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MIDWEST GENERATION, LLC,
JOLIET GENERATING STATION,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
To :
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, FEBRUARY 3, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PLEASE TAKE NOTICE that I have today electronically filed with the Office of the
Clerk of the Pollution Control Board RESPONSE TO AGENCY MOTION FOR LEAVE TO
FILE THE ADMINISTRATIVE RECORD ON A SET OF COMPACT DISCS, copies of
which are herewith served upon you .
NOTICE
(CAAPP Permit Appeal)
Robb Layman, Assistant Counsel
Sally Carter, Assistant Counsel
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, FEBRUARY 3, 2006
Dated: February 2; 2006
SCHIFF HARDIN LLP
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Joshua R. More
Kavita M. Patel
6600 Sears Tower
233 South Wacker Drive
Chicago. Illinois 60606
312-258-5567
FAX: 312-258-5600
 
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, FEBRUARY 3, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MIDWEST GENERATION, LLC,
)
JOLIET GENERATING STATION,
)
Petitioner,
)
v .
)
PCB 2006-58
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
RESPONSE TO AGENCY MOTION FOR LEAVE TO FILE THE
ADMINISTRATIVE RECORD ON ASET OF COMPACT DISCS
Petitioner, MIDWEST GENERATION, LLC, JOLIET GENERATING
STATION ("Petitioner"), by and through its attorneys, submits this Response to
Respondent ILLINOIS ENVIRONMENTAL, PROTECTION AGENCY's (the
"Agency") motion for leave to file the administrative record on a set of compact discs . In
support of this Response, the Petitioner states as follows
:
1
.
On November 2, 2005, attorneys for the Petitioner filed this appeal with
the Illinois Pollution Control Board ("Board") challenging certain permit conditions
contained within the Clean Air Act Permit Program ("CAAPP") permit issued with
respect to Petitioner by the Agency on September 29, 2005
.
2
.
On November 17, 2005, the Board accepted Petitioner's request for
hearing and ordered the Agency to file the entire record of its determination within 30
days of the receipt of the Petition
.
 
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 3, 2006
3 .
On December 1, 2005, the Agency filed a Motion for Extension of Time
to File the Record with the Board . Petitioner filed a response to that motion on or about
December 15, 2005. The Board has not yet ruled on the Agency's Extension Motion
.
4 .
The Agency is now requesting that it be granted leave to file the
administrative record on a set of compact discs
.
5
.
Petitioner has no objection to the filing of the administrative record on
compact discs provided that Petitioner is not precluded from seeking and timely obtaining
from Respondent complete and legible paper copies of documents that Petitioner or
Petitioner's counsel are unable to obtain from the compact discs . For example, Petitioner
should be permitted to timely obtain from Respondent, upon request to Respondent,
complete, legible paper copies of any documents that have not been properly scanned or
any documents that Petitioner or Petitioner's counsel are unable to open or read because
of technical or other electronic issues
.
6 .
That Petitioner does not oppose, on the conditions set forth above
.
Petitioner's decision not to oppose, on the conditions set forth above, is not to be
construed as a waiver of Petitioner's right to timely obtain hard copies of those
documents that Petitioner is unable to obtain in complete and legible form from the
compact discs .
2
 
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, FEBRUARY 3, 2006
For the foregoing reasons, Petitioner does not object to Respondent's request
that the Board allow the Respondent to file the administrative record on a set ofcompact
discs, provided that Petitioner is permitted to seek and timely obtain from Respondent
complete and legible paper copies of any documents that Petitioner or Petitioner's
counsel are unable to obtain in a complete and legible form from the compact discs
.
Respectfully submitted,
MIDWEST GENERATION, LLC,
JOLIET GENERATING STATION
by :
One of Its Attorneys
Dated: February 2, 2006
Sheldon A . Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Joshua R. More
Kavita M. Patel
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
CH2' 1567765 .1
3
 
C11h 1338306
.
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 3, 2006
CERTIFICATE OF SERVICE
I hereby certify that on the 2 nd day of February 2006, 1 did serve, by electronic filing, by
electronic mail, and by U .S. Mail postage prepaid, a true and correct copy of the attached
RESPONSE TO AGENCY MOTION FOR LEAVE TO FILE THE ADMINISTRATIVE
RECORD ON A SET OF COMPACT DISCS, upon the following persons
:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J . Bonebrake
Joshua R. More
Kavita M. Patel
SCHIFF HARDIN, LLP
6600 Sears Tower
233
South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax :
312-258-5600
Robb Layman, Assistant Counsel
Sally Carter, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276

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