ILLINOIS POLLUTION CONTROL BOARD
March 19, 2009
AMEREN ENERGY GENERATING
COMPANY, AMERENENERGY
RESOURCES GENERATING COMPANY,
and ELECTRIC ENERGY, INC.,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-21
(Variance - Air)
ORDER OF THE BOARD (by G.T. Girard):
On February 19, 2009, Ameren Energy Generating Company, Amerenenergy Resources
Generating Company, and Electric Energy, Inc. (Ameren) filed a motion asking that the Board
reconsider the Board’s January 22, 2009 opinion and order denying Ameren’s request for
variance. The Illinois Environmental Protection Agency did not file a response to the motion.
In ruling on a motion for reconsideration, the Board will consider factors including new
evidence or a change in the law, to conclude that the Board’s decision was in error. 35 Ill. Adm.
Code 101.902. In Citizens Against Regional Landfill v. County Board of Whiteside
, PCB 93-
156 (Mar. 11, 1993), we observed that “the intended purpose of a motion for reconsideration is
to bring to the court's attention newly discovered evidence which was not available at the time of
hearing, changes in the law or errors in the court’s previous application of the existing law.”
Korogluyan v. Chicago Title & Trust Co.
, 213 Ill. App. 3d 622, 627, 572 N.E.2d 1154, 1158 (1st
Dist. 1992). The Board finds that the Ameren has provided no new evidence or a change in the
law that would indicate that the Board’s January 22, 2009 opinion and order denying the
variance request was in error. Therefore the motion to reconsider is denied.
IT IS SO ORDERED.
Board Member Thomas E. Johnson dissented.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
2
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on March 19, 2009, by a vote of 4-0, Member
Johnson Dissented.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
