BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PETITION OF MIDWEST GENERATION, LLC, )
    AS 07-03
    WAUKEGAN GENERATING STATION
    )
    (Adjusted Standard- Air)
    FOR AN ADJUSTED STANDARD FROM
    )
    35 ILL.ADM.CODE 225.230
    )
    )
    NOTICE OF FILING
    To:
    John T. Therriault, Assistant Clerk
    Persons included on the
    Illinois Pollution Control Board
    ATTACHED SERVICE LIST
    James R. Thompson Center
    Suite 11-500
    100 West Randolph
    Chicago, IL 60601
    PLEASE TAKE NOTICE
    that we have today filed with the Office of the Clerk of the
    Pollution Control Board
    MOTION TO WITHDRAW AND REFILE MOTION TO
    INTERVENE, IN RESPONSE TO MIDWEST GENERATION’S MOTION TO STRIKE
    ,
    and
    RENEWED MOTION TO INTERVENE,
    copies of which are herewith served upon you.
    Respectfully Submitted,
    Faith E. Bugel
    Environmental Law & Policy Center
    35 E. Wacker Dr. Suite 1300
    Chicago, IL 60601
    DATED: January 23, 2008
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PETITION OF MIDWEST GENERATION, LLC, )
    AS 07-03
    WAUKEGAN GENERATING STATION
    )
    (Adjusted Standard- Air)
    FOR AN ADJUSTED STANDARD FROM
    )
    35 ILL.ADM.CODE 225.230
    )
    MOTION TO WITHDRAW AND REFILE MOTION TO INTERVENE,
    IN RESPONSE TO MIDWEST GENERATION’S MOTION TO STRIKE
    NOW COMES the Environmental Law and Policy Center (“ELPC”), by and through its
    attorneys, and, pursuant to 35 Ill. Admin. Code 101.402, files its response to Midwest
    Generation, LLC’s Motion to Strike (“Motion to Strike Environmental Law and Policy Center’s
    Motion to Intervene,” January 14, 2008) by moving the Board to withdraw the original Motion to
    Intervene submitted by ELPC on December 6, 2007 and to accept the Renewed Motion to
    Intervene accompanying this Motion. In support of this motion, ELPC states as follows:
    1. On December 6, 2007, ELPC filed a Motion to Intervene with the PCB. This motion
    stated that ELPC was a party of interest in rulemakings R06-025 and R06-026. At this
    time, ELPC inadvertently failed to mail notice to the attorneys representing Midwest
    Generation, LLC, in the present proceeding.
    2. ELPC does not dispute that 35 Ill. Admin. Code 402.101(a) applies to this proceeding.
    3. On December 27, 2007, ELPC Attorney Faith Bugel became aware of the inadvertent
    failure to mail notice. She then called her assistant, Kelsey Snell, with instructions to
    remail the notice. Ms. Snell did so on December 28, 2007 by unregistered U.S. mail.
    2
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    4. On January 2, 2008, ELPC Attorney Meleah Geertsma left a message for Stephen
    Bonebrake, counsel of record for Midwest Generation, that notice had been mailed to
    correct the oversight, as per her conversation earlier that day with Ms. Snell. Ms.
    Geertsma later that day confirmed this information in a call with co-counsel of record
    Kathleen Bassi.
    5. On January 14, 2008, attorneys for Midwest Generation filed a motion to strike ELPC’s
    Motion to Intervene. The Motion to Strike states that as of January 14, 2008, Schiff
    Hardin, the firm representing Midwest Generation, had not been served with a motion to
    intervene.
    6. The electronic docket for PCB case no. AS-07-03 shows no filings between December 6,
    2007, the date on which ELPC filed the original Motion to Intervene, and the date of this
    filing, other than those pertaining to ELPC’s Motion to Intervene.
    WHEREFORE, for the reasons set forth above, ELPC seeks leave to withdraw and file a
    Renewed Motion to Intervene to correct errors in serving Petitioner. Filing a Renewed Motion to
    Intervene will not unduly delay or materially prejudice the proceeding or otherwise interfere with
    an orderly or efficient proceeding, in keeping with 35 Ill. Admin. Code 101.402(b).
    3
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    Respectfully Submitted,
    Faith E. Bugel
    Environmental Law & Policy Center
    35 E. Wacker Dr. Suite 1300
    Chicago, IL 60601
    4
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PETITION OF MIDWEST GENERATION, LLC, )
    AS 07-03
    WAUKEGAN GENERATING STATION
    )
    (Adjusted Standard- Air)
    FOR AN ADJUSTED STANDARD FROM
    )
    35 ILL.ADM.CODE 225.230
    )
    )
    RENEWED MOTION FOR LEAVE TO INTERVENE
    I, FAITH E. BUGEL, hereby file a RENEWED MOTION TO INTERVENE in this
    matter on behalf of ENVIRONMENTAL LAW & POLICY CENTER. In support of this
    Petition, ELPC states the following:
    1.
    ELPC is an Illinois-based not-for-profit organization that was previously party to
    the CAIR (R06-025) and Mercury (R06-026) Rulemakings before the Illinois Pollution Control
    Board and is similarly affected by the current Adjusted Standard proceeding.
    2.
    Due to our interest and involvement in R06-025 and R06-026, ELPC and all
    ELPC members have an interest in proceedings that decide and affect the applicability of the
    Illinois Mercury Rules.
    3.
    ELPC and its members will be directly and materially affected by the outcome of
    this proceeding. ELPC’s mission includes advocating for the protection of air quality and water
    quality, and protection of public health directed related to air and water quality. ELPC’s
    members would be directly affected by an adjusted standard at the Waukegan facility that affects
    the manner in which the Illinois Mercury Rule is applied and the consequent mercury emissions
    from that facility.
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    Respectfully Submitted,
    Faith E. Bugel
    Environmental Law & Policy Center
    35 E. Wacker Dr. Suite 1300
    Chicago, IL 60601
    DATED: January 23, 2008
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    CERTIFICATE OF SERVICE
    I, the undersigned, certify that on this 23rd day of January, 2008, I have served
    electronically the attached
    MOTION TO WITHDRAW AND REFILE
    MOTION TO
    INTERVENE, IN RESPONSE TO MIDWEST GENERATION’S MOTION TO STRIKE
    ,
    and
    RENEWED MOTION TO INTERVENE
    upon the following persons:
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    Suite 11-500
    100 West Randolph
    Chicago, Illinois 60601
    and electronically and by first class-mail with postage thereon fully prepaid and affixed to the
    persons listed on the
    ATTACHED SERVICE LIST.
    Faith E. Bugel
    Environmental Law & Policy Center
    35 E. Wacker Dr. Suite 1300
    Chicago, IL 60601
    DATED: January 23, 2008
    Electronic Filing - Received, Clerk's Office, January 22, 2008
    SERVICE LIST
    (AS 07-03)
    Rachel L. Doctors, Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276 Springfield
    IL 62794-9276
    Sheldon A. Zabel
    Stephen J. Bonebrake
    Kathleen C. Bassi
    Schiff Hardin, LLP
    6600 Sears Tower
    233 South Wacker Drive Chicago
    IL 60606-6473
    Mr. Bradley P. Halloran
    Hearing Officer
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph Street, Suite 11-500
    Chicago, Illinois 60601
    hallorab@ipcb.state.il.us
    Electronic Filing - Received, Clerk's Office, January 22, 2008

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