ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL. BOARD
UYNEGY MIDWEST GENERATION, INC
.
(WOOD RIVER POWER PLANT),
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Fo :
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Bradley Ilalloran
I learing 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
PCIL 06-1174
(Permit Appeal -Air)
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated:
Decemher
1
5- 20(15
Sheldon A . Label
Kathleen C . l3assi
Stephen J. l3onebrake
Joshua R . More
Kaviia Nl. Patel
SCH1FF IIARDIN . LLP
0600 Sears Mower
233 South Wacker Drive
Chicaggo.Illinois 60606
312-258-5500
Fax
:
; 12-258-5000
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
RESPONSE TO AGENCY'S MOTION
FOR EXTENSION OF TIME TO FILE RECORD
NOW COMES Petitioner, Dynegy Midwest Generation. Inc., by and through its
attorneys, Schiff I lardin, LLI', 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
:
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. i t 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 riot 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 tile
record .
I
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 -
BEFORE T111: ILLINOIS POLLUTION CON fROL BOARD
DYNEGY MIDWEST GENERATION, INC .
)
(WOOL) RIVER POWER PLANT),
)
Petitioner,
)
1'CB 06-074
ILLINOIS ENVIRONNIENLAL
PROTECTION AGENCY,
j
)
(Permit Appeal - Air)
Respondent .
)
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 15, 2005
for am" much less all . ol'the issues raised in the appeal . 1heretore, it is necessary and
appropriate that the Agency file the record in this appeal
.
3
.
Petitioner also understands the Agency's problem in preparing the record for
tiling and does not object to the Board's granting the Agency an extension of time to tile the
record. Ilowe%er. Petitioner requests that the Board grant such extension of time 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 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,
DYNEGY MIDWEST GENERATION, INC
.
(WOOD RIVER POWER PLANT )
Dated :
December 15, 2005
Sheldon A. Zahel
Kathleen C.I3assi
Stephen J. Bonebrake
Joshua R. More
Kavita M . Patel
SCIIIFF 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 TILE ILLINOIS POLLUTION CONTROL BOARD
DYNEGY MIDWEST GENERATION, INC .
(WOOD RIVER POWER PLANT),
Petitioner,
)
)
v
.
)
PCB 06-074
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
by electronic delivery upon the following
person
:
Pollution Control Board. Attn: Clerk
James K. 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
Dynegy Midwest Generation, Inc., (Wood River Power Plant),
-5-
(Permit Appeal - Air)
and by electronic and first class mail upon
the following person
:
Rohb 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.Iavman uepa.state.iLus
sal lv.cartcr6iepa
.state . i I.
L
is
Bradley Halloran, I learing Officer
Pollution Control Board
Jarnes R. Thompson Center
100 W . Randolph, Suite, 11-500
Chicago, Illinois 60601
hal lorab(iJi2cb.state_il.us
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 2005
Dated
:
December 15 . 2005
Sheldon A . Zabel
Kathleen C . I3assi
Stephen J. I3onebrake
Joshua R. More
Kavita M . Pate)
SCHIFF HARDIN . li P
6600 Sears To'+er
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
Cll:'lia2%71J
