BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED NEW CLEAN AIR
)
R06-26
INTERSTATE RULES (CAIR)
)
(Rulemaking – Air)
SO
2
, NO
x
ANNUAL AND NO
x
)
OZONE SEASON TRADING
)
PROGRAMS, 35 ILL. ADM. CODE 225,
)
SUBPARTS A, C, D AND E
)
NOTICE OF FILING
To:
Dorothy Gunn, Clerk
Persons included on the
Illinois Pollution Control Board
ATTACHED SERVICE LIST
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
PLEASE TAKE NOTICE that we have today filed with the Office of the Clerk of the
Pollution Control Board the MOTION TO WITHDRAW MIDWEST GENERATION, LLC’s
“MOTION TO DISMISS,” a copy of which is herewith served upon you.
/s/ Karl A. Karg
Karl A. Karg
Dated: January 5, 2007
Karg A. Karg
Cary R. Perlman
Andrea M. Hogan
LATHAM & WATKINS LLP
Sears Tower, Suite 5800
233 South Wacker Drive
Chicago, IL 60606
Telephone: (312) 876-7691
Fax: (312) 993-9767
karl.karg@lw.com
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
PROPOSED NEW CLEAN AIR
)
R06-26
INTERSTATE RULES (CAIR)
)
(Rulemaking – Air)
SO
2
, NO
x
ANNUAL AND NO
x
)
OZONE SEASON TRADING
)
PROGRAMS, 35 ILL. ADM. CODE 225,
)
SUBPARTS A, C, D AND E
)
MOTION TO WITHDRAW MIDWEST GENERATION, LLC’s “MOTION TO
DISMISS”
NOW COMES Participant MIDWEST GENERATION, LLC, by and through its
attorneys, Latham & Watkins LLP, and requests to withdraw its Motion to Dismiss. In support
of its request, Participant states as follows:
1.
On November 30, 2006, Participant, along with DYNEGY MIDWEST GENERATION,
INC. and SOUTHERN ILLINOIS POWER COOPERATIVE, collectively filed with the Board
their Motion to Dismiss.
2.
That motion requested that the Board dismiss the Illinois Environmental Protection
Agency’s (“Agency”) proposed new Subparts C, D, and E of Part 225, to the Board’s air
pollution regulations (35 Ill. Adm. Code Part 225, Subparts C, D, and E).
3.
On December 11, 2006, Participant and the Agency entered into a Memorandum of
Understanding, under which the Participant and the Agency agreed to undertake certain actions
to achieve reductions in mercury, sulfur dioxide and nitrogen oxide emissions from Participant’s
coal-fired Illinois electric generating units.
4.
Based on the agreement between Participant and the Agency, as reflected in the
Memorandum of Understanding, Participant moves to withdraw its Motion to Dismiss.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2007
5.
Participant’s Motion to Withdraw its Motion to Dismiss is filed independently of
DYNEGY MIDWEST GENERATION, INC. and SOUTHERN ILLINOIS POWER
COOPERATIVE, and is not intended to have any effect on DYNEGY MIDWEST
GENERATION, INC. and SOUTHERN ILLINOIS POWER COOPERATIVE’s support for the
previously filed Motion to Dismiss.
WHEREFORE, for the reasons set forth above, Participant MIDWEST GENERATION,
LLC moves that the Board grant its Motion to Withdraw MIDWEST GENERATION, LLC’s
Motion to Dismiss, as set forth herein.
RESPECTFULLY SUBMITTED,
MIDWEST GENERATION, LLC
By:
/s/ Karl A. Karg
Karl A. Karg
Dated: January 5, 2007
Karg A. Karg
Cary R. Perlman
Andrea M. Hogan
LATHAM & WATKINS LLP
Sears Tower, Suite 5800
233 South Wacker Drive
Chicago, IL 60606
Telephone: (312) 876-7691
Fax: (312) 993-9767
karl.karg@lw.com
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2007
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 5th day of January, 2007, I have served
electronically the attached Motion to Withdraw MIDWEST GENERATION, LLC’s Motion to
Dismiss upon the following person:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
and by first-class mail with postage thereon fully prepaid and affixed to the persons listed on the
ATTACHED SERVICE LIST.
/s/ Karl A. Karg
Karl A. Karg
Karg A. Karg
LATHAM & WATKINS LLP
Sears Tower, Suite 5800
233 South Wacker Drive
Chicago, IL 60606
Telephone: (312) 876-7691
Fax: (312) 993-9767
karl.karg@lw.com
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2007
SERVICE LIST
(R06-26)
John Knittle
Hearing Office
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Suite 11-500
Chicago, Illinois 60601
Rachel Doctors, Assistant Counsel
John J. Kim, Managing Attorney
Air Regulatory Unit
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
Matthew J. Dunn, Division Chief
Office of the Illinois Attorney General
Environmental Bureau
188 West Randolph, 20
th
Floor
Chicago, Illinois 60601
Virginia Yang, Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
David Rieser
James T. Harrington
Jeremy R. Hojnicki
McGuire Woods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Sheldon A. Zabel
Kathleen C. Bassi
Stephen J. Bonebrake
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
Katherine D. Hodge
N. LaDonna Drive
HODGE DWYER ZEMAN
3150 Roland Avenue, P.O. Box 5776
Springfield, Illinois 62705-5776
William A. Murray
City of Springfield, Office of Public Utilities
800 East Monroe, 4
th
Floor, Municipal Building
Springfield, Illinois 62757-0001
Faith E. Bugel
Environmental Law and Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
Keith I. Harley
Chicago Legal Clinic, Inc.
205 West Monroe Street, 4
th
Floor
Chicago, Illinois 60606
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2007
SERVICE LIST
(R06-26)
S. David Farris
Manager, Environmental, Health and Safety
City Water Light & Power
201 East Lake Shore Drive
Springfield, Illinois 62757
Sasha M. Reyes
Steven K. Murawski
Baker & McKenzie
One Prudential Plaza, Suite 3500
130 East Randolph Drive
Chicago, IL 60601
Bruce Nilles
Sierra Club
122 West Washington Avenue, Suite 830
Madison, Wisconsin 53703
Daniel D. McDevitt
General Counsel
Midwest Generation, LLC
440 South LaSalle Street, Suite 3500
Chicago, Illinois 60605
Bill S. Forcade
Katherine M. Rahill
Jenner & Block LLP
One IBM Plaza
Chicago, Illinois 60611
James H. Russell
Winston & Strawn LLP
35 W. Wacker Drive, 40
th
Floor
Chicago, Illinois 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2007