ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE TIIE ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENERATION, LI,C,
WILL COUNTY GENERATING STATION,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
'I o
:
Pollution Control Board . Attn: Clerk
James R. I hompson Center
100 W. Randolph. Suite l 1-500
Chicago. Illinois 60601
Bradley Flalloran
Flearing 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
13.0. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office ofthe 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 06-060
(Permit Appeal - Air)
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
Dated :
Dccernher I > . 2005
Shcldon A . Label
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M . Patel
SCHIFF HARDIN, LIP
6600 Sears Tower
3
233 South Wacker Drive
Chicago, Illinois 60606
12-258-5500
r
ax
.
', 12-258-5600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
RESPONSE "1'O AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, Midwest Generation, LLC, by and through its attorneys, Schiff
Hardin. LLP. and responds to the Illinois Environmental Protection Agency's ("Agency")
Motion for Extension of Time to Pile Record in the above-captioned matter. stating as follows
:
I' he 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 tiling of a record, the complexities in this appeal make it more likely that the record will be
necessary. Finally, the Agency requests a n indefinite extension of time in which to tile the
record .
2
.
Petitioner agrees that while some issues in this matter may be addressed through
discussion and agreement hetween 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-
BE FOR E'1'llE; ILLINOIS POLLUTION CONTROL BOARD
MIDWEST GENFRA'I'ION, LLC,
)
WILL COUNTY GENERATING STATION,
)
Petitioner,
)
1'(71306-060
ILLINOIS ENVIRONMENTAL
)
PROTEC'T'ION AGENCY,
)
Respondent .
)
(Permit Appeal -Air)
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 Boards e_ranting the Agency an extension of time to file the
record . However, Petitioner requests that the Board grant such extension of tune 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 .
I tnally, 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. '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 GENERATION. L I.C
WILL, COUNTY GENERATING STATION
Dated :
December I5, 2005
Sheldon A . Zabel
Kathleen C . Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M . Patel
SCHIFF HARDIN, LAY
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
-d-
One of Its Attorneys
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLLTION CONTROL. BOARD
MIDWEST GENERATION, LL(,
WILL COUNTY GENERATING STATION,
)
Petitioner,
)
v .
)
PC1306-061)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
by electronic delivery upon the following
person
:
Pollution Control Board. Attn: Clerk
James R.'Ihompson Center
100 W . Randolph, Suite 11 -500
Chicago, Illinois 60601
CERTIFICATE OF SERVICE
l. the undersigned, certify that I have served the attached Appeal of CAAPP Permit of
Midwest Generation, LLC, Will County Generating Station
.
(Permit Appeal- Air)
and by electronic and first class mail upon
the following person
:
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
rob b.lavman!iepa . stag. i 1 . us
sally .cartcriaepa.state.il.us
Bradley Ilalloran, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W . Randolph, Suite. 11-500
Chicago, Illinois 60601
hallorab(&,, iDeb. state
.it.u s
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
December I 5, 2005
Sheldon A. Zabel
Kathleen C . Bassi
Stephen J . 13 onebrake
Joshua 12 . More
Kavita M. Patel
SCI -TUFF IlARDIN, 12,P
6600 Sears Power
233
South Wacker Drive
Chicaeo, Illinois 60606
l12-258-5500
Fax : 3
238-5600
Ca'\ IzJ'-8_'I
1
