F th E. Bugel
E viro -ntal aw & Poli y Cepter,
3 Ea• W•i ke Drive, Sui e 1300
hica,o, Ill nois 60601
Re: Midwestenerption,
IL PCB M tterNos.
d Standards
I,
SCHIFFHARDIN,,,
6600 SEARS TOWER
CHICAGO, ILLINOIS 60606
t
312.258.5500
f
312.258.5600
www.schiffhardin.com
Stephen J. Bonebrake
312-258-5646
sbonebrake@schiffhardin.com
December 21, 2007
lacEiVED
CLERK'S
OFFICE
VAN 0 3 2008
f
?
OF
ILLINOIS
°onto! Board
L
VIA
FACSIMILE 312-795-3730
TH AIL
LLCM 's
Petitions for Adjust
S 07-03 and AS 07-04 1
Late yesterday afte oon it cam to my atter tion that you filed on Dec 6,
2007
moons by e Environme tal Law Policy Center t) intervene in the ab eferenced
adju d s dard proceeding . In e copies on the Bcard's website of your cerfficates of
service for the motions, dated December 6, 2007, you state that the motions were served upon
Sheldon Zabel, Kathleen Bassi and me as counsel for Midwest Generation, LLC. However, I
was unaware of the motions prior to mention of them yesterday during the Board meeting, and
through further investigation
T
have determined that the motions were never served upon us. As
you know, under the Board's rules the movant has the duty to properly serve motions and the
time to respond to motions is triggered by proper service. See 35 IAC 101.304 and 101.500.
I tried to call you about this matter this morning but could not reach you on the telephone.
I also tried to call Rachael Doctors today to see if she had been served with a copy of your
motions, but I was unable to reach her either. This letter confirms that, as I mentioned in my
voicemail message, your motions have not been served and, therefore, no response period with
respect to your motions has begun to run. I have not yet an opportunity to speak with my client
about whether we would oppose the motions if and when the motions are properly served.
However, I anticipate that your motions would be opposed.
CHICAGO I WASHINGTON I NEW YORK I LAKE FOREST I ATLANTA I SAN FRANCISCO
L. Doctors (IT
P. Halloran
C. Bassi
A. Zabel
CC:
Rach
Bradle
.thlee
40
SCHIFF HARDINLLP
Faith E. Bugel
December 21, 2007
Page 2
I would be happy to discuss this matter at your convenience.
Sincerely,
6 -,C,8
Stephen J. Bonebrake
SJB:zh