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To
:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE: TtIE ILLINOIS POLLUTION CONTROL BOARD
DYNECY MIDWEST GENERATION, INC .
(HAVANA POWER PLANT),
Petitioner,
V
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Pollution Control Board. Attn: Clerk
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago_ Illinois 60601
Bradley Ilalloran
I tearing Officer
Pollution Control Board
.lames R Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Kathleen C. Bassi
NOTICE OF FILING
1
)
PCB 06-071
(Permit Appeal - Air)
Rohb 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
.
 
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated :
December 15 .2005
Sheldon
AA
.
Zahel
Kathleen C. 13assi
Stephen
.I. 13onebrake
Joshua R . '%lore
Kavita M . Patel
SCIIIFF I-IARDIN . LLP
6600 Sears lbwcr
233 South Wacker Drive
Chicago. Illinois 60606
3)12-253-5500
Fax: 312-253-5600
 
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC .
)
(HAVANA POWER PLANT),
)
Petitioner,
)
v
)
PC13 06-071
(Permit Appeal- Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
RESPONSE TO AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW' CO ES petitioner, Dynegy Midwest Generation, Inc
.. by and through its
attorneys, Schiff Hardin, LIT, 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
:
I
.
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 tiling 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 tile 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, CLERK'S OFFICE, DECEMBER 15, 2005
I'm- any, much Icss a I
L
of the issues raised in the appeal . Therefore, it is necessary and
appropriate that the Agency life the record in this appeal
.
3
.
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. I lowevcr, Petitioner requests that the Hoard grant such extension of time Until Januarn-
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. 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 .
DYNEGY MIDWEST GENERATION, INC
.
(ILAVANA POWER PLANK)
by
Dated :
December 15, 2005
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Joshua R. More
Kavita M . Patel
SCHIFF HARDIN. UP
6600 Scars Tower
233 South Wacker Drive
Chicago. Illinois 60606
312-258-5500
Fax: 312-258-5600
- 4-
One of Its Attorneys
 
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
I)YNEGY MIDWEST GENERA TION, INC
.
)
(HAVANA POWER PLANT),
)
Petitioner,
)
v .
)
PC13 06-071
(Permit Appeal - Air)
Respondent .
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
CER"I'IFICATE OF SERVICE
1, the undersigned. certify that I have served the attached Appeal of CAAPP Permit of
Dynegy Midwest Generation, Inc ., (Ilavana Power Plant),
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
athleen C. Bassi
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, Fast
P.O. Box 19276
Springfield, Illinois 62794-9276
robb.laymanr,epastgc.II .us
sal
lv .
carter(u)epa state . i l _us
Bradley Ilalloran, Ilearing Officer
Pollution Control Board
James R. Thompson Center
100 W . Randolph, Suite, 11-500
Chicago. Illinois 60601
hallorab(alipcb.state
.il_us
- 5-
 
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
1)ceemher I S . 2005
Sheldon A. Label
Kathleen C . L3assi
Stephen J . I3oncbrake
Joshua R. More
Kavita M . Patel
SCIIIFF IIARDIN. LLP
6600 Sears 'I ower
333 South Wacker Drive
Chicago
. Illinois 60606
313 _58-5500
Fas:312-2585600
(Ir12
1112830 .1

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