ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE TTIL: ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC
.
)
(BAL)WIN E,NF,RGY COMPLEX),
)
1
Petitioner,
)
V
.
)
PC13 06-063
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
To
:
Pollution Control Board, Attn : Clerk Rohb I ayinan
James R. Thompson Center
Sally Carter
100 W. Randolph, Suite 11-500
Division of Legal Counsel
Chicago. Illinois 60001
Illinois Environmental Protection Agency
1021 North Grand Avenue. East
P.O. Box 19276
Springfield, Illinois 62794-9276
Bradley I lalloran
Hearing 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
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
December 1
S
2005
Sheldon A . Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Joshua R. More
Kavita M . Patel
SCI 1111 : I IAIZDIN. LIT
6600 Scars Tower
233 South Wacker Drive
Chicago. Illinois 60606
312-255-5500
Fax
:
112-258-S000
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
BEFORE TITS ILLINOIS P01,1A 'ION CONTROL BOARD
DYNE(:Y MIDWEST' (;ENERATION, INC
.
)
(BAL)W'IN ENERGY COMPLEX),
)
Petitioner,
)
PCB 06-063
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTEGFION AGENCY,
)
Respondent.
)
RESPONSE TO AGENCY'S MO'FION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, Dynegy Midwest Generation, Inc ., by and through its
attorneys, Schiff I Iardin, 1,1
.1 1, and responds to the Illinois Iinrironmcntal Protection Agency's
("Agency') Motion for Extension of Mime 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 rile 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
-3-
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
for any. much less all. of the issues raised in the appeal . l herelbre, it is recess r and
appropriate that the Agency file the record in this appeal
.
3
.
Petitioner also understands the Agency's problem in preparing the record for
f line and does not object to the Board's granting the Agency an extension of time to tile the
record . I lowever. Petitioner requests that the Board grant such extension of'tinte until January
26, 1'_006. 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 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,
DYNEGY MIDWEST GENERATION, INC
.
(BALDWIN ENERGY COMPLEX)
b
Dated
:
December 15, 2005
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
Joshua R . More
Kavita M. Patel
SCI 11FF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago. Illinois 60606
312-258-5500
Fax: 312-258-5600
-4-
One of Its Attorneys
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE: ILLINOIS POUT TION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC .
(13ALDWIN ENERGY COMPLEX),
Petitioner,
)
V
.
)
PCB (16-063
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
Kathleen C. Bassi
CERTIFICATE OF SERVICE
I. the undersiened. certify that I have served the attached Appeal of CAAPI' Permit of
Dynegy Midwest Generation, Inc
., (Baldwin Energy Complex),
and by electronic and first class mail upon
the following person
:
Robb Layman
Sally Carter
Division of T.egal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, Fast
P.O. Box 19276
Springfield, Illinois 62794-9276
robb.Ia manltuepa.state.iLus
sally.carter@ cpa.state I_us
Bradley Halloran, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite, 11-500
Chicago, Illinois 60601
hallorabrz) ipcb.state .il .us
-5 -
(Permit Appeal - Air)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
December IS. 2005
Sheldon A. Zabel
Kathleen C . I3assi
Stephen J. Ronebrake
Joshua R, More
Kayita NI. Patcl
SCI III F I IARDIN. LLP
6600 Sears 'lower
'33 South bkacker Drive
Chicago. Illinois 60606
312-255-5500
Fax: 312-355-5600
