ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2008
    IN THE MATTER OF:
    PETITION OF MIDWEST GENERATION,
    L.L.C., WAUKEGAN GENERATING
    STATION FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    225.230
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    AS 07-3
    (Adjusted Standard – Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 6, 2007, Environmental Law & Policy Center (ELPC) filed a motion to
    intervene in this adjusted standard proceeding. On January 14, 2008, Midwest Generation,
    L.L.C. (Midwest Generation) timely filed a motion to strike the motion to intervene. On January
    23, 2008, ELPC filed a motion to withdraw and refile the motion to intervene. On February 7,
    2008, Midwest Generation filed a motion for leave to file a reply to ELPC’s motion to withdraw
    and refile. On February 11, 2008, the Illinois Environmental Protection Agency (Agency) filed a
    response to ELPC’s January 23, 2008 motion.
    The motion to strike asks that the December 6, 2007 motion to intervene be stricken with
    prejudice, because Midwest Generation had not been served a copy of the motion to intervene.
    ELPC’s motion to withdraw seeks to withdraw the motion to intervene and to refile to correct
    errors in serving Midwest Generation.
    The motion for leave to file a reply interprets the motion to withdraw as a response to the
    motion to strike and seeks leave to reply. In the reply, Midwest Generation offers no response to
    the renewed motion to intervene “because the Board has not yet ruled” on the outstanding
    motions. The reply asks that if the Board grants the motion to renew the motion to intervene that
    the Board set a time certain for responses to that motion.
    The Agency response was timely filed and the Agency responded to the issues raised in
    the renewed motion to intervene.
    The Board finds that Midwest Generation suffered no prejudice as a result of ELPC’s
    failure to timely serve the December 6, 2007 motion to intervene, as the Board did not rule on
    that motion. The Board therefore grants the motion to withdraw the December 6, 2007 motion to
    intervene and denies the motion to strike. The Board also grants Midwest Generation’s motion
    to file a reply and directs Midwest Generation to file a response to the renewed motion to
    intervene by March 6, 2008. The Board will consider the Agency’s response along with
    Midwest Generation’s response when ruling on the renewed motion to intervene.
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    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on February 21, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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