BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMEREN ASH POND CLOSURE RULES
(HUTSONVILLE POWER STATION):
PROPOSED 35 ILL. ADM. CODE 840.101
THROUGH 840.144
)
)
)
)
)
)
NOTICE OF FILING
To:
R09-21
(Rule making - Land)
John T. Therriault, Assistant Clerk
Illinois
Pollution Control Board
James
R. Thompson Center
Persons included on the
ATTACHED SERVICE LIST
Suite 11-500
100
West Randolph
Chicago, Illinois
60601
PLEASE
TAKE NOTICE that we have today filed the attached, MOTION FOR
EXTENSION OF TIME TO PRE-FILE QUESTIONS AND WRITTEN ANSWERS, with
the
Office of the Clerk of the Pollution Control Board.
Joshua
R. More
Dated: September
1, 2009
Joshua R. More
Kathleen
C. Bassi
Amy Antoniolli
SCHIFF HARDIN LLP
233 South Wacker Drive, Suite 6600
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 1 st day of September, 2009, I have served
electronically the attached,
MOTION FOR EXTENSION OF TIME TO PRE-FILE
QUESTIONS AND WRITTEN ANSWERS,
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 by first class mail, postage affixed upon persons included on the
ATTACHED SERVICE
LIST.
Joshua R. More
Kathleen
C. Bassi
Amy Antoniolli
SCHIFF HARDIN LLP
233 South Wacker Drive, Suite 6600
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-5600
Joshua
R. More
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
foxt@ipcb.state.il.us
Virginia Yang
Department
of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
ral
Virginia.yang@illinois.gov
SERVICE LIST
(R09-21)
John J. Kim, General Counsel
Kyle Nash Davis
Mark Wight
Division
of Legal Counsel
Illinois Environmental Protection Agency
1
021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
john. j .kim@illinois.gov
Matthew
J. Dunn, Chief
Office of the Attorney General
Environmental Bureau, North
69 West Washington Street, Suite
1800
Chicago, Illinois 60602
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
AMEREN ASH POND CLOSURE RULES
(HUTSONVILLE POWER STATION):
PROPOSED
35 ILL. ADM. CODE 840.101
THROUGH 840.144
)
)
)
)
)
)
R09-21
(Rule making
- Land)
MOTION FOR EXTENSION OF TIME TO
PRE-FILE QUESTIONS AND WRITTEN ANSWERS
Pursuant to 35
Ill.
Adm. Code 101.522, Proponent, Ameren Energy Generating Company
("Ameren") by and through one of its attorneys, respectfully moves for an extension of the pre-
filing deadline to file questions, and in support
of the Motion for Extension of Time to Pre-file
Questions ("Motion"), states as follows:
1.
On May 19, 2009, Ameren filed its Petition with the Board for the above-
captioned proceeding.
2.
On June 30, 2009, Hearing Officer Timothy Fox issued a hearing officer order
setting pre-filed deadlines. The order directed participants to pre-file testimony no later than
August 18,
2009, questions based on the pre-filed testimony no later than September 1, 2009,
and written answers to those questions no later than September 15, 2009.
3.
On August 18, 2009, Ameren submitted Pre-Filed Testimony of Michael
Bollinger.
On the same day, the Illinois Environmental Protection Agency ("Agency") filed
Proposed Amendments to Ameren's Proposed 35
Ill.
Adm. Code 840, and the pre-filed
testimonies
of Richard P. Cobb, William E. Buscher, Lynn E. Dunaway, Stephen F. Nightingale,
and Christian
J. Liebman.
4.
Subsequent to the August 18, 2009 filings, Ameren and the Agency have been in
contact and are working towards resolving the differences between Ameren's rulemaking
proposal and the Agency's proposed revisions.
5.
To allow the participants to discuss outstanding issues and continue working
towards clarifying the proposed site-specific rule, Ameren requests a one-week extension of the
deadline for pre-filing questions, making questions due no later than September
8, 2009, and a
one-week extension
of the deadline for written answers to those questions, making written
answers due no later than September 22,
2009.
6.
Because the participants have already pre-filed testimony in this matter, extending
the deadline to pre-file questions and answers will not cause material prejudice to the
participants, the Board or the general public.
7.
The undersigned counsel contacted Mark Wight, counsel for the Agency, and the
Agency has no objection to the requested extension
of time.
WHEREFORE, Ameren respectfully requests that Hearing Officer Fox grant Ameren's
motion to extend the deadline for pre-filing questions
as set forth above.
Respectfull y submitted,
AMEREN ENERGY GENERATING
COMPANY
by:
Joshua
R. More
Dated: September 1, 2009
2
Kathleen Bassi
Joshua
R. More
Amy Antoniolli
SCHIFF HARDIN
LLP
233 South Wacker Drive, Suite 6600
Chicago, Illinois 60606
312-258-5500
fax: 312-258-5600
CH2\764300S.1
3
Electronic Filing - Received, Clerk's Office, September 1, 2009
