDIN . I .I 1
6600 Scan Tower
233 South Waeker Drive
Chicaggo.Illinois 60606
312-258-5500
Fax: 312-258-5600
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
BEFORE TILE ILLINOIS POLLLTION CONTROL BOARD
MIDWEST GENERATION, LLC,
)
POWERTON GENERATING STATION,
)
Petitioner,
)
v .
)
PCB 06-059
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
RESPONSE TO AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, Midwest Generation. LLC . by and through its attorneys. Schiff
I)ardin, 1.1,1 1
. and responds to the Illinois Environmental Protection Agency's ("Agency")
Motion for Extension ol'Time to File Record in the above-captioned matter, stating as follows :
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 .
2
.
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
.
-3-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Petitioner also understands the Agency's problem in preparing the record for
filing and does not object to the Board's granting the Agency an extension of time to file the
record. Itoxwever, Petitioner requests that the Board grant such extension of time until
.lanuary
26. 2006. with leave to seek a further extension ifthe 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 filing fewer than the number of copies mandated by the
Board's rules . The 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 GENERATION. LLC,
POWERTON GENERATING STATION
Dated :
December 15, 2005
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M. Patel
SCIIIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
-4-
One o Its Attorneys
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLI TION CONTROL BOARD
MIDWEST GENERATION, LLC,
POWERTON GENERATING STATION,
Petitioner,
V .
ILLINOIS ENVIRONIYIENTAL
PROTECTION AGENCY,
Respondent
.
by electronic delivery upon the following
person
:
Pollution Control Board, Attn: Clerk
.lames R. Thompson Center
100 W. Randolph. Suite 11-500
Chicago, Illinois 60601
CERTIFICATE OF SERVICE
I. the undersigned . certify that I have served the attached Appeal of CAAPP Permit of
Midwest Generation, LLC, PoNserton Generating Station,
-5-
PCB 06-059
(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 .lav_manr~Pepa.state
.i1 .us
salty
.cart er(c.~,epa.state .il .us
Bradley Halloran. Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W . Randolph, Suite, 11-500
Chicago, Illinois 60601
halloraVdli eh state iLus
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
Deccmher 15.2005
Sheldon A. Zahel
Kathleen C . l3assi
Stephen J . 13onebrake
Joshua K . More
Kavita M. Patel
SCI-IIF1 : IIARDIN. LLP
6600 Sears lower
233 South Wacker Drive
Chicago. Illinois 60606
312 255-5500
Fax: 312 258-5600
CH.'.1131'817 1
