ILLINOIS POLLUTION CONTROL BOARD
    February 2, 2006
    PRAIRIE RIVERS NETWORK and SIERRA
    CLUB,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and PRAIRIE
    STATE GENERATING COMPANY, LLC,
    Respondents.
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    PCB 06-124
    (Third-Party NPDES Permit Appeal -
    Water)
    AMERICAN BOTTOM CONSERVANCY
    and DALE WOJTKOWSKI,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and PRAIRIE
    STATE GENERATING COMPANY, LLC,
    Respondents.
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    PCB 06-127
    (Third-Party NPDES Permit Appeal -
    Water)
    (Consolidated)
    ORDER OF THE BOARD (by A.S. Moore):
    On January 30, 2006, respondent Prairie State Generating Company, LLC (Prairie State)
    filed a motion (Mot.) seeking leave for W.C. Blanton and Alison Nelson to appear
    pro hac vice
    on its behalf and represent its interests in this matter. Mot. at 3;
    see
    35 Ill. Adm. Code
    101.400(a)(3).
    Prairie State’s motion states that Mr. Blanton is a current member in good standing of the
    Bars of the States of Missouri, Minnesota and Indiana and that he is a partner in the Kansas City,
    Missouri office of Blackwell Sanders Peper Martin LLP. Mot. at 2. The motion further states
    that Mr. Blanton has previously appeared
    pro hac vice
    before the Board and is now appearing on
    that basis before the Board in PCB 99-134, People of the State of Illinois v. Peabody Coal
    Company, LLC. Mot. at 2.
    Prairie State’s motion also states that Ms. Nelson is a current member in good standing of
    the Bar of the State of Missouri and that she is an associate in the St. Louis, Missouri office of
    Blackwell Sanders Peper Martin LLP. Mot. at 2.
    2
    The Board’s procedural rules provide that “[a]ttorneys who are licensed to practice in a
    state other than Illinois and who are not licensed and registered to practice in the State of Illinois
    may request to appear
    pro hac vice
    on a particular matter on a motion filed with the Board.” 35
    Ill. Adm. Code 101.400(a)(3). The Board’s procedural rules also generally provide a 14-day
    period in which a party may respond to a motion. 35 Ill. Adm. Code 101.500(d). Specifically,
    “[u]nless undue delay or material prejudice would result, neither the Board nor the hearing
    officer will grant any motion before expiration of the 14 day response period except in deadline
    driven proceedings where no waiver has been filed.”
    Id
    .
    In its order accepting these petitions for hearing, the Board noted that only Prairie State
    as the permit applicant may extend the decision deadline by waiver.
    See
    McHenry County
    Defenders, Inc. v. IEPA, PCB 98-173, slip op. at 4-5 (Aug. 6, 1998); 35 Ill. Adm. Code 101.308.
    The Board further noted in that order that the current decision deadline in this consolidated
    proceeding is May 6, 2006.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before that deadline is scheduled to take place Thursday, May 4, 2006. To date, the Board has
    received no waiver of the decision deadline from Prairie State. In order to meet its statutory
    decision deadline and avoid undue delay, the Board grants Prairie State’s motion and grants Mr.
    Blanton and Ms. Nelson leave to appear
    pro hac vice
    on its behalf in this matter.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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