ILLINOIS POLLUTION CONTROL BOARD
R E
RK,E1 VIE
D
May 24, 2006
IN THE MATTER OF :
)
PROPOSED NEW 35 ILL . ADM. CODE 225 )
R06-25
CONTROL OF EMISSIONS FROM LARGE )
(Rulemaking - Air)
COMBUSTION SOURCES (MERCURY) )
HEARING OFFICER ORDER
On May 24, 2006, a pre-hearing phone conference was held to attempt to identify and
limit issues of disagreement among the participants to promote efficient use of hearing time . 35
Ill . Adm. Code 102.404(b) and 102
.406(c). In attendance were the Illinois Environmental
Protection Agency (Agency), and representatives for: (1) Ameren Energy Generating Company,
AmerenEnergy Generating Company, and Electric Energy Inc . ; (2) Dynegy and Midwest
Generation
; (3) Kincaid Generation, L.L.C .; (4) Illinois Environmental Regulatory Group ; (5)
Environment Illinois and Illinois Public Interest Research Group ; and (6) Environmental Law &
Policy Center.
During the prehearing conference, several issues were discussed including numerous
motions to file instanter and additional prefiling deadlines
. This hearing officer order will
summarize rulings made on issue .
Motions to File Prefiled QuestionsInstanter
On May 22, 2006, Ameren Energy Generating Company, Amerenenergy Resources
Generating Company and Electric Energy, Inc
. filed a motion to file questions instanter.
In
addition, on May 22, 2006, Dynegy Midwest Generation, and Midwest Generation filed a motion
to file questions instanter
. Kincaid Generation, L.L.C. also filed a motion to file questions
instanter
on May 22, 2006. Those motions are granted .
Motion to File Amended Testimony Instanter
On May 23, 2006, the Agency filed a motion to file instanter
testimony of Dr . James E .
Staudt. This is the Agency's second amendment of Dr
. Staudt's testimony
. The motion is
hereby granted .
Prefiling of Questions for Dr . Staudt
After discussion with those present, it was agreed that questions for Dr
. Staudt will be
prefiled on June 2, 2006, and it is so ordered.
MAY 2 ~ 2006
STATE OF ILLINOIS
Prefiled Questions
2
Persons who do not prefile questions will be allowed to ask questions of the Agency's
witnesses
. Further, any participant who prefiles questions may ask additional questions and they
may amend or withdraw any prefiled question
. The hearing officer will allow any and all present
to ask any question as long as the question is relevant and not repetitive
(see 35 Ill . Adm. Code
102.426).
IT IS SO ORDERED .
Marie
/
E. Tipsor., Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
tipsorm aipcb.state.il .us
