ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERA'LTON, INC .
(HENNEPIN POWER PLANT),
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Yo
:
Pollution Control Board, Attn : Clerk
James R. Thompson Center
100'v\'. Randolph, Suite 11-500
Chicago. Illinois 60601
Bradley Ilalloran
Ilearine Officer
Pollution Control Board
James R. Thompson Center
100 W, Randolph, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICI 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
Rohh Layman
Sally Carter
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, Last
1 1.0. Box 19276
Springfield, Illinois 62794-9276
1
PCB 06-072
(Permit Appeal-Air)
)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
December I5, 2005
Sheldon A. Zabel
Kathleen C . Bassi
Stephen J. Bonebrake
Joshua R . Nlore
Kavita M. Patel
SCHIFF HARDIN . I I.I'
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
3t2-258-55 00
Fax: 312-258-5600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
I)YNEGY MIDWEST GENERATION, INC
.
)
(HENNEPIN POWER PLANT),
)
Petitioner,
)
v .
)
PCB 06-072
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
RESPONSE TO AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, D ynegy Midwest Generation. Inc
.. by and through its
attorneys. Schiff ilardin, LLP. and responds to the Illinois Environmental Protection Agency's
("Agency") Motion for Extension of lime 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 sonic 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
Ibr an v, 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
.
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 tile the
record. I lowever, Petitioner requests that the Board grant such extension of tine 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 tile Agency may seek to reduce its copying
hurdens relative to the record through filing fewer than the number of copies mandated by the
Hoard'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 GENERA IION, INC
.
(HENNEPIN POWER PLANT)
by
One of Its Attorneys
Dated :
December 15, 2005
Sheldon A . Zabel
Kathleen C . Bassi
Stephen J. Bonebrake
Joshua R. More
Kavita M . Patel
SCHIFF I°IARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
- 4-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE lHl: ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC .
(IIENNEPIN POWER PLANT),
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
by electronic deliver upon the following
person
:
Pollution Control Board. Attn: Clerk
James R. Thompson Center
100 W. Randolph, Suite It -500
Chicago, Illinois 60601
Ka lileen C . Bassi
-5 -
PCB 06-072
(Permit Appeal-Air)
CERTIFICATE OF SERVICE
l, the undersigned . certify that I have served the attached Appeal of CAAPP Permit of
Dynegy Midwest Generation, Inc ., (Hennepin Power Plant),
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
rohh._Igt nanr7epa state .i l
its
salt y.carter(r)epa.state .i l .us
Bradley Halloran, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite, 11-500
Chicago, Illinois 60601
hallon- ajpcb_state_if .us
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
December 15.2005
Sheldon A .Zahel
Kathleen C . Bassi
Stephen J .lionebrakc
Joshua R . More
Kavita NI . Patel
SCHIPI I IARDIN . III)
6600 Sears 'lower
23', Soulh blacker Drive
Chicago. Illinois 00606
312-258-5500
Fax: 312-258-3600
