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    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 IN THE MATTER OF:
    )
    )
    4 PROCEDURES REQUIRED BY
    ) R07-20
    P.A. 94-849 FOR REPORTING ) (Rulemaking - Water)
    5 RELEASES OF RADIONUCLIDES )
    AT NUCLEAR POWER PLANTS: )
    6 NEW 35 ILL. ADM. CODE 1010 )
    7
    8 Proceedings held on October 10, 2007, at 1:08 p.m., at
    the Illinois Pollution Control Board, 1021 North Grand
    9 Avenue East, Springfield, Illinois, before Marie E.
    Tipsord, Hearing Officer.
    10
    11
    12
    13
    Reported By: Karen Waugh, CSR, RPR
    14
    CSR License No: 084-003688
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    KEEFE REPORTING COMPANY
    11 North 44th Street
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    Belleville, IL 62226
    (618) 277-0190
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    Keefe Reporting Company

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    APPEARANCES
    2
    3 Board Members present:
    4 Board Member Thomas E. Johnson
    5
    6 Board Staff Members present:
    7 Erin Conley
    8
    9
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    BY: Mr. M. Kyle Rominger
    10
    Assistant Counsel
    Division of Legal Counsel
    11
    1021 North Grand Avenue East
    Springfield, Illinois 62794-9276
    12
    On behalf of the Illinois EPA
    13
    BY: Ms. Deborah J. Williams
    Assistant Counsel
    14
    Division of Legal Counsel
    1021 North Grand Avenue East
    15
    Springfield, Illinois 62794-9276
    On behalf of the Illinois EPA
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    17
    SIDLEY AUSTIN LLP
    BY: Mr. Alan P. Bielawski
    18
    Attorney at Law
    One South Dearborn
    19
    Chicago, Illinois 60603
    On behalf of Exelon Corporation
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    21
    EXELON CORPORATION
    BY: Mr. John VanVranken
    22
    Assistant General Counsel
    Legal Services, 49th Floor
    23
    10 South Dearborn Street
    Chicago, Illinois 60603
    24
    On behalf of Exelon Corporation
    Keefe Reporting Company
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    1
    INDEX
    2 WITNESS
    PAGE NUMBER
    3 ZIGMUND KARPA
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    4
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    1
    EXHIBITS
    2 NUMBER
    PAGE ENTERED
    3 Exhibit No. 4
    7
    Exhibit No. 5
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    4 Exhibit No. 6
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    1
    PROCEEDINGS
    2
    (October 10, 2007; 1:08 p.m.)
    3
    HEARING OFFICER TIPSORD: Good afternoon.
    4 My name is Marie Tipsord, and I've been appointed by the
    5 Board to serve as hearing officer in this proceeding
    6 entitled "In the Matter of Procedures Required by Public
    7 Act 94-849 for Reporting Releases of Radionuclides at
    8 Nuclear Power Plants: New 35 Ill. Admin Code 1010,"
    9 docket number R07-20. To my left is Board Member Thomas
    10 Johnson. Also with us today is Erin Conley, our rules
    11 coordinator.
    12
    This is the second hearing to be held in this
    13 proceeding, and the purpose of today's hearing is to hear
    14 testimony in this matter. The second purpose of today's
    15 hearing is that this rulemaking is subject to
    16 Section 27(b) of the Environmental Protection Act. 27(b)
    17 of the Act requires the Board to request the Department
    18 of Commerce and Economic Opportunity to conduct an
    19 economic impact study on certain proposed rules prior to
    20 the adoption of those rules. If DCEO chooses to conduct
    21 the economic impact study, DCEO has 30 to 45 days after
    22 such a request to produce a study of the economic impact
    23 of the proposed rules. The Board must then make the
    24 economic impact study or DCEO's explanation for not
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    1 conducting the study available to the public at least 20
    2 days before public hearing on the economic impact of the
    3 proposed rules.
    4
    In accordance with Section 27(b) of the Act, the
    5 Board requested by letter dated July 11, 2007, that DCEO
    6 conduct an economic impact study for the above-referenced
    7 rulemaking. The Board received a response on August 7,
    8 2007, and it was docketed in our clerk's office. A copy
    9 of both the Board's letter and DCEO's response is
    10 available on the table to the right. I will accept any
    11 comments concerning the decision by DCEO not to conduct
    12 an economic impact study, if any, today.
    13
    At this point, does anyone here wish to offer
    14 testimony today? Currently seeing no one, we'll move to
    15 the IEPA, and I understand you have some documents you
    16 want entered into the record?
    17
    MR. ROMINGER: Yes. At the last hearing the
    18 Board requested copies of the reporting forms, so we
    19 worked on those and have drafts. These have been shared
    20 with IEMA and with Exelon, and those changes -- or any
    21 comments they had have been incorporated. Do you need
    22 any more than --
    23
    HEARING OFFICER TIPSORD: No, that's fine.
    24
    MR. ROMINGER: Okay. And we have one
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    1 entitled "Initial Report" for the initial report and then
    2 a "Follow-up Report" for the follow-up report.
    3
    HEARING OFFICER TIPSORD: If there's no
    4 objection, I will mark what has been handed to me and --
    5 as "Draft, State of Illinois, Nuclear Power Plant
    6 Radionuclide Release Report, Initial Report" as Exhibit 4
    7 in this proceeding. Seeing none, it's marked as
    8 Exhibit 4. And if there's no objection, I will mark
    9 "Draft, State of Illinois, Nuclear Power Plant
    10 Radionuclide Release Report, Follow-up Report" as
    11 Exhibit 5. Seeing no objection, that will be marked as
    12 Exhibit 5. Did you have anything else?
    13
    MR. ROMINGER: One other thing. While
    14 working on the reporting forms, we noticed a change that
    15 we'd like to propose to the rules. This would be to
    16 Section 1010.204.
    17
    BOARD MEMBER JOHNSON: Thank you.
    18
    MR. ROMINGER: And this does -- this also
    19 was sent to Exelon and they've had the chance to look at
    20 that. These changes basically do two things. One, IEMA
    21 requested to receive a hard copy of the follow-up report,
    22 so this amends the rule to require that and inserts their
    23 address on where their hard copy should be submitted.
    24 The second one, the follow-up report has to be submitted
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    1 electronically and in hard copy, and this -- the second
    2 proposed change would give an additional five days to
    3 submit the hard copy so there was not such a time crunch
    4 in getting both of those to us.
    5
    HEARING OFFICER TIPSORD: If there's no
    6 objection, I'll mark this as Exhibit 6. Seeing none,
    7 this is marked as Exhibit 6. Anything else, Kyle?
    8
    MR. ROMINGER: That's it.
    9
    HEARING OFFICER TIPSORD: Anything from
    10 Exelon?
    11
    MR. BIELAWSKI: Yes. We have a little bit
    12 of additional testimony from Mr. Karpa.
    13
    HEARING OFFICER TIPSORD: All right. Can we
    14 have you sworn in?
    15
    (Witness sworn.)
    16
    ZIGMUND KARPA, produced, sworn and examined on
    17 behalf of Exelon Corporation, testified as follows:
    18
    EXAMINATION
    19 BY MR. BIELAWSKI:
    20
    Q. Mr. Karpa, are you familiar with Mr. Cobb's
    21 testimony, prefiled testimony that he submitted in this
    22 case?
    23
    A. Yes, I am.
    24
    Q. Would you care to comment on his testimony
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    1 as it regards to the background concentrations of tritium
    2 at Braidwood Station?
    3
    A. Yes. Even though Exelon doesn't believe we
    4 need to calculate background relative to these rules, we
    5 do have issue with establishing background based on a
    6 single sample, and we believe that a much more scientific
    7 evaluation would have to occur in order to establish
    8 background in each of those instances.
    9
    HEARING OFFICER TIPSORD: Okay.
    10
    MR. BIELAWSKI: No further questions.
    11
    HEARING OFFICER TIPSORD: Anything else?
    12 All right. Let's go off the record and hang around for
    13 about 15 minutes in case somebody from the public does
    14 want to come, and we'll go off the record for a few
    15 minutes.
    16
    (Brief recess taken.)
    17
    HEARING OFFICER TIPSORD: We've been off the
    18 record for a few minutes to make sure that no members of
    19 the public arrived who wanted to testify, and seeing
    20 none, we'll go ahead and finish up our business.
    21
    The deadline for submission of public comments
    22 prior to the Board proceeding to first notice will be
    23 November 1, 2007. This date is set to ensure that the
    24 Board can proceed to first notice in a timely fashion in
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    1 order to meet the statutory deadline of May 25, 2008. If
    2 anybody has any questions, please feel free to call me.
    3 I think that's it. We'll go off the record. Thank you
    4 all very much. We're adjourned.
    5
    (Hearing adjourned.)
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    1 STATE OF ILLINOIS )
    ) SS
    2 COUNTY OF BOND
    )
    3
    4
    I, KAREN WAUGH, a Notary Public and Certified
    5 Shorthand Reporter in and for the County of Bond, State
    6 of Illinois, DO HEREBY CERTIFY that I was present at the
    7 Illinois Pollution Control Board, Springfield, Illinois,
    8 on October 10, 2007, and did record the aforesaid
    9 Hearing; that same was taken down in shorthand by me and
    10 afterwards transcribed, and that the above and foregoing
    11 is a true and correct transcript of said Hearing.
    12
    IN WITNESS WHEREOF I have hereunto set my hand
    13 and affixed my Notarial Seal this 16th day of October,
    14 2007.
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    __________________________
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    Notary Public--CSR
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    #084-003688
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