Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN ENERGY RESOURCES 

Petitioner, 

v. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

PCB 12-126 

(Variance - Air) 

NOTICE OF FILING 

TO: SEE ATTACHED SERVICE LIST 

PLEASE TAKE NOTICE that I have electronically filed today with the illinois Pollution 

Control Board the Initial Comments of the illinois Attorney General's Office, a copy of which is 

hereby served upon you. 

Dated: July 23, 2012 

BY: 

Respectfully submitted, 

PEOPLE OF THE STATE OF ILLINOIS 

by LISA MADIGAN, Attorney 

General of the State of illinois 

c 

JAMES P. GIGNAC 

Environmental and Energy Counsel 

illinois Attorney General's Office 

69 W. Washington St., 18th Floor 

Chicago, Illinois 60602 

(312) 814-0660 

jgignac@atg.state.il.us 

ATTACHMENT __ ~' _ 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

Carol Webb 

Hearing Officer 

lllinois Pollution Control Board 

I 021 North Grand A venue East 

P.O. Box 19274 

Springfield, IL 62794-9274 

Gina Roccaforte 

SERVICE LIST 

lllinois Environmental Protection Agency 

I 021 North Grand Avenue East 

P.O. Box 19276 

Springfield, IL 62794-9276 

Amy Antoniolli 

Renee Cipriano 

Schiff Hardin, LLP 

6600 Willis Tower 

233 S. Wacker Drive 

Chicago, IL 60606-64 73 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN ENERGY RESOURCES 

Petitioner, 

v. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

PCB 12-126 

(Variance- Air) 

INITIAL COMMENTS OF THE 

ILLINOIS ATTORNEY GENERAL'S OFFICE 

The illinois Attorney General's Office, on behalf of the People of the State oflllinois (the 

"People"), hereby submits its initial comments in this matter, pursuant to 415 ILCS 5/32 and 35 

TIL Adm. Code § 1 04.224( d). The illinois Pollution Control Board ("Board") should deny the 

petition for variance filed by Ameren Energy Resources ("Ameren") or, in the alternative, grant 

it only with conditions that would minimize the amount of excess pollution allowed in the years 

2015 through 2019. As discussed in more detail below, Ameren has failed to satisfY its burden 

of showing that the hardship of compliance with the regulations in question would outweigh the 

harm to the environment and public health that the variance would allow. 

L Background 

A. Legal Requirements for a Variance 

Under the illinois Environmental Protection Act, the Board is authorized to grant 

variances from regulations when it finds that compliance would impose an "arbitrary or 

unreasonable hardship" on the petitioner. 415 ILCS 5/35(a). "When deciding whether to grant 

or deny a variance request, the Board is required to balance the hardship of continued 

compliance on the business against the adverse impact the variance will have on the 

1 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

environment." Marathon Oil Co. v. EPA, 242 Ill.App.3d 200,206 (5thDist. 1993) (citing 

Monsanto Co. v. PCB, 67lll.2d 276, 293 (1977)). In addition, "[t]he party requesting the· 

variance has the burden of establishing that the hardship resulting from a denial of the variance 

outweighs any injury to the public or the environment from a grant of the variance." ld. This 

burden has been described as "heavy." Willowbrook Motel v. PCB, 135 Ill. App. 3d 343, 349 

(1st Dist. 198 5). Indeed, "if the one requesting the variance demonstrates only that compliance 

will be difficult, that proof alone is an insufficient basis upon which to grant the variance. The 

petitioner must go further and show that the hardship it will encounter from the denial of the 

variance will outweigh any injury to the public or envirorunent from the grant of the variance." 

Marathon, 242 Ill.App.3d at 206. 

B. Relief Requested by Ameren 

Under the illinois Multi-Pollutant Standards ("MPS"), Ameren is required to reduce the 

annual average sulfur dioxide ("S02") emissions from its coal plant fleet according to the 

following schedule set forth in 35 Ill. Adm. Code§ 225.233(e)(3)(C): 

Year S02 Emission Rate 

Jan. 1, 2010- Dec. 31,2013 0.50 lb/mmBtu 

Jan. 1, 2014- Dec. 31,2014 0.43 lb/mmBtu 

Jan. 1, 2015- Dec. 31,2016 0.25 lb/mmBtu 

Jan. I 2017 - [ongoing] 0.23 lb/mmBtu 

Here, Ameren is requesting relief from Section 225.233(e)(3)(C)(iv), which are the 2015 and 

2017 standards (.025 and .023 lb/mmBtu, respectively). Ameren seeks to be excused from 

meeting the 0.25 standard for five years and the 0.23 standard for four years. In other words, 

Ameren would not have to meet the 0.25 standard until Jan. 1, 2020 and the 0.23 standard until 

Jan. 1, 2021. The reason for making this request is that the company states that it is unable to · 

2 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

secure the financing necessary to complete flue gas desulfurization (FGD) equipment (i.e., 

scrubbers) at the two units located at Ameren's Newton facility. 

C. Ameren's Altemative Compliance Plan 

In exchange for the variance on the 2015 (0.25 lb/mmBtu) and 2017 (0.23 1b/mmBtu) 

standards, Ameren proposes an alternative compliance plan whereby Ameren would commit to 

meeting a 0.38 lb/mmBtu yearly system average from 2012 through 2019. Petition at 8-9. 

Ameren states that it will meet the 0.38 lb/mmBtu by maintaining the closures of the Hutsonville 

and Meredosia stations, by maximizing scrubber performance at the Duck Creek and Coffeen 

facilities, by burning low-sulfur Powder River Basin (PRB) coal, and by "manag[ing] operations 

as necessary to maintain compliance." !d. at 9. Starting on Jan. I, 2020, Ameren hopes to have 

one of the Newton scrubbers completed to coincide with the end of the variance on the 0.25 

lb/mmBtu standard. !d. Ameren expects to have the second Newton scrubber completed in 2020 

to allow it to comply with the expiration of the variance on the 0.23 lb/mmBtu standard on Jan. 

I, 2021. !d. at 9-10. 

II. The Variance Would Allow Excess Emissions in 2015 through 2019. 

According to Ameren' s own figures (Petition at 26), the proposed variance and 

alternative compliance plan would result in sulfur dioxide (S02) emission levels significantly 

higher than what the Multi-Pollutant Standards would allow in the years 2015 through 2019. 

The following chart shows the comparison and excess emissions in tons between the MPS and 

the proposed variance: 

Year Variance S02 Tons MPS S02 Tons Increase 

2015 56,986 42,556 +14,430 

2016 56,986 42,556 +14,430 

2017 56,986 39,151 +17,835 

2018 56,986 39,151 +17,835 

2019 56,986 39,151 +17,835 

3 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

Ameren attempts to gloss over this pollution increase by framing its alternative 

compliance plan in terms of the cumulative, or overall, number of tons that will be emitted from 

2010-2021 as compared to what is anticipated under the MPS. Ameren believes it should be able 

to "offset" the additional tonnage shown above by claiming credit for emissions that have been 

(or projected to be) lower than expected in the years 2010-2014, plus some lower emissions in 

the last two years (2020-2021). 

The problem with this framework is that the MPS was not intended to be a 12-year 

averaging period of pollution reduction. Rather, it was designed to ratchet down emissions of 

SOz and other pollutants over a period of time by triggering incremental clean ups of Ameren's 

coal fleet. Moreover, the lower emission levels and projections for 2010-2014 have come about 

not from any commitments Ameren has made (or promises to make) as part of the variance 

request but rather from having its coal plants dispatched less and less and also from previous 

business decisions made by Ameren to mothball uneconomic units (Hutsonville and Meredosia). 

Through the variance request, Ameren is seeking to use these events, which led or will 

lead to emission levels lower than what it intended, to essentially impose a large plateau in the 

middle of its MPS compliance schedule, as depicted in the following chart created using the 

emission figures in the Petition (page 26): 

4 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

90,000 ------------------------------------------------------- ---

80,000 

70,000 .! .... _~\ __________ ----------- -------------------- 1 \ I \ 

60,000 -1------------,----------------- ------------------------------- 1 ---- -------~. 50,000 t-------'\-------\-,-- __ \ ____ _ 

j ,, --------------------------------------------------- ·- ---------· ----------------

40,000 

30,000 

20,000 

10,000 j 

0 . ----,----,-----,-----,-----,-- ·- -,-----,----r·-,---,----,---, 

0 rl N m ~ ~ W ~ 00 ~ 0 M rl rl rl rl rl rl rl rl rl rl N N 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N 

- MPS Baseline 502 

Tons 

--- Variance 502 Tons 

The People submit that S02 is not a pollutant that should be subjected to a long-term 

averaging analysis because its primary public health impacts occur relatively quickly after being 

released, such as short-term respiratory exposure to the gas itself, formation of particulate matter 

in the atmosphere that returos to ground level, and acid deposition that damages lakes and 

vegetation. Sulfur dioxide is a not a persistent and cumulative pollutant in the atmosphere like 

greenhouse gases nor does it bioaccumulate in the environment like mercury for which early 

reductions are valuable. A ton of S02 avoided in 2010 does not help an asthmatic or other 

sensitive individual exposed to emissions in 2018 or the lake that receives acid rain pollution in 

that later year. 

In short, Ameren's proposal will allow increased pollution for the years 2015 through 

2019 in significant excess from what the MPS would permit and would cause harm that cannot 

be undone or offset through earlier or later reductions. Accordingly, the Board must analyze and 

determine whether this environmental harm is outweighed by the hardship claimed by Ameren. 

5 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

III. Ameren Fails to Analyze Other Options Besides the Newton Scrnbber Project. 

Most of Ameren's petition is spent on establishing why it cannot get the financing it 

needs to construct the Newton scrubbers on time because of the difficult economic forces and the 

shifting regulatory landscape it faces. Even if one concedes all of this to be true (which the 

People do not necessarily do at this time), those factors are not the hardship Ameren would 

confront by complying with the MPS. The hardship is the alternative measures Ameren would 

have to take assuming its preferred compliance plan (scrubbers at Newton) is unavailable. 

Ameren pays very little attention to this in its petition or supporting documents. Indeed, the 

petition seems to assume that the only alternative to the Newtown scrubbers is to "cease 

operations at additional energy centers as its only other viable compliance alternative" and that it 

would have to retire "at least two plants across AER's fleet such as, for example, Joppa, E.D. 

Edwards, and/or Newton." Petition at 2, 23. 

The affidavits submitted with the petition do not support these statements about having to 

retire two or more plants as the only option. For example, according to Ryan J. Martin of 

Ameren Services Company, without the Newton scrubber Ameren "would need to resort to 

extreme operational curtailments to comply with existing standards, likely including, but not 

limited to, the mothballing of units at the Joppa, Edwards, and/or Newton energy centers'' 

Martin Affidavit, Par. 12 (emphasis added). Note that likely is not the same as must and units 

are not the same as plants (E.D. Edwards has three units, Joppa has six, and Newton has two). 

Another affiant, Steven C. Whitworth, states only that compliance with the MPS has become "a 

significant economic hardship." Whitworth Aff, Par. 2. 

Thus, in determining whether to grant or deny the variance, the Board should closely 

scrutinize other options available to Ameren besides completing the Newton scrubber because 

6 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

the company has failed to do this in its petition. Given the conflicting statements and lack of 

clarity in Ameren's petition and supporting affidavits, it is certainly possible and perhaps even 

likely that there are measures short of closing two entire plants that could bring Ameren into 

compliance or at least closer to it-even if those options are not as financially preferable to the 

company as the installation of scrubbers at Newton would be. 

For example, Ameren has already pointed out that it plans to take certain operational and 

technical steps to reduce emissions (i.e., maximizing scrubber performance at the Duck Creek 

and Coffeen facilities, burning low-sulfur PRB coal, and implementing other unspecified 

operational management measures). Petition at 9. Could scrubbers at Ameren's plants be further 

optimized to reduce emissions or are there less expensive pollution control technologies that 

could assist? Could Ameren run certain units less or temporarily power down a unit at each 

facility? What are these other operational management measures and could more of them be 

pursued to reduce emissions? All of these are potential options other than Ameren's unsupported 

claim that two entire facilities would have to be closed down in order to comply. Unfortunately, 

the company fails to examine the options in its petition. The Board should require Ameren to 

prove that it has fully explored alternative compliance measures before granting any variance. 

IV. Conclusion 

For the reasons stated above, the Board should deny Ameren's request for a variance on 

the grounds that the company has failed to properly articulate and support the hardship it would 

suffer from complying with the MPS (i.e., what the real options are aside from the Newton 

scrubber project). In the alternative, if there are other steps that can be taken, the Board could 

consider granting the variance with conditions incorporated into Ameren's compliance plan to 

minimize the amount of excess emissions a variance would produce. If there is more the 

7 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

company could do to reduce the proposed 0.381b/mmBtu limit closer to the intended rate of0.25 

lb/mmBtu, then it should be required. Such an approach would provide more of a balance 

between giving credit to Ameren for earlier reductions (even if they were unwanted and 

unintended) and the goal of continuing to step down emissions over the course of the MPS. 

Dated: July 23, 2012 

BY: 

Respectfully submitted, 

PEOPLE OF THE STATE OF ILLINOIS 

by LISA MADIGAN, Attorney 

General of the State of illinois 

JAMES P. GIGNAC 

Environmental and Energy Counsel 

illinois Attorney General's Office 

69 W. Washington St., 18th Floor 

Chicago, illinois 60602 

(312) 814-0660 

jgignac@atg.state.il.us 

8 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

* * * * *PC# 249 * * * * * 

CERTIFICATE OF SERVICE 

I, James P. Gignac, an Assistant Attorney General in this case, do certify that I caused to 

be served this 23rd day of July, 2012, the foregoing Initial Comments of the Illinois Attorney 

General's Office upon the persons listed on the Service List by depositing same in an envelope, 

first class postage prepaid, with the United States Postal Service at 69 W. Washington St., 

Chicago, Illinois, at or before the hour of 5:00p.m. 

~ "" ... J; .. c; , 

JAMES P. GIGNAC 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN. ENERGY RESOURCES, ) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Petitioner, 

v. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Respondent. 

NOTICE OF FILING 

To: ALL PARTIES ON THE ATTACHED SERVICE LIST 

PCB 12-126 

(Variance- Air) 

PLEASE TAKE NOTICE that we have today electronically filed "'ith the Office of the 

Clerk of the Illinois Pollution Control Board the APPEARANCE OF GABRIEL 

RODRIGUEZ, copies of which are herewith served upon you. 

Dated: July 24, 2012 

Amy Antoniolli 

Renee Cipriano 

SCHIFF HARDIN LLP 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 

Amy Antomolh 

ATTACHMENT Z. tf 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN ENERGY RESOURCES, 

Petitioner, 

v. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

APPEARANCE 

PCB 12-126 

(Variance- Air) 

I, Gabriel Rodriguez, hereby file my appearance in this proceeding on behalf of 

Petitioner, Ameren Energy Resources. 

Dated: July24, 2012 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 

grodriguez@schiffuardin.com 
Electronic Filing- Received, Clerk's Office, 07/24/2012 

CERTIFICATE OF SERVICE 

I, the undersigned, certify that on this 24th day of July, 2012, I have served electronically 

the attached APPEARANCE OF GABRIEL RODRIGUEZ, upon the following persons: 

John Therriault, Assistant Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

Suite 11-500 

1 00 West Randolph 

Chicago, Illinois 60601 

and electronically and by first class mail, postage affixed, upon: 

Gina Roccaforte 

Assistant Counsel 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

1021 North Grand Avenue, East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

Amy Antoniolli 

Renee Cipriano 

SCHIFF HARDIN LLP 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 

a rk1 ~ - ~ 0 Amy Antoniolli 
Electronic Filing -Received, Clerk's Office, 07 I 24/2012 

SERVICE LIST 

(PCB 12-126) 

John Therriault, Assistant Clerk Gina Roccaforte 

Illinois Pollution Control Board Assistant Counsel 

James R. Thompson Center Division of Legal Counsel 

I 00 West Randolph Street, Suite 11-500 Illinois Envirorunental Protection Agency 

Chicago, Illinois 60601 I 021 North Grand Avenue, East 

therriaj@ipcb.state.il.us P.O. Box 19276 

Springfield, Illinois 62794-9276 
v. ) 

C

12

126

) (Variance -Air

ILLINOIS ENVIRONMENTAL )PROTECTION AGENCY, ) I

Respondent )

HEARING OFFICER ORDER

A hearing in this matter remains set for August 1, 2012. In addition to the questions

posed in the hearing officer order dated July 5, 2012, petitioner is directed to address thefollowing questions at the hearing.

QUESTIONS FOR PETITIONER

1. 104.204(d)

PC 249 from the Illinois Attorney General’s Office asks,

Could scrubbers at Ameren’s plants be further optimized to reduce emissions or

are there less expensive pollution control technologies that could assist? Could

Ameren run certain units less or temporarily power down a unit at each facility?

What are these other operational management measures and could more of them

be pursued to reduce emissions? PC 249 at 7.Please comment on the compliance alternatives of further optimizing scrubbers to reduce

emissions, less expensive pollution control technologies that could assist in reducing emissions,

and operational management measures that could be pursued to reduce emissions.

2. 104.204(g)

Table 1 on page 26 of the petition and Attachment 1 to Exhibit 7 compares “MPS

Baseline SO2 Tons” to “Variance SO2Tons” and calculates a “Cumulative SO2Variance

Reduced Tons” for the years 2010 to 2021.

In Attachment 1 to Exhibit 7, Ameren used the “Baseline Heat Input” of 340,446,252,

explaining, “In order to equalize the comparison, AER used the same average heat input

projections as were used to support the 2009 rule revisions to the MPS.” Exh. 6 at 3.
appropriate for calculations to support an SIP revision.

(d) It appears the “MPS Baseline SO2Tons” is calculated by multiplying “Baseline

Heat Input” by the SO2annual emission rates from Section 225.233(e)(3)(C).

Please explain how the “Variance SO2Tons” are calculated and what heat input

Ameren used. Please explain if the heat input is adjusted to reflect the cessationof operations at Meredosia and Hutsonville Energy Centers.

(e) Please define the term for “nominal” (mmBtu/hr) as used in Exhibit 2.

(f) For 2010 and 2011, the “Variance SO2Tons” in the tables are listed as 70,560 and

72,539, respectively. The sum of “2011 SO2 mass emissions” from Exhibit 2 is72,538. Please indicate if these values are based on actual emissions.

(g) Please explain why the “Variance SO2 Tons” for 2010 and 2011 are both lower

than the “MPS Baseline SO2Tons”.

(h) Please explain the reasoning behind including years 2010 and 2011 in the

calculation of “Cumulative SO2 Variance Reduced Tons” if the variance were to

be granted in 2012.

The Illinois Environmental Protection Agency’s (IEPA) Recommendation filed July 23,

2012, (Ag. Rec.) stated, “Petitioner proposes to commit to a system-wide annual average SO2

emission rate of 0.35 lb/mmBtu, as opposed to 0.38 lb/mrnBtu as set forth in the Petition, from

January 1, 2013, through December 31, 2019.” Ag. Rec. at 20, 21.

(i) Does Ameren affirm the commitment above that IEPA referred to on pages 20

and 21?

0) Please readdress Table 1 on page 26 of the petition and Attachment 1 of Exh. 7 to

reflect the SO2emission rate of 0.35 lb/mmBtu for the specified time period.

Please show your calculations for all values in the Table.

(k) Please readdress Table 1 on page 26 and Attachment 1 of Exh. 7 of the petition to

also show “Cumulative SO2 Variance Reduced Tons” if 2010 and 2011 are not

considered.
, 

p

p

g subject to 

, a

d 

ve

coal-fired plants are governed by the SO2and NO limits in the (CPS) [Combined Pollutant

Standard]. 77 Fed. Reg. 39944.

USEPA stated, “In the notice of proposed rulemaking, [US]EPA proposed to conclude

that the emission reductions from the (MPS [Multi-Pollutant Standard]) and the (CPS) would be

greater than the reductions that would occur with unit-specific implementation of BART on the

subset of these sources that meet the criteria for being subject to BART. Therefore, [US]EPA

proposed to find that the (MPS) and the (CPS) suffice to address the BART requirement for thepower plants of these three utilities [Midwest Generation, Dynegy, and Ameren].” 77 Fed. Reg.

39944 (July 6, 2012).

The petition on page 31 states, “Illinois estimated that its plan will require 96,927 tons

per year lower SO2emissions by 2015 than simply requiring BART and USEPA accepted

Illinois’ plan as satisfying BART requirements.” Pet. at 31. Ameren follows, “. . .the variancewill result in mass emissions of SO2by 2015 even lower than Illinois’ estimates under current

MPS requirements. The net reduction in SO2emissions continues to 2020 and beyond and, thus,

does not impact the state’s BART determinations.” Pet. at 31.

Exhibit 15 of the petition (77 Fed. Reg. 3973 (January 26, 2012) states:The MPS and CPS provide emission reduction well in excess of simply

implementing BART on subject units. The reduction in NO emissions from theAmeren, Dynegy, and Midwest Generation unit by 2015 from MPS and CPS is

expected to be 89,882 TPY. Illinois estimated that simply implementing BART

on the subject units from these entities would yield 32,992 TPY of NO emission

reductions, which is 56,890 TPY less [than] that from MPS and CPS. Illinois

estimated that implementing BART on the subject units at Ameren, Dynegy, and

Midwest Generation facilities would require an 117,252 TPY reduction in SO2

emission, but MPS and CPS will require a 214,179 TPY S02 reduction by 2015.

Thus, Illinois estimated that its plan will require 96,927 TPY lower SO2emissionsthan simply requiring BART. EPA believes that Illinois has thereby demonstratedthat the emission limits on the subject to BART units covered by MPS and CPS

satisfy the BART requirements. 77 Fed. Reg. 3973 (January 26, 2012)

In the July 6, 2012 USEPA approval of the Illinois regional haze SIP, Table 1 lists the

following emission reductions for Ameren from Illinois’ plan, including reductions from theMPS and CPS:
The petition on page 31 states, “Given the voluntary compliance with a lower emission

rate of 0.38 lbIMMBtu beginning in 2012 (as opposed to 0.50 lbIMMBtu through 2013 and 0.43

lb/MMBtu during 2014) through 2019, the variance will result in mass emissions of SO2by 2015

even lower than Illinois’ estimates under current MPS requirements. The net reduction in SO2

emissions continues to 2020 and beyond and, thus, does not impact the state’s BART

determinations.” Pet. at 31.

(a) Please comment on how the proposed variance if granted will impact the values

cited from the Federal Register above (77 Fed. Reg. 3973 (January 26, 2012) and

77 Fed. Reg. 39946 (July 6, 2012)).

(b) Please comment on the assertion by the Illinois Attorney General’s Office (PC

249): “The problem with this framework [Ameren’s compliance plani is that the

MPS was not intended to be a 12-year averaging period of pollution reduction.”PC 249 at 4.

IT IS SO ORDERED.

C.M€ Wdrtr

Carol Webb

Hearing OfficerIllinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

217/524-8509

webbc @ipcb.state.il.us
John T. TherriaultIllinois Pollution Control BoardJames R. Thompson Center

100 W. Randolph St., Ste. 11-500

Chicago, Illinois 60601

CMo Wrr

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

217/524-8509

webbc@ipcb.state.il.us

SERVICE LIST

PCB 2012-126 PCB 2012-126

Gina Roccaforte Renee Cipriano

IEPA Schiff Hardin, LLP

1021 North Grand Avenue East 6600 Willis Tower

P.O. Box 19276 233 5. Wacker Drive

Springfield, IL 62794-9276 Chicago, IL 60606-6473

PCB 20 12-126

Amy Antoniolli.Schiff Hardin, LLP

6600 Willis Tower

233 S. Wacker Drive

Chicago, IL 60606-6473
Electronic Filing- Received, Clerk's Office, 07/30/2012 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN ENERGY RESOURCES, ) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Petitioner, 

v. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Respondent. 

NOTICE OF FILING 

To: ALL PARTIES ON THE ATTACHED SERVICE LIST 

PCB 12-126 

(Variance- Air) 

PLEASE TAKE NOTICE that we have today electronically filed with the Office of the 

Clerk of the Illinois Pollution Control Board AER'S RESPONSES TO THE ILLINOIS 

POLLUTION CONTROL BOARD TECHNICAL UNIT'S QUESTIONS, copies of which are 

herewith served upon you. 

Dated: July 30, 2012 

Renee Cipriano 

Gabriel Rodriguez 

Amy Antoniolli 

SCHIFF HARDIN LLP 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 

ATTACHMENT 1}J 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN ENERGY RESOURCES, ) 

) 

Petitioner, ) 

) 

v. ) 

) 

ILLINOIS ENVIRONMENTAL PROTECTION ) 

AGENCY, ) 

) 

Respondent. ) 

PCB 12-126 

(Variance- Air) 

AER'S RESPONSES TO THE ILLINOIS POLLUTION CONTROL BOARD 

TECHNICAL UNIT'S QUESTIONS 

Ameren Energy Resources ("AER" or "Petitioner") filed its petition for variance from 

two provisions of the lllinois Multi-Pollutant Standard ("MPS") for its fleet of seven Illinois 

energy centers on May 4, 2012 ("Petition"). In the Petition, AER sought relief from Section 

225.233(e)(3)(C)(iii) for five years beginning January I, 2015, and ending December 31, 2019, 

and relief from Section 225.233(e)(3)(C)(iv) for four years, beginning January I, 2017, and 

ending December 31, 2020. 35 Ill. Adm. Code 225.233(e)(3)(C)(iii), and (iv). A hearing in this 

matter is scheduled for August I, 2012. In her July 6, 2012 order, Hearing Officer Webb 

("Hearing Officer") included a series of questions on the Petition for AER to answer prior to 

hearing. Below AER sets out the Hearing Officer's questions in italics and provides answers 

immediately following each question. 

As a preliminary matter, AER notes that the I11inois Environmental Protection Agency 

(the "Agency") filed a neutral recommendation in this proceeding on July 23, 2012 

("Recommendation"). In the Recommendation, the Agency proposes, among other things, an 

alternative mitigation S02 emission rate of0.35 lb/MMBtu, rather than 0.38 lb!MMBtu, to apply 

in calendar years 2013 through 2019. AER commits to this revised S02 emission rate. As an 

additional mitigation measure, AER proposes herein that the variance term conclude on January 

15, 2020, with the return to compliance with the 0.23 lb/MMBtu beginning on that date rather 

I . 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

than on December 31, 2020 as proposed by AER in the Petition. The return to compliance with 

the 0.25 lb/MMBtu rate will begin on the date proposed by AER in its Petition (January I, 2020). 

The proposed lower mitigation S02 rate during the pendency of the variance relief and reduced 

variance time period results from discussions between AER and the Agency since the petition 

was filed on May 4, 2012. AER has determined it can comply with the proposed mitigation S02 

emission rate during the calendar years of 2013 through 2019 by operating flue gas 

desulfurization ("FGD") systems at the Duck Creek and Coffeen Energy Centers at a higher level 

of control than would otherwise be required or needed to meet regulatory requirements. A 0.35 

lb/MMBtu emission rate for S02 through calendar year 2019 also commits AER to not operate 

the Hutsonville and Meredosia Energy Centers during the pendency of the variance. AER 

addresses each of the Hearing Officer's questions below in light of the revised mitigation rate 

presented in the Agency's recommendation and AER's agreement to a shortened variance time 

period. 

1. PC6 suggests that Ameren Energy Resources (AER) could address two other 

compliance alternatives: (1) reducing capacity at its plants with higher S02 

emission rates and (2) seeking financing from its parent company to complete the 

Newton FGD Project. PC 6 at 4. PC 6 cites to Ameren's Q4 2011 Eamings Call 

Transcript (February 23, 2012) where Ameren mentioned "ratclzet[ing] down" 

generation from uncontrolled generating plants as a compliance option should it 

not install scrubbers at Newton. PC 6 at 5. 

Please comment on the. compliance alternatives of curtailing generation and 

seeking alternative financing. 

As conveyed in the Q4 2011 Earnings Call Transcript (February 23, 2012), AER has 

evaluated a range of compliance alternatives including installing pollution control equipment and 

curtailing generation. A more complete excerpt from the Q4 20 II Earnings Call Transcript 

shows AER was not considering "ratcheting down" generation as the likely or best compliance 

option, but rather that in evaluating ways to comply with the MPS absent the Newton scrubbers, 

reducing generation was one of many alternatives that required further evaluation. 

2 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

So, about in that period, we, absent other ways to comply, might need or would 

need to ratchet down the generation fi·om our uncontrolled generating plants. 

Which plants would do that, how that might take place, that's all something that 

we have to assess and examine here over the corning months in terms of again 

absent the Newton scrubbers, how we would best go about complying.' 

While curtailing generation reduces emissions, it also siphons off AER's sole source of 

revenues which are derived from the sale of power. Indeed, the de-rating of a unit means less 

power to sell, less revenue generated, and therefore reduces the amount of cash available to 

cover AER' s fixed operating costs to run the units. In the absence of improved forward power 

prices, significant curtailment of generation would exacerbate the precarious financial condition 

of AER in that insufficient cash flow would be generated to cover operating costs. However, 

AER did evaluate all options and has evaluated whether reducing operations at the Newton, B.D. 

Edwards, and Joppa Energy Centers is a viable compliance alternative. The evaluation revealed 

that in order to comply with the proposed MPS S02 emission rates, AER would need to lower 

capacity factors on such units to between 22% and 38%. In such scenarios, fixed operating costs 

would essentially remain the same because the units are still operating, even as generating levels 

are reduced. The result is negative cash flow and an inability to fund ongoing operations. In 

fact, the curtailment of operations puts AER as a whole in greater financial peril than unit 

shuttering thereby jeopardizing the system's viability and resulting in greater job loss. Operation 

cmtailment was evaluated and is simply not a viable compliance alternative. In this power 

market and under the regulatory landscape, if relief is not granted AER's only viable option to 

maintain compliance would be to take one or more energy centers out of operation.' 

AER has also explained in the Petition and supporting affidavits why seeking financing 

to complete the Newton FGD project from a third party or its parent company, Arneren 

1 The Q4 Earnings Call Transcript is viewable at: http://www.morningstar.com/eamings/36055260~amerencorp-g4-201 l.aspx?gindex~6&pindex~6 (page 6 oflhe Q&A tab). 

2 The Coffeen and Duck Creek Energy Centers have wet FGD systems that afford the Company the flexibility to 

burn a range of coals including higher sulfur coal from the Illinois coal basin. The Newton, Joppal and E.D. 

Edwards Energy Centers all burn low sulfur coal as a compliance mechanism. 

3 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

Corporation, is not feasible 3 First, the debt covenants of Ameren Energy Generating· Company 

("AEG," also known as "GENCO" in federal securities filings and third party financial analyses) 

restrict AEG' s ability to incur additional indebtedness from third-party external sources.' AEG's 

bond indenture covenants prohibit it from borrowing additional funds if its interest coverage 

ratio is less than 2.5 or its leverage ratio is greater than 60%. AEG expects its interest coverage 

ratio to fall below the minimum level required by the end of 2012 at which time it will no longer 

be able to borrow additional funds from third-party lenders to complete installation of the 

Newton FGD system.5 Violating these debt covenants is not a viable option. 

Second, Ameren Corporation will not financially support the merchant generation 

companies to the detriment of the parent company or its regulated utilities. AER and AERG are 

not publicly-registered companies, nor are they rated by credit rating agencies. Accordingly, 

they have no direct access to public financial markets themselves. The increasing negative view 

of the merchant generation and its subsidiaries by credit rating agencies, shareholders, current 

bondholders, and equity research analysts inhibits Ameren Corporation from investing in AER 

without the risk of severe negative investor reaction that could adversely impact its own credit 

quality and access to capita!.6 · 

The Citizens Groups state that AER has not shown that it cannot obtain the funding it 

needs to comply with the MPS from its parent company, Ameren Corporation." Specifically, the 

Citizens Groups refer to an earnings call transcript wherein Ameren Corporation discussed a Put 

Option Agreement that allows the sale of three natural gas plants by AEG to AmerenEnergy 

'Pet. at 22. 

4 Refer to Page 4, Fn. 6 and Exh. 6 of the Petition for a more robust explanation ofthe corporate relationships. 

5 Pet., Exh. 6. pg. 5. 

5 Pet., Exh. 5, pg. 7, I 0. 

1 Public Comment ("PC") #6, pg. 5. In PC#6, the Environmental Law & Policy Center ("ELPC") filed on 

behalf ofELPC, the Natural Resources Defense Council, Respiratory Health Association of Metropolitan 

Chicago, and Sierra Club (collectively, "Citizens Groups''). 

4 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

Resources Generating Company ("AERG") for either $1OOM or the market price of those gas 

facilities, whichever is greater. Ameren Corporation has agreed to be the funding source to 

AERG. This arrangement stems from the extreme liquidity shortages facing AEG and the 

inability to access credit. Given the likelihood that AEG will be unable to acquire short term 

debt capacity on its own if and when its credit facilities expire next year, the Put Option 

Agreement provides some assurance of liquidity. However, proceeds from the Put Option 

Agreement would be used to support basic operating needs, and not an equity injection that could 

be used for capital expenditures. The underlying business rationale for the Put Option is that 

companies could theoretically sell such assets to generate cash. In this sense, if exercised, the 

Put Option will allow AEG to continue to operate and provide critical time needed for power 

market conditions to improve before resuming the installation of the FGD system at the Newton 

Energy Center8 Ameren 's guarantee of the Put Option is much different than a direct 

investment in AER. The Put Option represents a form of support in that it strengthens AER' s 

liquidity profile but does not provide direct support of AEG or the Newton scrubber project. 

Moreover, if the Put Option is exercised, AER's liquidity "security blanket" is eliminated which 

alone could result in an adverse reaction by the investment community. Again, much like the 

operating curtailment alternative, AER would find itself in a worse financial situation than it 

finds itselftoday. For all of the reasons set forth in the Petition and supporting affidavits, neither 

Ameren Corporation nor third party lenders are viable financing alternatives. 

2. Ameren's petition on pages 8 to 10 contains the proposed variance compliance 

pla!L In part, Ameren proposes: 

.. . AER expects to maintain a continuous program of construction at the 

Newton Energy Center so as to be in a position to have the Newton [Flue Gas 

Desulfurization (FGD)] Project completed and operational to meet compliance 

obligations. All major equipment components required to complete the Newton 

FGD Project has been procured and will be stored on site during the variance 

period. Site preparation, foundation work and duct work fabrication will all be 

expected to continue over the next few years. Assuming power prices rebound, 

8 Pet. Exh. 5, pg. II. 

5 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

field construction activities including the mobilization of skilled craft labor and 

the procurement of commodity items could take approximately 24 months to 

complete once the project ramps back up. (Pet. at 9.) 

AER has incurred $237 million on the Newton FGD Project to date and intends 

to continue the various engineering and construction activities it can fund so as 

be positioned to complete the FGD Project in time to comply with the 2015 MPS 

S02 annual emission rate by January 1, 2020 and the 2017 rate by January 1, 

2021. By the end of 2012, AER will have spent over 50% of the project cost. 

(Pet at 19.) 

Based on the proposed compliance deadlines of January 1, 2020 and January 1, 

2021, please provide additional details in the compliance plan proposed on pages 8-

10 of the petition. Please provide an estimated timeline for phases of the 

compliance plan: engineering, site preparation, foundation work, duct work 

fabrication, field construction activities, startup, and any other significant phases. 

Also, please include the estimated costs for each phase. 

As of this date, AER has scheduled construction work through the remainder of 2012 and 

for calendar year 2013. Engineering design will continue through 2014. AER's current and 

ongoing efforts are focused on commercial commitments that can be completed in 2012 or 2013 

but that would facilitate future construction sequencing should market conditions improve. All 

major equipment sets will be delivered to the site and "rough set" (excluding connections and 

piping) into position. Steel fabrication of ductwork and insulation activities will occur 

throughout this period as well. The absorber building will be constructed. Electrical systems 

and piping connections will be deferred. AER will manage ongoing work to match cash flows 

and has budgeted $16M in annual expenditures during this period. Lastly, engineering design 

will continue. At present, detailed engineering design has been completed to the 65% level. 

Engineering design will continue through completion which will occur in 2014. By the end of 

2012 AER would have invested $237M in the Newton FGD project. Additional annual 

expenditures in the amount of $16M have been budgeted from 2013 through 2016. These 

expenditures would increase, assuming market conditions improve, in order to complete the 

project. AER will agree to provide the Board with progress reports on construction activities in 

future years. 

6 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

3. PC 6 states, "[Tjhe closure of Meredosia and Hutsonville plants -and the 

consequent decrease in emissions from Ameren 's coal fleet - would occur 

regardless of whether the variance is granted." PC 6 at 9, (emphasis in original). 

Ameren 's petition Exhibit 2 lists the S01 emissions in rate and tons per year for 

each power station. Ameren 's petition on page 9 ·notes that committing to the 

voluntary SOz emission rate of 0.38 lb!MMBtu during the variance period will 

impose significant operational restrictions on AER. Ameren 's petition on page 26 

contains a table showing the projected S01 emissions through 2021 if the variance 

were not granted, projected S01 emission under the variance, and the cumulative 

S01 reduction under the variance if the cessation of operations at Hutsonville and 

Meredosia are considered. 

(a) Please state the overall annual S01 emission rate from the Ameren MPS Group 

prior to, and after the closure of Meredosia and [Hutsonville] plants. Comment 

on whether reduction beyond what was achieved with closure of Meredosia and 

[Hutsonville} plan[ts] would be needed to meet the proposed S01 emission rate 

of0.38lh!MMBtl(. 

There is no real dispute that the closures of Meredosia and Hutsonville have an 

environmental benefit. Rather, the Citizens Groups in public comments believe that such 

emission reductions should not be considered by the Board in reviewing the merits of AER's 

variarce petition.9 The Hutsonville and Meredosia Energy Centers are fully permitted and AER 

may lawfully reopen them. However, as discussed in more detail below, AER would agree not 

to operate the facilities during the pendency of the variance period as a condition of the relief 

grarted. In its Recommendation, the Agency recognizes that "there is currently no regulatory 

requirement for Meredosia or Hutsonville to remain shut down" and that AER makes this 

commitment in spite of the associated constraints and operating requirements necessary to 

mitigate any potential negative environmental impacts resulting from the variance. 10 

The overall annual S02 emission rate rrom the Ameren MPS Group in 201!, prior to the 

closure of the Meredosia and Hutsonville Energy Centers, was 0.46 lb/MMBtu. To calculate an 

estimated 2012 emission rate based on comparable utilization of the fleet, AER used 201 I as a 

baseline and removed the contributions of the Hutsonville and Meredosia Energy Centers from 

9 See PC #6, pg. 9. 

10 Rec. at 19, 21. 

7 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

the S02 emission rate. AER used this methodology to calculate the annual S02 emission rate 

after the closure of the Meredosia and Hutsonville Energy Centers as 0.40 lbfMMBtu. Many 

assumptions are needed to predict emissions and utilization in the future, so AER chose the last 

actual compliance period to illustrate the reduction achieved by not operating those plants. 

Therefore, to meet the proposed rate of 0.35 lbfMMBtu or even the 0.38 lbfMMBtu S02 

rate, AER would have to do more. Specifically, AER would have to operate the existing FGD 

systems at the Coffeen and Duck Creek Energy Centers at a higher level of control than the 

operating level needed to comply with the regulations. Running the FGD systems at a 99% S02 

removal rate rather than 95% requires added auxiliary power, the increased sizing of equipment, 

and increased limestone usage. Moreover, the higher performance will lead to higher 

maintenance costs due to increased wear and tear. Capital expenditures associated with 

achieving and maintaining FGD removal efficiencies at a 99% level are estimated at $5 million 

and operating and management costs for the increased limestone usage are estimated at $173,337 

annually. 

(b) Please state the anwunt of S02 emissions if the requested variance is granted, 

compared to that which would result if immediate compliance is required. In 

particular, please readdress Table 1 011 page 26 of the petition to provide a 

specific estimate of the net difference between the projected S02 emissions 

under the current rule and under the proposed variance if Meredosia ami 

Hutsonville are not considered in the system-wide analysis. 

In Table I ofthe Petition, AER followed the same methodology that was employed and 

endorsed by the Agency when the MPS was first developed. In the initial MPS analysis, the 

Agency calculated an average heat input based on the three highest years between 2000 and 

2007. In the 2009 revisions to the MPS, AER included calendar year 2008 and averaged heat 

inputs from 2006, 2007, and 2008, which resulted in a constant projected heat input of 

340,446,252 mmBtu. 11 In order to maintain a comparable comparison, AER utilized this same 

11 In the matter of Proposed Amendments to, 35 Ill. Adm. Code 225: Control of Emissions From Large 

Combustion Sources (Mercwy Monitoring), R09-1 0, Testimony of Michael L. Menne on Behalf of Ameren 

Companies, pg. 15 (Feb. 2, 2009). 

8 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

heat input in the Table I on page 26 of the Petition to project emissions for the period of 20 I 0 

through 2021. AER calculated the total projected baseline S02 emissions from the Ameren MPS 

Group under the current requirements of the MPS for the period of 2010 through 2021 at 

694,510 tons. AER used the same heat input as it used to make its previous demonstration in 

support of a rule change in 2009, which includes heat rates from the Meredosia and Hutsonville 

Energy Centers. The cumulative S02 reduction reflects both the reduction in S~ mass 

emissions due to the cessation of operations at the Hutsonville and Meredosia Energy Centers 

and the proposed mitigation rate. AER projected the emission rates under the requested variance 

in Table 1 in the Petition to reduce total S02 emissions ("Cumulative S02 Variance Reduced 

Tons") for the period between 2010 and 2021 by 29,217 tons. 

AER has now prepared a revised table in response to this question 3(b). This table, 

attached as Table 2, shows the projected mass emissions of S02 using the Agency's revised S02 

emission rate of 0.35 lbfMMBtu during the years of 2013 through 2019 and the shortened 

variance period compared to that which would result if compliance with the MPS 2015 and 2017 

S02 emission rates is required. AER did the calculations during the period of 2010 through 2020 

and used a revised heat input for the years of 2012 through 2020 to reflect the closures of 

Meredosia and Hutsonville. Using the same average heat input (again, based on averaging 2006, 

2007, and 2008 data), but eliminating the heat inputs for those two energy centers, the total 

projected baseline S02 emissions for the period of20 I 0 through 2020 were calculated at 647,589 

tons. 12 Accordingly, the cumulative S02 emissions reduced for this period are 34,895 tons. 

Table 2 shows a net environmental benefit under the revised approach excluding Meredosia and 

Hutsonville. 

12 Note, however, that the calculations for the mass S02 emissions under the variance in both Table 1 in the 

petition and the revised table in Exhibit XX factor in two times the projected emissions from the FutureGen 

project at the Meredosia Energy Center. 

9 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

The Citizens Groups criticize the inclusion of AER's actual emissions in 2010 and 2011 

in calculating the total emission reductionsY AER included the actual emissions from 2010 and 

2011 to illustrate that AER would be in the same position or better by the end of the variance 

te1m than as was projected under the MPS (that is, to make a true comparison, the entire period 

needs to be considered). However, removing calendar years 2010 and 2011 from the 

calculations, a commitment to the revised S02 mitigation emission rate and the closures of the 

Meredosia and Hutsonville Energy Centers during the pendency of the variance term still result 

in a net environmental benefit of 7, 770 tons S02 during the variance period. 

AER maintains it is appropriate to calculate emissions reductions using a heat input that 

includes Meredosia and Hutsonville in the baseline, thereby "taking credit" for the closure of 

these two energy centers. As noted by the Agency, "providing credit for actions (e.g., unit 

shutdowns) that result in emission reductions is an acceptable part of the established regulatory 

process." 14 A table showing the cumulative S02 emission reductions when taking credit for the 

closures of Hutsonville and Meredosia during the MPS period (20 I 0 through 2020) is attached as 

Table 3. Performing the calculations under this recognized approach, the revised emission rates 

and closures of Meredosia and Hutsonville will provide a net benefit of 60,669 tons S02 during 

the term of the variance. Accordingly, contrary to the Citizens Groups assertion that the variance 

will "significantly increase harmful S02 pollution," AER has demonstrated, and the Agency 

agrees, that the revised variance request will in fact provide a net environmental benefit and will 

not result in any environmental harm. 

4. Does Ameren suggest any conditions to the requested variance? 

In response to the Agency's recommendation and this question, AER suggests that it be 

subject to the Agency's proposed revised S02 emission rate of 0.35 lb!MMBtu during the 

tJtJ PC#6, pg. 9. 

14 Rec. at 21. 

10 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

calendar years of 20 13 through 2019 and that it also be subject to the shortened variance period. 

Furthermore, AER agrees to the following conditions to the requested relief: 

I. AER agrees not to operate the Hutsonville and Meredosia Energy Centers for power 

generation purposes during the pendency of the variance; except that the FutureGen project 

which is currently proposed for the Meredosia Energy Center site is exempt from this restriction. 

2. During the tenn of the variance, AER agrees to file progress reports with the Board 

and the Agency as to the status of construction activities relating to the Newton scrubber 

annually by the end of each calendar year. Furthermore, in the event completion of the FGD 

system becomes infeasible, AER agrees to advise the Board and the Agency of altemative plans 

for compliance during the remaining term of the variance. 

Dated: July 30, 2012 

Renee Cipriano 

Gabriel Rodriguez 

Amy Antoniolli 

Schiff Hardin, LLC 

233 South Wacker Drive, Suite 6600 

Chicago, IL 60606 

Respectfully submitted, 

AMEREN ENERGY RESOURCES, Petitioner. 

11 
TABLE2 

Baseline Heat MPS S02 MPS Baseline Variance S02 Adjusted Heat Variance C

Input Rate so2 Rate Input so2 Va

Year MMBtu lbfMMBtu Tons lbfMMBtu MMBtu Tons 

2010 340,446,252 0.50 85,112 0.50 340,446,252 85,112 

2011 340,446,252 0.50 85,112 0.50 340,446,252 85,112 

2012 340,446,252 0.50 85,112 0.38 312,003,694 59,281 

2013 340,446,252 0.50 85,112 0.35 312,003,694 54,601 

2014 340,446,252 0.43 73,196 0.35 312,003,694 54,601 

2015 340,446,252 0.25 42,556 0.35 312,003,694 54,601 

2016 340,446,252 0.25 42,556 0.35 312,003,694 54,601 

2017 340,446,252 0.23 39,151 0.35 312,003,694 54,601 

2018 340,446,252 0.23 39,151 0.35 312,003,694 54,601 

2019 340,446,252 0.23 39,151 0.35 312,003,694 54,601 

2020 340,446,252 0.23 39,151 0.23 312,003,694 35,880 

Total 655,359 647,589 

Note for the "Cumulative S02 Variance Reduced Tons" column, a positive nwnber indicates an emission decrease (benefit). 

*Note that the Heat Input has been adjusted to remove Hutsonville and Meredosia from the baseline; no additional emission reductions ha
TABLE3 

Baseline Heat MPSS02 MPS Baseline Variance S02 Variance Cumulativ

Input Rate so2 Rate SOz R

Year MMBtu lb/MMBtu Tons MMBtu Tons 

. 

2010 340,446,252 0.50 85,112 0.50 85,112 

2011 340,446,252 0.50 85,112 0.50 85,112 2012 340,446,252 0.50 85,112 0.38 64,685 

2013 340,446,252 0.50 85,112 0.35 59,578 2014 340,446,252 0.43 73,196 0.35 59,578 

2015 340,446,252 0.25 42,556 0.35 59,578 

2016 340,446,252 0.25 42,556 0.35 59,578 

2017 340,446,252 0.23 39,151 0.35 59,578 

2018 340,446,252 0.23 39,151 0.35 59,578 

2019 340,446,252 0.23 39,151 0.35 59,578 

2020 340,446,252 0.23 39,151 0.23 39,151 

Total 655,359 691,106 

Note for the 11Cumulative S02 Variance Reduced Tons 11 column, a positive number indicates an emission decrease (benefit). 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

~rt.. WAmeren 

Michael L Menne 

Vice President 

Environmental Services 

Ameren Services 

T 314.554.2816 

F 314.554.4182 

mlmenne@ameren.com 

............................................................................................................................................................................................................................................ 

............................................................................................................................................................................................................................................ 

AFFIDAVIT OF MICHAEL L. MENNE 

My name is Michael L. Menne and I helped prepare this public comment on behalf of Ameren Energy 

Resources, which I will refer to as "AER." I am the Vice President of Environmental Services for Ameren 

Services Company, a subsidiary of Ameren Corporation. I joined the newly formed environmental services 

department of Union Electric Company, now doing business as Ameren UE, in 1976. I became employed as a 

Manager of Environmental Affairs for Ameren Services Company in 1998 and served as a Manager of the 

Environmental Safety and Health Department, now the Environmental Services Department, for Ameren 

Services Company from 2000 to 2003. I am responsible for developing policies and procedures relating to 

environmental compliance for Ameren Corporation and its operating subsidiaries. In that capacity I am 

responsible for representing Ameren Corporation and its subsidiaries before regulatory and administrative 

bodies with respect to state and federal permitting conditions and regulatory requirements. I consulted with 

Steven Whitworth, also an employee of Ameren Services Company, in preparing and reviewing this public 

comment. 

I have read the Public Comment of Ameren Energy Resources and the facts stated therein are true and 

correct to the best of my knowledge and belief. 

Further affiant sayeth not. 

Subscribed and sworn to before me 

this ill.':_ '<lay of July, 2012. 

~fJo-4<~/ Notary Public 0 

Rhoncll K. Lot811Z • !'IOIBfY Public 

Nolary Seal, Slate of 

lotaaolni • Sl LOllis City CCimmlssian IJ09841283 

My Commission Expires 712212013 

1901 Chouteau Avenl.le 

PO Box 66149, MC 602 St. louis, MO 63166·6149 Ameren.com 
Electronic Filing - Received, Clerk's Office, 07/30/2012 

AFFIDAVIT OF RYAN J. MARTIN 

My name is Ryan J. Martin and I helped prepare this public comment on behalf of 

Ameren Energy Resources. I previously filed an affidavit in this matter that details my job 

description and duties. 

I have read the Public Comment of Ameren Energy Resources and the facts stated therein 

are true and correct to the best of my knowledge and belief. 

Further, Affiant sayeth not. 

Subscribed and sworn to before me 

this }1J. day ofJuly, 2012 fstephanle Anne Gifford. Notary Publi~- Notary Seal, Stale of ~ Missourt- St. Chartes County · Commission #11479771 , My Commission ~ires 1/30/2016 
.. 

Electronic Filing- Received, Clerk's Office, 07/30/2012 

CERTIFICATE OF SERVICE 

I, the undersigned, certify that on this 30th day of July, 2012, I have served electronically 

the attached AER'S RESPONSES TO THE ILLINOIS POLLUTION CONTROL BOARD 

TECHNICAL UNIT'S QUESTIONS, upon the following persons: 

John Therriault, Assistant Clerk 

Carol Webb, Hearing Officer 

Illinois Pollution Control Board 

James R. Thompson Center 

Suite 11-500 

100 West Randolph 

Chicago, Illinois 6060 I 

and electronically and by first class mail, postage affixed, upon: 

Gina Roccaforte 

Assistant Counsel 

Division of Legal Counsel 

lllinois Environmental Protection Agency 

1021 North Grand Avenue, East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

Renee Cipriano 

Gabriel Rodriguez 

Amy Antoniolli 

SCHIFF HARDIN LLP 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

SERVICE LIST 

(PCB 12-126) 

John Therriault, Assistant Clerk Gina Roccaforte 

Carol Webb, Hearing Officer Assistant Counsel 

Illinois Pollution Control Board Division of Legal Counsel 

James R. Thompson Center Illinois Environmental Protection Agency 

100 West Randolph Street, Suite 11-500 1021 North Grand Avenue, East 

Chicago, Illinois 60601 P.O. Box 19276 

therria j lali!)Cb .state.il. us Springfield, Illinois 62794-9276 
•! 

Electronic Filing- Received, Clerk's Office, 07/30/2012 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

AMEREN ENERGY RESOURCES, ) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Petitioner, 

v. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Respondent. 

NOTICE OF FILING 

To: ALL PARTIES ON THE ATTACHED SERVICE LIST 

PCB 12-126 

(Variance- Air) 

PLEASE TAKE NOTICE that we have today electronically filed with the Office of the 

Clerk ofthe Illinois Pollution Control Board AER'S RESPONSES TO THE ILLINOIS 

POLLUTION CONTROL BOARD TECHNICAL UNIT'S SECOND SET OF QUESTIONS, 

copies of which are herewith served upon you. 

Dated: July 30, 2012 

Renee Cipriano 

Gabriel Rodriguez 

Amy Antoniolli 

SCHIFF HARDIN LLP 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 

Amy Antoruolh 

Z1 ATTACHMENT __ _ 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

Al\1EREN ENERGY RESOURCES, ) 

) 

Petitioner, ) 

) 

v. ) 

) 

ILLINOIS ENVIRON!\1ENTAL PROTECTION ) 

AGENCY, ) 

) 

Respondent. ) 

PCB 12-126 

(Variance- Air) 

AER'S RESPONSES TO THE ILLINOIS POLLUTION CONTROL BOARD 

TECHNICAL UNIT'S SECOND SET OF QUESTIONS 

Ameren Energy Resources ("AER" or "Petitioner") filed its petition for variance from 

two provisions of the Illinois Multi-Pollutant Standard ("MPS") for its fleet of seven Illinois 

energy centers on May 4, 2012 ("Petition"). In the Petition, AER sought relief from Section 

225.233(e)(3)(C)(iii) for five years beginning January I, 2015, and ending December 31, 2019, 

and relief from Section 225.233(e)(3)(C)(iv) for four years, beginning January I, 2017, and 

ending December 31, 2020. A hearing in this matter is scheduled for August I, 2012. In her 

July 6, 2012 order, Hearing Officer Webb ("Hearing Officer") included a series of questions on 

the Petition for AER to answer prior to hearing. AER filed responses to the first set of Hearing 

Officer questions on July 30, 2012 ("AER's First Set of Responses"). The Hearing Officer 

inc!J,1ded a second set of questions in a July 25, 2012 order. AER's responses to the July 25, 

2012 questions are set forth below. 

1. PC 249 from the Illinois Attorney General's Office asks, 

Could scrubbers at Ameren 's plants be further optimized to reduce emissions or 

are there less expensive pollution control technologies that could assist? Could 

Ameren run certain units less or temporarily power down a unit at each 

facility? What are these other operational management measures and could 

more of them be pursued to reduce emissions? PC 249 at 7. 

Please comment on the compliance alternatives of further optimizing scrubbers to 

reduce emissions, less expensive pollution control technologies that could assist in 

reducing emissions, and operational management measures that could be pursued 

to reduce emissions. 

.. 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

AER has and continues to evaluate a number of compliance alternatives that can 

effectively reduce emissions. Under AER's compliance plan, the operation of FGD systems at 

the Duck Creek and Coffeen Energy Centers will be fully maximized in order to maintain 

compliance on a system-wide basis with the MPS S02 emission requirements. The removal 

efficiencies for the FGD systems will range between 98-99%. 1 Even at those high removal 

efficiency levels, compliance margins remain narrow and AER will need to employ operational 

strategies such as low-sulfur coal proc;urement and generation utilization in order to comply with 

the proposed emission rate. 

In addition to scrubbers, AER has evaluated other technologies for S02 reduction 

including sorbent injection. AER's evaluation of sorbent injection reflects removal levels of 10 

to 90%. Such variability in removal efficiencies reduces the effectiveness of this technology as a 

compliance alternative. Furthermore, AER's analysis ret1ected that the installation of such 

equipment at a facility such as E.D. Edwards would impair that unit's electrostatic precipitator 

performance (ESP) thereby potentially triggering additional controls such as a baghouse to 

control particulate matter (PM). AER currently utilizes activated carbon injection at all of its 

non-FGD units which add to the mass loading on the ESPs. Accordingly, the total cost of 

sorbent injection when considered in conjunction with the increased capital costs associated with 

controlling PM, renders this alternative equivalent to that of a scrubber system. More 

importantly, to comply with the MPS via sorbent injection would entail installation of such 

contra Is (and baghouses) at virtually all of AER's uncontrolled units across the system. The cost 

of such alternative would exceed the cost to complete the Newton scrubber. 

Finally, AER considered operational management measures to comply with the MPS in 

2015, but found that snch reductions would lead to negative cash flow and would exacerbate, not 

1 See page 8 ofAER~s First Set of Responses for the associated capital and operating and maintenance costs 

associated with achieving and maintaining such high FGD removal efficiencies. 

2 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

alleviate AER's current financial predicament Please refer to pages 2 and 3 of AER's First Set 

of Responses. 

2. Table I on page 26 of the petition and Attachment I to Exhibit 7 compares "MPS 

Baseline S02 Tons" to "Variance S02 Tons" and calczdates a "Cumldative S02 

Variance Reduced Tons" for the years 2010 to 2021. 

In Attachment I to Exl!ibit 7, Ameren used tl1e "Baseline Heat Input" of 

340,446,252, explaining, "In order to equalize the comparison, AER used the same 

average heat input projections as were used to support the 2009 rule revisions to 

the AlPS." Exh. 6 at 3. 

(a) Should the units for "Baseline Heat I11put" in Attachment I to Exhibit 7 be 

MMBtulyear instead of lb/MMBtu? 

Yes. 

(b) What heal input was used in the recently approved SIP (mentioned in question 

2 below)? 

It appears that the Illinois Environmental Protection Agency (Agency) used 2002 heat 

input data for its comparison to support revisions to the Illinois SIP for regional haze. The 

memorandum entitled "Comparison of Illinois Power Plant Emission reductions to Reductions 

from Source-Specific Best Available Retrofit Technology," filed by USEPA on May 29, 2012 

states it used data from Illinois' technical support document for BART. 

(c) If the heat input values are not the same, please e-.:plain which value is most 

appropriate for calculations to support an SIP revision. 

The heat inputs AER uses in its calculations are not the same as those used in support 

of the Illinois SIP revisions. AER and the Agency agreed on the approach to heat input 

values to be used when developing the MPS in 2006 and then when seeking the revision in 

2009. Which heat inputs are more appropriate for calculations to support a SIP revision may 

be best answered by the Agency in the context of the SIP revision process. 

(d) It appears the "MPS Baseline S02 Tons" is calculated by mldtiplying 

"Baseline Heat Input" by the S02 annual emission rates from Section 

225.233(e)(3)(C). Please explain how the "Variance S02 Tons" are 

calculated and what heat input Ameren use£L Please explain if the heat 

3 
•' 

Electronic Filing- Received, Clerk's Office, 07/30/2012 

input is adjusted to reflect the cessation of operations at Meredosia and 

Hutsonville Energy Centers. 

The Board is correct that the "MPS Baseline S02 Tons" is calculated by multiplying 

"Baseline Heat Input" by the S02 annual emission rates from Section 225.233(e)(3)(C). To 

calculate the "Variance S02 Tons," AER multiplied the baseline heat input (340,446,252 

MM!Btu) by the variance S02 emission rates. This heat input was not adjusted to reflect the 

cessation of operations at the Meredosia and Hutsonville Energy Centers. AER maintains 

that it is appropriate to calculate emissions reductions using a heat input that includes 

Meredosia and Hutsonvi!!e in the baseline, because both plants are part of the MPS group and 

their closure should be considered. As noted by the Agency, "providing credit for actions 

(e.g., unit shutdowns) that result in emission reductions is an acceptable part of the 

established regulatory process." Rec. at 21. ln AER' s First Set of Responses, AER prepared 

an updated table showing the 802 emission reductions through 2020 when considering the 

closures of Hutsonville and Meredosia (Table 3). 

(e) Please dejme the term for "nominal" (mmBtulllr) as used in Exhibit 2. 

The term "nominal" in Exhibit 2 to the Petition specifies a target output consistent 

with conceptual or preliminary design or projections, not necessarily the maximum capability 

or performance. 

(f) For 2010 and 2011, the "Variance S02 Tons" in the tables are listed as 

70,560 and 72,539, respectively. Tlze sum of "2011 S02 mass emissions" 

from Exhibit 2 is 72,538. Please indicate if these values are based on actual 

emissio.ns. 

Yes, these values are actual emissions for those years. 

(g) Please e."plain why the "Variance S02 Tons" for 2010 and 2011 are both 

lower than the "MPS Baseline S02 Tons". 

The MPS Baseline 802 Tons are calculated to show the maximum emissions in S02 

tons allowable under the MPS. The actual emissions for those years are lower, reflecting the 

4 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

operation of FGD systems at high efficiencies and other operational measures to reduce 

emissions. 

(h) Please explain the reasoning behind including years 2010 and 2011 in the 

calculation of "Cumulative S02 Variance Reduced Tons" if the variance 

were to be granted in 2012. 

AER included the years 2010 and 2011 in the calculation of "Cumulative S02 

Variance Reduced Tons" to show the total tons of S02 reduced during the MPS period by the 

end of the requested variance term. 

The Illinois Environmental Protection Agency's (IEPA) Recommendation filed 

July 23, 2012, (Ag. Rec.) stated, "Petitioner proposes to commit to a system-wide 

annual average S02 emission rate of 0.35 lblmmBtu, as opposed to 0.38 

lblmmBtu as set forth in the Petition, from January I, 2013, through December 

31, 2019." Ag. Rec. at 20, 21. 

(i) Does Ameren affirm the commitment above that IEPA referred to on pages 

20 and 21? 

AER commits to complying with the S02 emission rate of0.35lb/MMBtu, rather than 

0.38 lbiMMBtu, in calendar years 2013 through 2019. As an additional mitigation measure, 

AER proposes herein that the variance term conclude on January 15, 2020, with the return to 

compliance with the 0.23 lb/MMBtu beginning on that date rather than on December 3!, 

2020 as proposed by AER in the Petition. Please refer to AER's First Set of Responses for a 

more complete response to this question. 

OJ Please readdress Table 1 on page 26 of the petition and Attachment 1 of 

Exh 7 to reflect the S02 emission rate of 0.35 lb/mmBtu for the specified 

time period. Please show your calculations for all values in the Table. 

Please refer to AER's First Set of Responses, Exhibit I for a revised table calculating 

tons of S02 reduced under the agreed revised rate and shortened variance period and 

removing Hutsonville and Meredosia from the system-wide baseline. 

(k) .Please readdress Table 1 on page 26 and Attachment 1 of Exh. 7 of the 

petition to also show "Cumulative S02 Variance Reduced Tons" if 2010 and 

2011 are not considered. 

5 
•' 

Electronic Filing- Received, Clerk's Office, 07/30/2012 

AER calculations show that when removing the actual S02 emissions in 20 I 0 and 

2011 from the "Cumulative S02 Variance Reduced Tons," the variance results in a net 

environmental benefit of 7, 770 tons S02 by the end of 2020. AER has prepared a revised 

table to answer this question, which is attached hereto as Table 4. 

3. The petition on page 32 states, " ... once the Illinois BART [best trvailable retrofit 

technology]ISIP [State Implementation Plan] is adopted as fina4 Illinois must 

seek revisions to the SIP reflecting the terms of the variance." Pet. at 32. 

Amerenfiled its petition on May 3, 2012, and USEPA published its approval of 

the Illinois regional haze SIP on July 6, 2012. 77 Fed. Reg. 39943 (July 6, 

2012). The final rule is effective on August 6, 2012. Under tire final rule for 

Ameren, "three of its power plants meet the criteria for being subject to BART, 

and five coal-fired plants are governed by tlze S02 and NO., limits in the (CPS) 

[Combined Pollutant Standard]. 77 Fed. Reg. 39944. 

' USEPA stated, "In the notice of proposed rulemaking, [US]EPA proposed to 

conclude that the emission reductions from the (MPS [Multi-Pollutant 

Standard]) and the (CPS) would be greater than the reductions that would 

occur with unit-specific implementation of BART on the subset of these sources 

that meet the criteria for being subject to BART. Therefore, [US]EPA proposed 

to find that the (MPS) and the (CPS) suffice to address the BART requirement 

for the power plants of these three utilities [Midwest Generation, Dynegy, and 

Amerenj." 77 Fed. Reg. 39944 (July 6, 2012). 

The petition on page 31 states, "Illinois estimated that its plan will require 

96,927 tons per year lower S02 emissions by 2015 than simply requiring BART 

and USEPA accepted Illinois' plan as satisfying BART requirements." Pet. at 

31. Ameren follows, " ... the variance will result in mass emissions of S02 by 

2015 even lower than Illinois' estimates under current MPS requirements. The 

net reduction in S02 emissions continues to 2020 and beyond and, thus, does 

not impact the state's BART determinations." Pet. at 31. 

Exhibit 15 of the petition (77 Fed. Reg. 3973 (January 26, 2012) states: 

The MPS and CPS provide emission reduction well in excess of simply 

implementing BART on subject units. The reduction in NOx emissions 

from the Ameren, Dynegy, and Midwest Generation unit by 2015 from 

MPS and CPS is expected to be 89,882 TPY. Illinois estimated that 

simply implementing BART on the subject units from these entities 

would yield 32,992 TPY of NOx emission reductions, which is 56,890 

TPY less [than] that from MPS and CPS. Illinois estimated that 

implementing BART on the subject units at Ameren, Dynegy, and 

Midwest Generation facilities would require an 117,252 TPY reduction 

in S02 emission, but MPS and CPS will require a 214,179 TPY S02 

reduction by 2015. Thus, Illinois estimated that its plan will require 

96,927 TPY lower S02 emissions than simply requiring BART. EPA 

believes that Illinois has thereby demonstrated that the emission limits 

6 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

on the subject to BART units covered by MPS and CPS satisfy the BART 

requirements. 77 Fed. Reg. 3973 (January 26, 2012) 

In the July 6, 2012 USEPA approval of the Illinois regional haze SIP, Table 1 

lists the following emission reductions for Amerenfrom Illinois' plan, iJ!Cluding 

reductions from the MPS and CPS: 

Company 

Ameren 

NOx reductions 

(tons/year) 

IL Plan Lowest BART 

24,074 23,849 

(77 Fed. Reg. 39946 (July 6, 2012)) 

S02 reductions 

(tons/vear) 

IL Plan Lowest BART 

111,997 74,349 

The petition on page 31 states, "Given /he voluntary compliance with a lower 

emission rate of0.38lb/MMBtu beginning in2012 (as opposed to 0.50 

lb/MMBiuthrough 2013 and 0.43 lb!MMBtu during 2014) through 2019, the 

variance will result in mass emissions of S02 by 2015 even lower than Illinois' 

estimates under current MPS requirements. The net reduction in S02 emissions 

continues to 2020 and beyond and, thus, does not impact the state's BART 

determinations." Pet. at 31. 

(a) Please comment on how the proposed variance if granted will iJnpact the 

values cited from the Federal Register above (77 Fed. Reg. 3973 (January 

26, 2012) and 77 Fed. Reg. 39946 (July 6, 2012)). 

In the final rule published July 6, 2012, USEPA noted in response to public comments 

that Illinois' plan would achieve greater reasonable progress - meaning greater emissions 

reductions and greater visibility protection - by the BART compliance deadline (in 20 17) 

than the application of BART on BART-subject units. The 96,927 tons S02 per year value 

from the proposed revisions is an Illinois-wide figure that shows the dramatic reductions the 

Illinois plan will provide below that which would be achieved by implementing BART on 

BART-subject units. US EPA finds this number was calculated in accordance with guidance 

and is fully consistent with USEPA's conclusions in adopting the rule as finaL 77 Fed. Reg. 

39945 (Jul. 6, 2012). 

Table I in the final rule is Ameren·specific. To calculate the estimated S02 

reductions in the final rule, USEPA used emission limits described in USEPA's 

RACT/BACT/LAER Clearinghouse as being applied to new sources, which is a 0.06 

7 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

lb/MMBtu emission rate for S02• USEPA acknowledged this is an exceedingly stringent 

emission rate for existing power plants, but wanted to show that the Illinois plan provided 

"significantly greater emission reductions, especially for S02 • • ." than even very 

conservative definitions for BART. 77 Fed. Reg. 39946. AER contends that both values 

show that Illinois' plan achieves greater reasonable progress than simply applying BART in 

Illinois. When compared to emissions reductions by AER's energy centers under the rv1PS, 

the variance, as proposed by the Agency, imparts even greater emissions reductions by the 

BART compliance deadline in 2017. Accordingly, an amendment to the SIP incorporating 

this variance request would only serve to enhance Illinois' ability to comply with the Clean 

Air Act and Regional Haze Rule. 

(b) Please comment on the assertion by the Illinois Attorney General's Office 

(PC 249): "The problem with !his framework [Ameren's compliance plan] 

is that the MPS was not intended to be a 12-year averaging period of 

pollution reduction." PC 249 at 4. 

AER disagrees with the Attorney General's Office characterization of AER's 

compliance plan and the MPS. By seeking this variance, AER is not requesting a 12-year 

averaging period of pollution reduction. Rather, AER is asking to delay the 2015 and 2017 

rates such that it can complete installation of the pollution control equipment necessary to 

meet those rates. AER agrees with the Agency that the MPS was created and designed to 

achieve significant S02 and NOx reductions in exchange for mercury control flexibility in the 

Illinois Mercury Rule. Further, the timing of the 1\IIPS reductions was negotiated and factored 

in many variables, including Petitioner's ability to install pollution control equipment in a 

timely manner. The MPS is structured as a rate-based regulation and not as a framework to 

achieve a specific milestone of mass emission reductions. 

Variances are allowed under Illinois law based upon a showing of arbitrary and 

unreasonable hardship. As part of that demonstration, AER must establish that it has to the 

extent practicable minimized the environmental impact of the variance relief. AER has 

8 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

satisfied that obligation by illustrating the impact of the proposed rate as compared to the 

existing regulation. The compliance plan offers a more stringent S02 emission rate early in 

the term in exchange for more time to meet the 2015 and 2017 rates. Those earlier, and more 

stringent requirements offset the impact of the variance relief. This is true even if you 

remove Hutsonville and Meredosia from the calculations. AER will continue to comply with 

progressively declining rates during the MPS period. Doing so will require AER to 

implement every economically reasonable S02 reduction measure available. 

Dated: July 30, 2012 

Renee Cipriano 

Gabriel Rodriguez 

Amy Antoniolli 

Schiff Hardin, LLC 

233 South Wacker Drive, Suite 6600 

Chicago, IL 60606 

Respectfully submitted, 

AMEREN ENERGY RESOURCES, Petitioner. 

9 
TABLE4 

Baseline MPS S02 MPS Variance S02 Adjusted 

Heat Input Rate Baseline S02 Rate Heat Input Variance S0

Year MMBtu lb/MMBtu Tons lb/MMBtu MMBtu Tons 

2012 340,446,252 0.50 85,112 0.38 312,003,694 59,281 

2013 340,446,252 0.50 85,112 0.35 312,003,694 54,601 

2014 340,446,252 0.43 73,196 0.35 312,003,694 54,601 2015 340,446,252 0.25 42,556 0.35 312,003,694 54,601 

2016 340,446,252 0.25 42,556 0.35 312,003,694 54,601 

2017 340,446,252 0.23 39,151 0.35 312,003,694 54,601 

2018 340,446,252 0.23 39,151 0.35 312,003,694 54,601 2019 340,446,252 0.23 39,151 0.35 312,003,694 54,601 2020 340,446,252 0.23 39,151 0.23 312,003,694 35,880 

Total 485,136 477,366 

Note for the 11Cumu1ative 802 Variance Reduced Tons" column, a positive number indicates an emission decrease (benefit). 

*Note that the Heat Input has been adjusted to remove I-Iutsonvi11e and Meredosia from the baseline; no additional emission reductions ha
Electronic Filing- Received, Clerk's Office, 07/30/2012 

CERTIFICATE OF SERVICE 

I, the undersigned, certify that on this 30th day of July, 2012, I have served electronically 

the attached AER'S RESPONSES TO THE ILLINOIS POLLUTION CONTROL BOARD 

TECHNICAL UNIT'S SECOND SET OF QUESTIONS, upon the following persons: 

John Therriault, Assistant Clerk 

Carol Webb, Hearing Officer 

Illinois Pollution Control Board 

James R. Thompson Center 

Suite 11-500 

100 West Randolph 

Chicago, Illinois 6060 I 

and electronically and by first class mail, postage affixed, upon: 

Gina Roccaforte 

Assistant Counsel 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

I 021 North Grand A venue, East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

Renee Cipriano 

Gabriel Rodriguez 

Amy Antoniolli 

SCHIFF HARDIN LLP 

233 South Wacker Drive 

Suite 6600 

Chicago, Illinois 60606 

312-258-5500 

Amy Antomolli 
Electronic Filing- Received, Clerk's Office, 07/30/2012 

SERVICE LIST 

(PCB 12-126) 

John Therriault, Assistant Clerk 

Carol Webb, Hearing Officer 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph Street, Suite 11-500 

Chicago, Illinois. 60601 

therriaj @ipc b. state.il. us 

Gina Roccaforte 

Assistant Counsel 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

1021 North Grand Avenue, East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

AMEREN ENERGY RESOURCES,

Petitioner,

-vsILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

)

)

)

)

DOCKET NO.

PCB 12-126

(Variance-Air)

Hearing held, pursuant to notice, on Wednesday,

August 1, 2012, at the hour of 10:00 a.m., at 1021

N. Grand Ave. East, Illinois, before CAROL WEBB,

duly appointed Hearing Officer.

L.A. REPORTING SERVICE

(312)419-9292

REPORTER: LAUREL A. PATKES, CSR #084-001340
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

2

BOARD MEMBERS:

TOM HOLBROOK, Board Chairman

JENNIFER BURKE

TOM JOHNSON

CARRIE ZALEWSKI

DEANNA GLOSSER

LISA LIU

Technical Unit

APPEARANCES:

SCHIFF HARDIN, LLP, by

GABRIEL RODRIGUEZ

RENEE CIPRIANO

AMY ANTONIOLLI

233 S. Wacker Drive

Suite 6600

Chicago, Illinois 60606

(312)258-5550

aantoniolli@schiffhardin.com

appearing on behalf of

Petitioner;

GINA ROCCAFORTE

IEPA Assistant Counsel

1021 N. Grand Ave. East

Springfield, Illinois 62794

appearing on behalf of

Respondent.
123456789

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

3

INDEX

PAGE

NARRATIVE TESTIMONY BY MIKE MENNE 12

QUESTIONS OF MR. MENNE:

By Ms. Liu 31

36

By Member Burke 33

37

By Member Zalewski 41

NARRATIVE TESTIMONY BY GARY RYGH 44

QUESTIONS OF MR. RYGH:

By Ms. Liu 50

PUBLIC COMMENTS BY: 56

Senator Gary Forby 56

Representative Brandon Phelps 59

Representative David Reis 63

NARRATIVE TESTIMONY BY MR. KELTER 67

PUBLIC COMMENTS BY:

Tim Drea 76

Mark Bolander 79

Bill Weber 81

James Gignac 84

Judy Weimer 92

Norman Eckstein 94

Bryan Urbaszewski 97

Julie Johnson 102

Billy McDaniel 103

Dan Cox 106

Steve Ptacek 113

Kelly Stratemeyer 114

Faith Bugel 115

Tracy Cox 126

Paul King 131

Terry Grace 132

Alan Bogardus 134

Policicchio 137
123456789

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

4

INDEX(CONT'D.)

PUBLIC COMMENTS BY: PAGE

Bill Miller 141

Jennifer Cassel 142

Rod Bland 148

Roderick Bland 149

Andrew Armstrong 149

Mike Woo 154

Edward Warden 155

Greg Crawford 157

Sandy Carter 158

Keith Dollar 161

Edyta Sitko 162

Prentiss Carter 164

Gabriel Rojkind 165

Robert McFarlen 167

Simon Wiener 168

Dan Barnett 170

Rachel Grannemam 171

Anthony Robertson 172

Melissa Marks 173

Mike Killebrew 174

Priyanth Manjooran 176

Mike Norman 178

Gloria Fallon 179

Lynn Markum 181

Shannon Weigel 182

Brian Sauder 185

Katie Mimnaugh 186

Vicky Clark 189

Stephanie Simowski 191

Bill Sheppard 192

Anthony Jones 201

Jeremy Barnhill 202

John Bower 204

Mayte Guerrero 205

Rick Wolford 206

Rick Myers 207

David Jakubiak 209

Roger Kerley 211

Bruce Parker 212

Seth Johnson 213

Julie Wilke 216

Andy Todd 218

Charles Henderson 219
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

5

INDEX (CONT'D.)

PUBLIC COMMENTS BY: PAGE

Allison Fisher 220

Deborah Goodwin 224

Tab Walker 225

Gary Washburn 231

Ed Worthey 231

Andy Bloemer 232

Christine Nannicelli 233

Chris Hankins 236

Gerod Briggs 236

John Marschewski 236

Travis Blake 238

Roland Chapman 238

Kenny Johnson 239

Twyla Harvey 240

Paul Hardiek 240

Roger Bass 241

Larry Quick 242

Art Meyer 243

Lindell Wenthe 245

J. D. Weaver 246

Brad Beisner 249

Skip Moore 251

Mitch Seibert 252

Joyce Blumenshine 253

Chris Skates 256

Mike Pierson 258

EXHIBITS

Exhibit 1

Exhibit 2

IDENTIFIED

43

111

ADMITTED

44

111
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

6

PROCEEDINGS

HEARING OFFICER WEBB: Good

morning. Can everyone hear okay?

My name is Carol Webb. This

is the variance hearing for Ameren Energy Resources,

Docket No. PCB 12-126. It is August 1st. We are

beginning at 10 a.m.

With me today is Board

Chairman Tom Holbrook and Board members Jennifer

Burke, Tom Johnson, Carrie Zalewski, Deanna Glosser

and Lisa Liu from the Board's technical unit.

Here's how today's hearing

will work. We will hear opening statements from

Ameren and the IEPA, and Ameren's two witnesses will

testify and be questioned by the Board and the IEPA.

The public will be allowed to

ask Ameren questions at a later time as part of

their public comment. If Ameren can readily answer

the question, it will, and if Ameren needs time to

consider the answer, Ameren will address the issue

in its post-hearing brief.

After Ameren's witnesses

testify, I will take comments from elected

officials.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

7

After the elected officials, I

will take an oral statement from Mr. Rob Kelter with

the Environmental Law & Policy Center which I will

refer to as ELPC. I will then allow the Board and

parties to cross-examine that individual.

After that individual, I

understand there may be two or three people here

with some significant health issues that need to

leave. I will give them priority, and then I will

begin calling on people in the order listed on the

sign-up sheet.

Time limits may be set later

this afternoon. It is my hope that everyone will

get to give their full comments.

If time requires me to limit

your comments, you will still be able to submit

written comment to the Board by August 8th. Written

comments should be sent to the clerk of the Board in

our Chicago office.

We will be taking five to ten

minute breaks every hour and a half to two hours as

well as a lunch break.

If you have questions or

comments about this hearing, please address them to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

8

me and not to the board members. Only comments made

on the record will be considered by the board, so

please do not offer comments to board members during

the breaks and please do not approach board members

to ask questions regarding the substance or outcome

of this hearing.

I understand that many

commenters will be arriving after lunch so I will

repeat these announcements later.

At issue in this case is

Ameren's petition for a variance from the sulfur

dioxide emission rate provisions of the

Multi-Pollutant Standard, or MPS, applicable to the

Ameren MPS group.

The decision deadline in this

case is September 20th. The Pollution Control Board

members will make the final decision in this case.

My purpose is to conduct the hearing in a neutral

and orderly manner so that we have a clear record of

the proceedings.

This hearing was noticed

pursuant to the Act and the Board's rules and will

be conducted pursuant to Section 101 Subpart F and

104 Subpart B of the Board's procedural rules.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

9

At this time, I'd ask the

parties to please make their appearances on the

record.

MR. RODRIGUEZ: Gabriel Rodriguez

for Ameren.

HEARING OFFICER WEBB: And if you

have business cards for the court reporter, that

would be helpful.

MR. RODRIGUEZ: I also have with me

today Renee Cipriano for Ameren and Amy Antoniolli

on behalf of Ameren.

HEARING OFFICER WEBB: Thank you.

Would the Agency make their

appearance on the record, please?

MS. ROCCAFORTE: Gina Roccaforte,

Assistant Counsel on behalf of the Illinois

Environmental Protection Agency.

HEARING OFFICER WEBB: Thank you.

Would Ameren like to make an

opening statement?

MR. RODRIGUEZ: Yes.

Good morning, Madame Hearing

Officer and members of the Board. Gabriel Rodriguez

for the petitioner Ameren Energy Resources, or AER.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

10

As I mentioned, I have Renee

Cipriano and Amy Antoniolli here as well on behalf

of AER.

We are here on AER's petition

for variance from both the 2015 and 2017 SO2

emission rate provisions of the Illinois

Multi-Pollutant Standard, or, as it's commonly

referred to, the MPS. AER filed its petition for

variance in supporting papers on May 3, 2012. It

filed responses to two sets of questions from the

Board's staff on July 30, 2012.

It has also met with the

Illinois EPA to discuss the petition as filed and

has modified the relief it seeks as a result of

those discussions. The responses to the Board's

questions that were filed on July 30 incorporate

those modifications.

This matter was set for

hearing by order of the Board.

We have today two witnesses

available to answer questions from the Board or the

Illinois EPA. Michael Menne (M-e-n-n-e) is Vice

President of Environmental Services with Ameren

Services Corp. Gary Rygh (R-y-g-h) is a managing
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

11

director and investment banker with Barclays Bank

covering the power industry.

While both gentlemen have

prepared affidavits that are already part of the

record, we would propose that the witnesses give

brief statements this morning summarizing their

testimony.

After both have completed

their statements, we would then make them available

to answer questions as a panel.

Mr. Menne has some exhibits

he'll be using to help him with his testimony, and

we would ask that those be included in the record

when he concludes his testimony.

HEARING OFFICER WEBB: Thank you.

MR. RODRIGUEZ: Thank you.

HEARING OFFICER WEBB: The Agency

may make an opening statement.

MS. ROCCAFORTE: Good morning.

My name is Gina Roccaforte,

Assistant Counsel on behalf of the Illinois

Environmental Protection Agency.

The Agency neither supports

nor objects to the Board granting the petition
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

12

subject to the terms and conditions contained in the

Agency's recommendation that was filed on July 23rd.

Thank you.

HEARING OFFICER WEBB: Thank you.

Ameren may call its first

witness.

MR. RODRIGUEZ: And we'll call

Michael Menne.

HEARING OFFICER WEBB: Okay.

Would the court reporter

please swear the witness when he takes the stand.

(Whereupon the witness was sworn

by the reporter.)

NARRATIVE TESTIMONY

BY MIKE MENNE:

Good morning, Hearing Officer

Webb, Chairman Holbrook, honorable members of the

Pollution Control Board.

I thank you for the

opportunity to speak with you this morning. My name

is Mike Menne. I'm Vice President of Environmental

Services for Ameren Services Company.

Ameren Services provides
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

13

business and administrative services for Ameren

Corporation and its subsidiaries including Ameren

Energy Resources. In my capacity, I'm responsible

for developing and overseeing the policies and

procedures related to environmental compliance and

environmental stewardship. I've worked for Ameren

Services since its formation in 1998 and worked on

environmental issues since 1976.

In 2006, I worked directly

with Steve Whitworth, an employee of Ameren Services

and representative the Illinois Environmental

Protection Agency on the development of the

Multi-Pollutant Standard that is the subject of the

variance before you today

As Gabe has mentioned this

morning, I'll present testimony outlining the

variance request and then try my best to respond to

any questions you may have.

To put in context where we

find ourselves today, I think I'd be remiss not to

talk about the overall commitment Ameren Energy

Resources has made to reduce emissions from its

coal-fired power plants in Illinois, and just to get

a frame of reference to make sure everybody
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

14

understands where these plants are, we do have a map

here.

These are our coal-fired

plants in Illinois. That includes the Edwards plant

which is in Peoria County. There are three units

there. The Duck Creek plant in Fulton County,

there's one unit there, and that unit has a scrubber

and an SCR on it, fully controlled.

The Meredosia unit is listed

here. That's one of the plants that was closed down

right at the end of last year.

The Coffeen plant has two

coal-fired units, rather large units. They both

have two scrubbers and selective catalytic reduction

equipment on it.

Our Newton power plant in

Jasper County has two large units. The scrubbers

that we are building on those units are the main

subject of the variance that we're going to talk

about today.

Our Hudsonville plant in

nearby Crawford County was one of the two plants

that was closed at the end of last year.

And then down in Massac
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

15

County, we have our Joppa plant, six 180 megawatt

units.

This represents our coal

fleet.

We also have at Grand Tower,

which is a combined cycle gas-fired unit, we also

have a number of gas-fired turbines on our system.

These plants are an integral

part of the communities in which they're located,

and, in fact, several of these plants have cooling

lakes which are used for recreational purposes.

I also think another good way

to show some of the progress we've made with

reducing emissions is to give you a visual on that,

and these charts starting with the top chart shows

our historical SO2 emissions. I'll turn these

towards the audience in just a minute.

As you can see, the SO2

emissions is in the blue line. This starts with

1990 and goes through 2011 although there's a big

jump here. The second data point is 2005, and you

can see how drastically our SO2 emissions across the

AER fleet has come down over this time period, in

fact, 79 percent since 1990, and it's come down 23
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

16

percent just over the last four years.

One of the remarkable things

about that is at the same time our coal consumption

in these units has risen dramatically.

The same thing can be said

for our historical NOx emissions. As you can see

over the course of this period, the NOx emissions

have reduced at a similar level while the coal

consumption has gone up.

Indeed, Ameren Energy

Resources has spent over one billion dollars on

pollution control equipment across the fleet. In

reading some of the public comments that have been

submitted so far, there seems to be an implication

that AER is somehow ignoring both its duties to meet

regulatory requirements and commitment to

environmental stewardship, and that cannot be

further from the truth.

In order to meet the MPS, AER

has already installed scrubbers on three of its

generating units at a cost of over $813 million, and

we've constructed a fourth, as I mentioned at the,

two of them at the Newton facility, and have already

spent over $230 million.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

17

For the scrubbers that have

been installed, we have been voluntarily operating

in a SO2 removal efficiency much greater than is

necessary to meet our MPS compliance requirements.

In addition, selective

catalytic reduction equipment to reduce NOx

emissions has been installed at three of our plants

at a costs of over $177 million. Operating cost

totals over 7 million annually to run this

equipment.

AER also has advanced mercury

emission reduction program under way. We've

installed activated carbon injection on 12 units at

four plants at a capital cost of over $20 million,

and the operating cost to keep injecting this

substance is $17 million per day.

AER continues to test and

evaluate a number of methods to enhance mercury

removal. Most of the AER fleet is already very

close to meeting the federal standard that was

established in the maximum achievable control

technology or the Mercury and Air Toxics rule that

was published finally by the EPA last year.

And then the Newton Unit 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

18

currently meets the MPS mercury requirements, and,

by the way, the mercury requirements for the MPS are

actually more stringent than the federal

requirements under the MATS program, and we already

have one unit that's already meeting those control

requirements.

My point is that we're not

just sitting back we're not being lax about this.

We've been very aggressive on our pollution control

program, and we continue to be a steward for the

environment in the progressive way that we've

attacked both our mercury and NOx and SO2 program,

and I do want to make it clear today that we're only

talking about the SO2 portion of the variance.

The NOx and the mercury

portions of the MPS, we will continue to exceed

those retirements as we are doing today. In fact,

we were doing environmental stewardship when we

began the construction of the new scrubber at our

new energy centers.

Even though AER knew the

forecast looked grim, we committed capital dollars

to begin the cost of the installation of the

scrubbers on this unit in order to be prepared to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

19

meet the stringent 2015 MPS SO2 emission range

And let me just take a moment

to say when Ameren decided to spearhead the

development of the MPS, we did so in the belief that

it was the right thing to do. Instead of fighting a

proposed more stringent Illinois air pollution

regulations, we decided to sit down with the

Illinois EPA and work out an approach that showed

that we were committed to meeting the

administration's desire to reduce emissions of

mercury and at the same time reflecting the

challenges that faced our industry. We did this on

our own with no pressure from outside groups. It

was not a result of any settlement, enforcement case

or any adversary proceeding.

Instead, the MPS was

developed to provide a path forward towards advanced

and deeper SO2 and NOx emission reductions based on

what was known from both a federal regulatory

perspective and a technology development

perspective, and it was premised on the expectation

that the power market would continue to support

costly installation of pollution control equipment

over the schedule of the MPS.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

20

As construction of the Newton

scrubber continued, the economic climate became more

troublesome from a financing perspective. I note

Gary Rygh is with us today, and he'll be talking

about the market condition and the financing issues,

but as described more completely in our petition,

completion of the scrubber on the time schedule

needed to meet the 2015 SO2 emission rate was

increasingly becoming not possible, but instead of

abandoning those plans altogether, AER made a

commitment to continue but only decelerate the

construction scale.

I know the Board has some

questions with regard to the schedule of the

scrubber as it continues between now and 2020. We

answered that question in writing. I'll be happy to

try and answer any follow-up questions you might

have on that this morning.

Without the financial ability

to complete the scrubber, AER was left with very few

options to meet this 2015 and 2017 SO2 emission

rates in the MPS.

As presented more completely

in our petition and the answer to the Board's
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

21

questions, we did evaluate a number of compliance

options including curtailment of plant operations

and lesser expense of pollution control equipment to

be installed at our other plants.

And I'll just make a point

here because a lot of people have made an issue that

we haven't really looked at other options of what we

can do.

We're here today. Our

petition said that what we are going to end up

probably doing if we don't get this variance, it's

very likely that we will have to shut down the Joppa

plant, the Edwards plant, the Newton plant, or one

or two of the above by 2015 because that's when the

new rate kicks in.

And there's been a lot of

suggestions that we haven't looked at other options

and that that's not the only option that we have,

but I can assure you that we have a lot of air

pollution experts in the engineering staff at AER as

well as our corporate headquarters, and we spent a

lot of time looking at every option on what we could

do on each unit in the AER system, and throughout

that process, we looked at whether we could cut back
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

22

operations, whether we could use sorbent injections

which is various chemicals you can inject into the

system to reduce emissions of SO2, mercury, or

compounds.

One of the things that's been

discussed and that has been asked of us, why can't

you just curtail operations at some of the other

plants.

Although curtailing

operations does reduce emission, the financial

impact of such actions is actually more severe than

shuttering the units. When operations are

curtailed, the costs associated with operating the

plant are still incurred. Less power produced is

less power sold.

Couple this with having to

still fund all the fixed operating costs which do

not change and the combination puts AER in a worse

position financially than it would if it had to

close down plants.

As we explained, curtailment

of operations jeopardizes the viability of the

entire system. It puts a greater number of jobs at

risk. It also certainly does not allow AER to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

23

recover financially so that the funding of the

scrubber can be continued.

AER considered, as I

mentioned, other technology for SO2 reduction that

would require lower capital investment including

scrubbers and the sorbent injection. AER's

evaluation of sorbent injection reflects, for

example, removal levels anywhere from 10 to 90

percent of SO2, and that's based on a variety of

plant conditions, coal use, operating factors and

things of that nature. Such variability and removal

efficiencies reduces the effectiveness of these

alternative compliance technologies.

AER's analysis also reflected

the installation of such equipment could impair a

unit's electrostatic precipitator performance,

thereby contributing additional controls such as a

baghouse. Accordingly, the total cost of these

systems ends up exceeding what's necessary to

install a scrubber.

Basically what you're doing,

we're already injecting materials into these units

for control of the mercury, the activated carbon

injection. This increases the particulate load upon
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

24

all of our plants which puts a lot of pressure on

the precipitators to collect more of the

particulates.

Now, if you start injecting

other materials to try and collect SO2 as well or

increase the efficiency of SO2 collection, you're

putting more particulates in that system, it puts

much more pressure on those precipitators which

means we have to build bigger precipitators. We

have to put baghouses on. It's a very expensive

proposition, and it ends up turning out being more

expensive than continuing with our scrubber project.

When crafting its request for

relief, AER was mindful of coming to this Board

without looking at what the company could do to

address any environmental impacts that might result

in whatever they've requested. As a first step, AER

thought it was important to provide the Board with a

mitigation emission rate that would take effect

during the pendency of the relief. This rate would

effectively require AER to do more in terms of SO2

emission reductions earlier than what is required by

the MPS.

As the Board is aware, since
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

we've filed the petition, we have met with the

Illinois EPA and agreed to an even lower rate over

the course of the MPS period. This new mitigation

emission rate of .35 pounds of SO2 per million Btu

will be in effect from calendar year 2013 through

calendar year 2019 if the relief is granted.

It is important to note that

by agreeing to this emission rate, AER will need to

commit additional operating resources to enhance

operation at its other energy centers on the system.

Specifically, the operation

of the scrubbers at our Duck Creek and Coffeen

Energy Centers will have to be fully maximized in

order to maintain compliance on a systemwide basis

with this SO2 emission requirement. The removal

efficiencies for the scrubber system will range

between 98 and 99 percent.

Even at those high efficiency

removal levels...and frankly, we don't normally

continue to operate scrubbers at those high

efficiency removal levels because over the course of

time, plant systems degrade, the pollution control

system degrades, and it's very difficult to maintain

efficiency, removal efficiency levels at that high a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

26

percentage. Even at those levels, compliance

margins remain very low, and AER will need to employ

operational strategies such as low sulfur coal

procurement and generation utilization in order to

comply with the proposed emission rate.

Importantly, AER is also

committing to not operate Hudsonville or Meredosia

Energy Centers during the pendency of the variance

except, of course, for the zero emission FutureGen

project which is to be located at Meredosia, and

FutureGen is, as you know, part of the government

funded program, and that's currently making its way

through the permitting process.

This commitment by AER to not

operate Meredosia and Hudsonville does not exist

today and it's the only way to meet the mitigation

rate proposed. Both energy centers are fully

permitted and under certain conditions or a transfer

of the plants occur, there's no reason why these

plants cannot be operated. Illinois EPA however has

asked for a specific commitment from AER that these

plants would not operate during the pendency of the

variance, and AER is willing to give the Board that

commitment.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

27

AER's commitment to this is

important when looking at the overall SO2 reductions

that are considered when determining if there's a

net benefit to the environment over the period of a

variance.

AER's commitment to keep

these plants shut down during the pendency of the

variance is a real and meaningful commitment with

consequences.

As the Agency noted in its

July 23rd recommendations, offsets for plant

shutdowns and other commitments are fully credible,

allowable and establish regulatory practice under

the New Source Review and PSD permitting programs.

As for the suggestion that

you've seen in some comments that the emission

reductions from these plant shutdowns were

unintended, let me assure you that if the Federal

Cross State Air Pollution Rule program had not gone

final last year with the first year of compliance

being 2012, these two plants would still be

operating today. Thus, any suggestion that these

plants were not shuttered due to air pollution

reduction required to meet environmental mandates
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

28

including MPS is simply not true.

Furthermore, allowing

emission credits for plant shutdowns is a primary

underpinning of the Federal Administration's goal of

reducing all forms of emissions nationally from

coal-fired power plants including greenhouse gas

emissions.

Now, there has been some

comments made that SO2 emissions are higher for five

of the variance years under the variance than

otherwise if we stayed on the program if you don't

grant the variance. Now, I would suggest to you

that that is the point of the variance. If we can

meet the emission rates that are established for

2015 and 2017, we wouldn't be before you today.

The net environmental benefit

from a variance that we're requesting I think is

really twofold. One is we get considerable

reductions in SO2 emissions over the next two and a

half years -- and we will commit to those -- that

you would not get if this variance was not passed.

It's roughly about 25,000 tons a year beginning this

year because we're operating well below where we can

operate according to the current MPS, and we will
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

29

commit to doing that for the next two years, so you

get a lot more SO2 reductions, and you get them

sooner if you grant us the variance.

In addition, over the course

of the entire variance process between now and 2020,

the total tons reduced in the atmosphere is greater

if you grant us the variance than if you do not.

That is what the benefit to the environment ends up

really meaning.

Also, in discussion with

Illinois EPA, AER recognized Illinois EPA's concern

with the length of the variation period, the

variance relief period I should say. After careful

review, AER was to provide Illinois EPA with a

commitment to return to the compliance with a 2017

rate almost one full year earlier than proposed.

AER has shared this information with the Board and

through its response to questions.

In short, AER is willing to

meet the 2017 SO2 rate of .23 lb/MMBtu by

January 15, 2020 instead of December 31, 2020. The

emission charts provided to the Board recognizes the

earlier timeframe as well as the lower mitigation

rate of .35 pounds of SO2 per million Btu as
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

30

requested by the Agency.

Overall, the goal of this MPS

approach was to provide a steady reduction of

emissions over time. We are still moving forward

with that program and in full concert with that goal

even with the proposed relief that we are asking.

The movement clearly results

in net environmental benefits over the next several

years and over the entire course of the program.

This concludes my prepared

testimony. I'd be happy to answer any questions.

HEARING OFFICER WEBB: Did you want

to --

MR. RODRIGUEZ: I think we'll have

the other witness go and then maybe present them

both together.

HEARING OFFICER WEBB: Well, I know

we discussed that ahead of time but since this is an

adjudicatory proceeding instead of regulatory, I

think I would like to ask the board members if they

have any questions of this witness before he steps

down.

Chairman Holbrook, do you have

any questions of this witness?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

31

CHAIRMAN HOLBROOK: No.

HEARING OFFICER WEBB: Member

Burke?

MEMBER BURKE: Alisa and I have a

few.

HEARING OFFICER WEBB: Do you want

to go now?

MEMBER ZALEWSKI: Let them go.

MS. LIU: Good morning, Mr. Menne.

MR. MENNE: Good morning.

QUESTIONS BY

MS. LIU:

Q. My first question, in Ameren's

responses to the Hearing Officer order dated July 6,

2012, question No. 2, it provided a more detailed

compliance plan on page 6. However, there is no

estimated timeframe for the phases of the compliance

plan. AER states, quote, "Engineering design will

continue through 2014."

AER then refers to other

activities that, quote, "will occur throughout this

period as well."

Did AER intend for the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

32

reference to this period to indicate the variance

period or just between now and 2014?

A. As I understand the question, it's

the entire length of the variance period. It's

between now and 2020.

We are committed to spending

roughly $16 million a year on continued activities

at the Newton scrubber between now and 2020.

Q. Can AER be any more specific

regarding the time frames or the cost for the phases

of the compliance plan?

A. Well, the cost, basically what we

have in our budget is roughly about $16 million

annually between now and 2020. Of course, in the

last couple of years, those costs ramp up again to

complete the scrubber project.

The actual activities that

we're going to be doing would be continuing to put

in duct work and much of the engineering that has to

go in. Engineering I believe is only about 65

percent complete on the system. We have to do quite

a bit more than that. There is absorber units that

have to be put in that will take a considerable

amount of time. We're going to be putting them in
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

33

over the course of the period.

One of the things that we are

committed to do is providing the Board annual

updates as to what we spend and the activities, and

as they become better defined as we go on, we will

provide those to the Board on a regular basis.

MS. LIU: Thank you.

QUESTIONS BY

MEMBER BURKE:

Q. In response to our question 3(b) of

the July 6, 2012 Hearing Officer order, Ameren

provided updated tables 2, 3 and 4?

A. Yes.

Q. Actually, I think it's 2 and 3 for

the first set of questions and table 4 on the second

set of questions.

A. Right.

Q. On tables 2 and 3, the first two

values in the column, variance SO2 tons are 85,112,

and I'm wondering whether or not those two values,

whether you meant to have the actual emissions

there.

In your original petition, the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

34

emissions were maybe for those two years 70,560 and

72,539.

A. To be comparable to that first

table, that's correct, it should be those numbers

instead of this. This is what we would be allowed

under the variance. But in the original table that

we submitted, we didn't put the allowed numbers on

that column. We put what we actually were thinking

was more relevant.

So it just depends on what

question we're trying to answer so we do have some

variation in these numbers, but that is the allowed

number as opposed to the actual. So if you want to

compare, it should be those two numbers.

Q. Okay. Because it seems like in

order to follow it through then to the last column

to get the cumulative SO2 variance reduced times,

those might be the numbers that were used?

A. Yes, you're right. The cumulative

is the same on both tables, so you're absolutely

correct. To come up with that number, the tons in

the last column, you would put the actual numbers in

that variance column.

I apologize for that
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

35

confusion.

Q. And then in table 3, we're

wondering whether or not you could double check the

numbers in this table. In particular, I wasn't able

to follow the calculation for the last column,

cumulative SO2 variance reduced tons.

I realize you can't answer

that on the spot but if you would consider that.

A. Well, the cumulative SO2 variance,

the first two numbers are the ones we've been

talking about which is the actual tons reduced, the

difference between the actual tons and the allowable

under the MPS.

From then on, the difference

is between what we are allowed under the MPS as it

currently exists and what we would be allowed to

emit under the variance.

So as you can see, that number

grows through 2014 and then it starts to go down

from there as we talked about before. That's the

reason for the variance. We can't make that a rate,

so the overall tons on an annual basis just for the

MPS, that goes down this year.

Q. Yeah, because I understand the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

36

theory, and I just would ask if you would take a

look at the numbers. That would be great.

A. We will do that.

Q. And then footnote 12 of the answers

to the first set of questions...let me get there.

It says, Note, however, that the calculations for

the mass SO2 emissions under the variance in both

table 1 in the petition and the revised table in

Exhibit XX factor in two times the projected

emissions from the FutureGen project at the

Meredosia Energy Center.

I have two questions.

I'm wondering if you meant to

refer to a table here where there's a placeholder

for the exhibit and which table that would be, and

then I'm just wondering if you could explain in more

detail what you mean by factoring in two times the

reduction emissions from the Future Gen project for

the Meredosia Energy Center, and I'm on page 9 of

the first set of questions.

MR. RODRIGUEZ: I believe that

should be table 2.

MEMBER BURKE: Okay. That helps.

Thanks.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

37

MR. MENNES: Off the top of my

head, I cannot answer that. We'll have to get back

to you.

MEMBER BURKE: Okay. That's fine.

Thank you.

QUESTIONS BY

MS. LIU:

Q. In Ameren's response to the July 6,

2012 hearing, question No. 4 regarding conditions

for the variance, Ameren indicated, "In the event

completion of the FGD system becomes infeasible, AER

agrees to advise the Board and the Agency of

alternative plans for compliance during the

remaining term of the variance."

Is there a last possible date

at which point AER will know if it will not be able

to complete the FGD before the proposed January 15,

2020 compliance date?

A. Well, if I understand what your

question is, as far as knowing when we cannot

complete the scrubber -- are you talking about

ultimately and then for the '20 timeframe?

Q. Yes.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

38

A. No. I can't give you a date

because things are just changing so much every year

that we don't know what position we will be in going

forward.

I mean, our assumption is that

markets will recover. We'll be in shape to

construct that unit at that time, but beyond that,

we really just don't know at this point in time.

QUESTIONS BY

MEMBER BURKE:

Q. In the July 25, 2012 Hearing

Officer order, question 3(b) asked Ameren to comment

on the assertion by the Illinois Attorney General's

Office in Public Comment 249 that the MPS was not

intended to be a 12-year averaging period of

pollution reduction.

Ameren responded in part by

saying, the MPS is structured as a rate based

regulation and not as a framework to achieve a

specific milestone of mass emission reductions.

Could Ameren please comment on

the human health and environmental impact of SO2

emissions in general?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

39

A. Well, although I've studied it for

many years, I'm not a health expert, and I'm not

going to go into health consequences.

The only thing I would say is

that under the proposed variance that we are

requesting, if you look at what we will commit to

for this year, the next two years, you will get a

lot more SO2 tons out of the air than if we do not

get the variance request, and that is because of the

fact that we are over-controlling on our scrubber

units.

We have done that over the

last year. We've done it this year in hopes that we

could obtain the variance request and show that we

are being very committed to reducing as much

emissions as possible, but that does take resources,

and it does take dollars, and so if we do not get

the variance request, we'll be seeking out ways to

save money in alternative ways, so in addition to

possibly closing those plants in 2015, prior to that

time to save money, we could back off the operation

of our scrubbed units.

The other point to consider,

all of this really got started when the CSAPR rule
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

40

was stayed by a federal court. That's what ended up

or resulted in shutting down two of our coal-fired

units is when we thought we were going to have to

comply with that, and then at the 11th hour on

December 30th, the court stayed it. By that time,

it was a little late. Everybody was gone and things

were closed down.

But if you believe that CSAPR

is going to come back, which most people do, that it

will come back into effect in '14 or '15, it's going

to require us to come up with ways to reduce SO2

emissions even further.

So if you put that in context

with what we have presented here, you get much

greater SO2 reductions over the course of the first

three years.

If you then add the CSAPR

requirement on top of what we'll have to do to meet

our variance request from the years between 2015 to

2020, even on an annual basis, you're probably going

to get more tons resulting than you would just out

of the MPS continuing on today.

So if there's any kind of

impact, whether it be health or the environment,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

41

whatever conditions you want to say, you're going to

have less impact both on an annual basis for certain

in the next three years and over the course of the

program if we're granted the variance.

I don't know if that fully

answers your question.

MS. LIU: Thank you.

HEARING OFFICER WEBB: Do any of

the other board members have questions for this

witness?

MEMBER ZALEWSKI: I have one.

QUESTIONS BY

MEMBER ZALEWSKI:

Q. If CSAPR does go in effect, does

Ameren have a compliance plan?

A. Very good question.

Q. Thank you.

A. Obviously, since we have been

struggling to figure out how we would come up with a

best way to present to you as an alternative to the

MPS, we've also been looking at what else we could

possibly do when CSAPR gets reinstated.

One of the things that we
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

42

would have going for us is that we would already be

committed to operating at the .35 level, so we're

well on our way to meeting our requirements.

I would say on the NOx side,

we would not have any difficulty here. We will be

able to meet that.

On the SO2 side, we will still

have to be able to take some additional measures,

and we're looking at possibly reducing, bringing in

more low sulfur coal or lower sulfur coal. If we

have to do some sort of additional sorbent

injection, it wouldn't be enough to get us to these

MPS rates but we might have to enhance it some.

The other thing about CSAPR

that is different from the MPS is that it's a

tonnage base, and so rather than meeting a strict

rate, we would have the ability to possibly purchase

allowances particularly in state. CSAPR restricts

the amount of allowances you can buy on a full

market, but it does allow us to buy SO2 allowances

that might be available in state as another option.

But one of the reasons I don't

have a clearly defined answer for you is because we

don't know what CSAPR is going to end up being. If
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

43

a court remands it, it could cause them to go back

and look at all the state budgets again. We're not

sure how that would come out, but we are

anticipating that we are going to have to take some

additional measures.

MEMBER ZALEWSKI: Thank you.

HEARING OFFICER WEBB: Ms.

Roccaforte, do you have any questions?

MS. ROCCAFORTE: I do not.

HEARING OFFICER WEBB: Thank you

very much.

MR. MENNE: Thank you.

HEARING OFFICER WEBB: Ameren may

call its next witness.

MR. RODRIGUEZ: We do have his

prepared remarks and his exhibits that we'd like to

move into evidence if we could.

HEARING OFFICER WEBB: Okay.

I assume you don't have any

objection?

MS. ROCCAFORTE: No, I do not.

MR. RODRIGUEZ: I'm going to mark

it Exhibit 1.

HEARING OFFICER WEBB: Please.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

44

(Whereupon Exhibit 1 was marked

for identification.)

HEARING OFFICER WEBB: Exhibit 1 is

admitted into evidence.

(Whereupon Exhibit 1 was admitted

into evidence at this time.)

MR. RODRIGUEZ: Our next witness is

Gary Rygh.

HEARING OFFICER WEBB: Will the

court reporter please swear in the witness?

(Whereupon the witness was sworn

by the reporter.)

NARRATIVE TESTIMONY

BY GARY RYGH:

Good morning, Hearing Officer

Webb, Chairman Holbrook, the honorable members of

the Pollution Control Board. My name is Gary Rygh.

I'm employed by Barclays Capital, the investment

banking division. I'm currently a managing director

in the Global Power and Utility Group. Our group is

responsible for the corporate finance analysis of

the strategic and capital markets transactions

related to the utility and power sectors.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

45

I have been in the utility

power and energy investment banking business for

approximately 17 years. I've worked extensively on

the strategic merger and acquisition assignments,

debt and equity capital markets transactions, and

other corporate finance related assignments in the

electric, water and gas utility sectors. I have a

Bachelor's degree in commerce with a concentration

in finance from the University of Virginia.

I am here today to answer

questions about how the investment community and

shareholders view the challenges facing unregulated

merchant generation companies in Illinois utility

and specifically the subsidiaries of Ameren

Corporation.

First let me briefly review

the challenges facing the industry. Then I will

address the Board's questions about why borrowing

from a third party or Ameren Corporation are not

viable financing alternatives for AEG.

My affidavit is attached to

AER's petition for variance as Exhibit 5. As I

explain in detail in that affidavit, a number of

factors have worked in concert to severely degrade
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

46

the financial health of AEG. Illinois' stringent

state environmental mandates for air emission

reductions provide very little flexibility given the

short timeframe for compliance. At the same time,

natural gas and energy crisis prices have dropped to

very low levels.

Moreover, AER is a merchant

power generator which means it has significant

exposure to market prices, swings in load demand,

and commodity price volatility. Given this market

exposure to continued weak natural gas and power

prices, AER now faces shrinking margins and, at the

same time, increasing state requirements to invest a

significant amount of capital in the remaining

pollution control equipment.

AEG is AER's only rated

subsidiary, and as a result of these conditions, its

financial health and access to capital have been

severely degraded.

These challenges have

severely limited the subsidiary's ability to access

capital from either a third party or its parent

company. As you know, access to capital is

necessary for the continued investment in state and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

47

federally mandated environmental control equipment,

and AER no longer has access to the capital

necessary to complete the Newton FGD project on

time.

As it now stands, AEG's

credit quality is poor. Credit rating agencies

assume that the financial health and value of AEG

has been so greatly weakened that Ameren Corporation

has little or no incentive to invest additional

capital into AER. As a result, the credit ratings

of the unregulated, regulated and parent entities

are allowed to diverge significantly.

If that were to change and

Ameren Corporation decided to invest in unregulated

merchant generation subsidiaries, the severe

negative investor reaction would adversely impact

Ameren Corporation's own credit quality and access

to capital.

There has been some

discussion in the public comments payments and

questions from the Board about whether a Put Option

Agreement mentioned by an Ameren representative in a

Q & A session during a February earnings call could

be exercised to provide financing for the Newton FGD
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

48

project. The Put Option Agreement is essentially an

agreement between two unregulated subsidiaries for

the sale of assets.

AEG is facing the reality

that its credit facilities will soon expire and it

will no longer be able to access the necessary

financing on its own. If and when that happens, the

Put Option Agreement provides some backstop for

liquidity.

While the Put Option may

temporarily stabilize the subsidiary's liquidity

profile, it does not provide capital financing for

AEG or for the Newton scrubber project.

As to the assertion and

comments that granting AER's relief would be

propping up a failed business model, the statement

is the furthest from the truth. Coal-fired

electricity generation remains an integral and

necessary part of the nation's energy portfolio.

Some factors that contributed

to current market conditions are a permanent part of

the long-term plan such as stringent environmental

regulations and Illinois' deregulated power market.

However, others will definitely change during the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

49

term of this variance.

For example, once CSAPR or

equivalent federal legislation becomes law, AER's

peers in other states will finally be on more equal

footing with those in Illinois that are currently

subject to the stringent emission reduction

requirements of the MPS.

As a result, we will likely

see market prices for electricity rise. The impacts

of these changes will not be felt overnight. This

means AER needs time to realize the effects of

returning to a more sustainable market economy

before it will once again have access to the capital

necessary to complete the Newton FGD project.

From an investor's

perspective, it appears no one wants to complete the

Newton FGD system project more than AEG itself. AEG

has already started construction on the Newton

project at a cost of over $237 million. This

demonstrates AEG's commitment to meeting the MPS

requirements and reducing emissions from its energy

centers.

That concludes my prepared

testimony but I'm available to answer any questions
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

50

you have.

Thank you for the opportunity

to testify on behalf of AER today.

HEARING OFFICER WEBB: Thank you.

Chairman Holbrook, do you have

any questions for this witness?

CHAIRMAN HOLBROOK: No.

HEARING OFFICER WEBB: Ms. Burke?

MEMBER BURKE: No.

QUESTIONS BY

MS. LIU:

Q. Good morning, Mr. Rygh. You

referred to the Put Option?

A. Sure.

Q. Could you spell that?

A. I'm trying not to make this overly

complicated.

Q. How do you spell it first?

A. Put (P-u-t) Option.

When you think about how the

merchant generation currently finances itself as

long-term debt, which is done before, currently

outstanding, trading far below par which is
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

51

obviously an indication of investors' views on when

and if they'll get paid back for that, the other

piece which is important because, you know, the

long-term financing is done for things like capital

projects and investing in the business, but as a

merchant generation company, fuel, collateral, all

sorts of things, you need liquidity, and right now,

the generation company, GENCO in particular, has a

$500 million revolving credit facility that it

shares with the parent, Ameren Corporation. That

revolving credit facility expires in the middle of

2013.

The Put Option effectively is

a replacement for some form of liquidity when that

current facility expires because the ability to

actually renew that facility, well, it doesn't exist

at this point.

So the Put Option is

basically, think about it as a, it's just an

emergency rainy day fund such that at least as they

transition and the current revolving bank commitment

goes away, there's some semblance of liquidity

there. You can't wait till the last minute when you

have no liquidity to try to find liquidity, so
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

52

that's why I think it was done in advance.

But the Put Option essentially

does not replicate, you know, it doesn't provide

anywhere near the same security as what they

currently have which was, by the way, done two and a

half years ago, so a different time and obviously

the fact that they can't renew it when it expires.

So the Put Option is an

agreement between one subsidiary, Ameren Energy

Generating, and another one which is Ameren Energy

Resources Generating to effectively sell three power

plants from one subsidiary, one unregulated

subsidiary that has all the long-term debt, thereby,

put mortgages on all the assets, to one that has no

long-term debt effectively, so it's sort of

lien-free at this point.

And really what it is is it's

taking three plants which, under some exception, are

underneath the current collateral agreements with

AEG and selling them to another subsidiary which

effectively then would lend Ameren some amount of

emergency capital with holding those plants as

collateral.

I mean, in reality, it's kind
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

53

of like pawning those plants. They transfer them

over to another facility which has no other liens.

They get lent some capital up front. If they don't

pay it back within a certain amount of time, the

subsidiary, AERG, is then allowed to sell those

plants and keep the proceeds.

So it's, you know, a very

complicated way of saying you're pawning the plants

from one subsidiary to the next; a lender of last

resorts effectively.

Q. You referred to the facility as

expiring facility.

Were you referring to like the

revolving line of credit?

A. Yeah, the revolving line is the

line of credit they currently have.

MS. LIU: Thank you for that

explanation.

HEARING OFFICER WEBB: Thank you

very much.

Does Ameren have anything else

they'd like to present here today?

I understand we have -- oh,

wait. I will ask the Agency...it's my understanding
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

54

the Agency is not calling any witnesses today, is

that correct?

MS. ROCCAFORTE: Correct.

HEARING OFFICER WEBB: Because

you're not calling any witnesses here today, we will

have the Board ask questions to the record which you

may address in your post-hearing brief.

Does anybody have questions

for the Agency?

MS. LIU: Good morning,

Ms. Roccaforte.

MS. ROCCAFORTE: Good morning.

MS. LIU: As one of the proposed

variance conditions on page 11 of AER's response to

the July 6, 2012 Hearing Officer order, AER

indicated it would be willing to provide progress

reports on construction activities related to the

Newton scrubber by the end of each calendar year

during the term of the variance to both the Board

and the Agency.

Would Illinois EPA please

indicate which address and which contact person such

reports should be submitted?

MS. ROCCAFORTE: Yes. I will have
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

55

to look into that but we will respond.

MEMBER BURKE: Question 3(b) in the

July 25, 2012 Hearing Officer order asked Ameren to

comment on the assertion by the Illinois Attorney

General's Office that the MPS was not intended to be

a 12-year averaging period of pollution reduction.

Does the Agency have anything

to add to Ameren's response and testimony on this

issue?

MS. ROCCAFORTE: The Agency will

respond accordingly.

HEARING OFFICER WEBB: Okay. It

appears the Board does not have any more questions

for the Agency.

Do you want to pose any

questions for the Agency to answer in their

post-hearing brief? They did not call a witness to

testify so there's no need to question.

MS. CIPRIANO: Give us a moment.

(Pause)

MS. CIPRIANO: Madame Hearing

Officer, I think the only question that perhaps the

Agency may wish to comment on was the questions

relating to BART. I can refer specifically to one
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

56

of the questions I think regarding heat rate, so

there was a question that seemed more appropriate...

MS. ROCCAFORTE: Heat input?

MS. CIPRIANO: Yeah, the heat

input.

MS. ROCCAFORTE: Okay.

MS. CIPRIANO: It's 2(c) in the

second set of questions presented by the Hearing

Officer.

MS. ROCCAFORTE: The July 25th?

MS. CIPRIANO: Yes.

HEARING OFFICER WEBB: Can you hear

in the back?

AUDIENCE: No.

HEARING OFFICER WEBB: I'm going to

turn up the volume on the microphones. Everybody is

just going to have to bring the microphone closer to

their mouths.

Okay. I think we're ready to

beginning taking some comments.

I'd first like to call Senator

Gary Forby.

And you are just making a

public comment here today, is that correct, Senator?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

57

SENATOR FORBY: That's right.

I just want to thank the

Illinois Pollution Board today for what they're

doing having the people here listening to our issues

in southern Illinois.

We're here today about Joppa

Power Plant. You know, it's a plant that we

understand that needs some work done on it. I think

the business people that run the plant realize that.

They're here today to let you know that they are

planning on updating. They do need the updating.

I think the main thing what

we're here today is to just listen to the comments

about southern Illinois and the power plants for the

State of Illinois. You know, it's all about jobs,

and that's the main thing the State of Illinois

needs is jobs.

You know, we worked hard in

southern Illinois to try to find jobs but it seemed

like here lately the issues have been something that

it's just not working in our favor. You know, we've

had facilities close. We've had prisons close. Now

today we've got 160 some odd people that work in

this power plant down here, so what we need to do is
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

58

to keep the jobs and not get rid of them.

And the main thing here today

we're asking is, you know, just give them some time.

They're planning on doing this, they need to do it,

and we need the jobs, and anyplace you live in the

State of Illinois no matter if it's in Joppa or in

Chicago, jobs is the number one issue, so we need to

think seriously what are we doing here today.

Everybody wants clean air.

There's no doubt about that. We all appreciate

that. We don't want to do anything wrong. We want

to make it right, but we're in a bind right now.

The State of Illinois is in a bind, and I hope the

Pollution Board sees that and helps Joppa and the

people in southern Illinois to keep their jobs.

If it keeps on going like it's

been going and we don't sit down and think what

we're doing, we won't have a southern Illinois.

It's going to be gone. There won't be no jobs.

What are we going to do.

We're still part of the State

of Illinois. We want to be part of the State of

Illinois, so that's why we're here today and asking

that, and we just want to make sure we have it done
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

59

and keep our economic development going, and as long

as we can keep jobs, we don't ask for much in

southern Illinois. Just give us our fair share, and

today, that's what we're asking here today. Just

give us our fair share. Let us straighten this out.

Let us work with the State of Illinois. Let's put

people back to work and let's get our state where it

needs to be.

Thank you.

HEARING OFFICER WEBB: Thank you,

Senator.

May I call Representative

Brandon Phelps?

REPRESENTATIVE PHELPS: Good

morning, members of the Illinois Pollution Control

Board, Chairman.

Thank you for this opportunity

to speak in support of AER's petition for a variance

from the Illinois Multi-Pollutant Standard known as

MPS as you all know.

I am Brandon Phelps, state

representative for the 118th district; also newly

appointed by the speaker, chairman of the House

Public Utilities Committee. My district includes
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

60

Massac County, home to AER's Joppa Energy Center.

As a southern Illinois

legislator, I cannot stress enough the seriousness

of AER's request and potential adverse impacts that

closing this facility could have on my district,

especially in Massac County.

I support job growth as we all

do and in my position as a legislator do everything

I can to secure a stronger economic future for my

constituents.

It is no secret that all

sectors from government to private are facing a huge

financial crisis these days, especially in Illinois.

I know that AER has shared

with the Board the economic impacts that Edwards and

Joppa have on the local and state economy but I want

to underscore the vital role that Joppa Energy

Center plays in our local community.

Joppa supports 164 well paying

jobs-for southern Illinois. You put that in

perspective in Chicago, that's like 10,000 some odd

jobs in southern Illinois.

I truly admire the steps

Illinois has taken to place stringent limits on
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

61

emissions from power plants. However, as much as I

support Illinois' effort to be a leader in

environmental regulation and pollution control, I

know that these decisions cannot be made in

isolation without also factoring in the economic

impact to the state.

At the time Illinois adopted

the MPS, there was an understanding that similar

federal regulations would follow suit. As of today,

those regulations are still not in place, and there

is still uncertainty about whose regulations will be

or when they will become effective.

I understand that AER is

asking to defer the costs of complying with one

provision of the MPS, a provision that requires

stringent sulfur dioxide emission limits. Note I

said defer. AER is not trying to avoid installing

the pollution control equipment necessary to meet

the requirements, only defer installation until

financial conditions improve and federal regulations

are in place.

As I also understand it, AER

remains committed to its obligation to reduce its

impact to the environment and has agreed to meet a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

62

lower sulfur dioxide emission limit.

I support AER's request for

variance, and I ask the Board to consider the

devastating impact economically that it will have on

our area.

Denying AER's request could

put 164 southern Illinoisans on the unemployment

line, and if you know what's going on right now in

southern Illinois, we're all under attack, and I

always say, especially in southern Illinois, if we

lose one job, that's one too many.

Given AER's commitment to

reduce emissions, I believe AER's request is a

responsible and sustainable path to take in the

economically trying times.

I ask the Board to please

recognize my support for AER's request and thank you

so much for allowing me to be here.

HEARING OFFICER WEBB: Thank you

Representative Phelps, and if you have a copy of

your statement, our court reporter would sure

appreciate it.

REPRESENTATIVE PHELPS: I will.

HEARING OFFICER WEBB: Okay.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

63

Representative David Reis,

please?

REPRESENTATIVE REIS: Thank you

very much, and to the Board and Chairman Holbrook,

it's a pleasure to be here.

My name is State

Representative David Reis, and I have the honor of

serving the 108th district in southeastern Illinois

where the Jasper County Newton Plant is located.

I'm here to testify today in

support of the petition from Ameren asking for a

variance with the Board granting them extra time to

fully construct and implement the updated scrubber

equipment at their power plant.

The Newton facility as you

know has already invested millions of dollars

towards their necessary improvements to become

compliant, and they are not, and I repeat, are not

asking the Board to relieve them of meeting these

obligations. They're just asking for additional

time and resources in order so that they can

complete the project.

First, I cannot underscore the

serious economic impact of shutting down the largest
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

64

private employer in Jasper County. It would be

devastating. Jasper County is one of the few

counties that have less than 10,000 people in it.

Our economic development

people and area elected officials are constantly

working to recruit and attract new businesses to the

county but it's been tough, and needless to say,

losing these 155 high paying jobs would crush Jasper

County's economy and their school system, and I have

a couple other people here from the county that will

put more information on that.

To put this in perspective for

the people who filed these objections that live in

Chicago, 155 jobs in a county of less than 10,000

people is the same as losing 41,800 jobs in Chicago

with a population of 2.7 million, and we all saw

what happened last fall when CME, Sears was thinking

about leaving the state. Just think if 42,000 jobs

were at risk in Chicago. I can assure you there

would have been congressional hearings and special

sessions and press conferences every day if that

were to happen.

Secondly and on a much broader

standpoint, United States represents four percent of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

65

the world population, and we're here to discuss an

extension of three plants. I would submit that's a

thimble of water in the pond.

You know, the ever growing and

unmitigated emissions by developing countries will

overwhelm even the most aggressive reductions here

in the United States. In fact, over 70 percent of

China's electrical power comes from coal-fired

plants, and this demand is surely to grow

exponentially over the next few decades.

So do we really think that

denying an extension of a few years for compliance

on three plants here in the United States is really

going to have an impact on our worldwide pollution?

As Senator Forby said, we all

believe in clean air, protecting our natural

resources, but even the USEPA admits that unilateral

American reductions and greenhouse gasses will have

a negligible impact on atmospheric conditions

worldwide, and their conclusion was based on the

entire country meeting stricter pollution standards

not just three plants.

So when you put this all in

perspective, with the potential loss of the county's
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

66

largest private employer in Jasper County in Newton,

minimal atmospheric benefits and with the current

electric demand and prices well below normal, it

doesn't seem unreasonable to ask for a little

additional time to fully implement these new

standards.

The people at Jasper County

that I represent, you know, they don't have big

organizations representing them, no lobbyists, no

lawyers, no database of activists to send in

comments, but for common sense folks, we have a deep

concern for our community and our schools and our

jobs, and I would be willing to bet in fact that not

one person from Jasper County put their name on this

denial request. I bet not one of them sent in a

comment saying we want you to reject it.

So with that being said, I

respectively ask the Board to give through

consideration to this variance request and give

careful thought to the devastating impact that this

would have on a small county in southeastern

Illinois.

Thank you for your time.

HEARING OFFICER WEBB: Thank you,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

67

Representative Rice.

Okay. I would like to call --

we do have some people here from the Environmental

Law & Policy Center, which I may refer to as ELPC.

They have a person here who who'd like to make an

oral statement under oath and be cross-examined by

the parties.

I would like to call Mr. Rob

Kelter, and the court reporter will swear you in.

(Whereupon the witness was sworn

by the reporter.)

NARRATIVE TESTIMONY

BY MR. KELTER:

Good morning. My name is

Robert Kelter, and I'm senior attorney for the

Environmental Law & Policy Center.

I've been at ELPC for five

years and prior to that was director of litigation

at the Citizens Utility Board.

While working at CUB, I was

part of a small group of people who negotiated and

drafted the Electric Service Customer Choice and

Rate Relief Law of 1997. I'm testifying today to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

68

give background on the law as it relates to Ameren's

current position and its petition for variance.

As indicated by the title of

the law, the 1997 law gave customers significant

rate relief after they spent many years paying for

expensive nuclear plants built by ComEd and Illinois

Power.

In return for the rate

relief, the utilities wanted flexibility to sell

their power plants to independent third parties or

simply spin them off to unregulated affiliates.

The rate relief was

significant: 20 percent for ComEd and Illinois

Power customers and less relief for Central Illinois

Public Service and Central Illinois Light Company

customers who already had low rates. Thus, the

flexibility to merge companies and sell off power

plants had great value to the utilities

Review of Ameren's variance

petition indicates that a criminal element of the

petition relates to the 1997 law. Ameren asserts

that because the regulated utility does not own the

power plants, Ameren cannot recover its investment

from its customers. For example, at page 16, Ameren
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

69

states that "emission reduction mandates in an

unregulated state like Illinois places power

generators in an unintended position of financial

inequity since merchant generators have to absorb

internally the cost of compliance with those

state-specific rules." This argument needs to be

examined in proper context.

Under the traditional

regulatory framework, utilities built power plants

and recovered the cost of the plants and earned a

return on the investment. If the plants needed

updating or repairs, customers paid those costs.

However, the traditional structure also meant that

customers received all the benefits from those

plants. For example, if a power plant had extra

capacity that was not needed to serve the utility

customers, then the proceeds of the sale of that

power flowed back to the regulated customers, not

utility shareholders.

Section 16-111(g) of the new

law allowed but certainly did not require Ameren to

change its structure and spin off plants to its

unregulated affiliates, and the law specifically

states, "During the mandatory transition period, an
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

70

electric utility may, without obtaining any approval

of the Commission, sell, assign, lease or otherwise

transfer assets to an affiliated or an unaffiliated

entity."

The operative word here is

"may." In fact, Ameren carefully weighed its

options and decided to take a calculated risk that

shareholders would benefit more from moving the

plants to an unregulated affiliate than it would

from keeping the plants with the regulated utility.

Otherwise, the move never would have been made

At the time of the

restructuring, Central Illinois Public Service

Company, Central Illinois Light Company and Illinois

Power, the companies that are part of Ameren today,

all owned coal-fired power plants. Several of those

plants have been grandfathered under the Clean Air

Act, and they produce very cheap electricity that

translated to low rates for their captive customers.

At the time that the Ameren

companies transferred the plants to their

affiliates, they knew that it was a matter of time

before Congress or the states passed tougher air

quality standards that would apply to those plants.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

71

By transferring those plants

to unregulated affiliates, Ameren was able to reap

benefits from the plants that it would never have

earned under the traditional regulation and

customers were subject to market prices when the

freeze ended.

For many years, Ameren's

decision paid off for the company. As the rate

freeze was coming to an end in 2006, the Citizens

Utility Board did a study attached to my testimony

that lays out just how well Ameren performed.

Despite paying premiums on the purchase of Illinois

Power and CILCO as well as to other investors such

as AES and Dynegy, Ameren's stock significantly

outperformed the S&P 500 and other utility stocks.

Today, the risk that clean

air laws would affect the plants has become a

reality. While Ameren's arguments that other

utilities in the region are not burdened by state

law or that ratepayers have to pay these costs in

other states are accurate, these risks were

foreseeable when the company transferred the plants.

Review of Ameren's petition

indicates that the company wants the Board to take a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

72

snapshot in time approach that does not reflect the

intent of the restructuring legislation. The point

was to allow utilities to earn unlimited returns in

exchange for removing the risks from ratepayers.

The company argues in its

petition at page 10, "In addition, as previously

noted, Illinois' deregulated energy markets remain

surrounded by states that allow generators rate

recovery of capital projects including those

relating to environmental mandates from a captive

customer base putting deregulated generation at a

competitive disadvantage."

Two sentences later Ameren

states, "Illinois merchant generators are entirely

dependent on the market price of power for their

revenue stream."

These statements are true,

and they reflect the realities of a competitive

market. Market prices go up and they go down.

Nowhere in the petition does Ameren give any kind of

a balanced view of the profits and losses that the

plants have generated over the last decade.

Ameren's companies chose to

transfer their plants to the unregulated side of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

73

their business, and for many years, Ameren

shareholders benefited when market prices were high

in a way that other regulated utility shareholders

did not.

Simply put, Ameren wanted the

benefits of the power plants being under the control

of Ameren Energy Resources when market prices were

high, environmental controls were minimal, and they

were generating big profits. The conditions

outlined in Ameren's petition create challenges and

certainly reflect a difficult situation but they do

not give a complete picture

Ameren benefited from the

market when environmental regulation was more

relaxed. It now requests relief from environmental

regulations that were within the realm of reasonable

expectation. Traditional regulations shielded

Ameren from this type of risk, and the company chose

to give up that protection.

That concludes my remarks

today

HEARING OFFICER WEBB: Thank you.

I'll first ask the Board if

they have any questions and then I'll ask the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

74

parties if they have any questions.

Okay. Thank you very much.

MS. BUGEL: I do have hard copies

if anyone wants them.

HEARING OFFICER WEBB: Do you have

documents that refer to your testimony?

MR. KELTER: Yes. It's a written

copy of my remarks and the exhibit that I referred

to.

MR. RODRIGUEZ: Just for clarity,

the exhibit, has this already been submitted?

HEARING OFFICER WEBB: No, I don't

think so.

MR. KELTER: It's referred to in my

remarks.

HEARING OFFICER WEBB: This is what

you read from, correct?

MR. KELTER: Yes.

HEARING OFFICER WEBB: Okay.

MS. CIPRIANO: What's on the disk?

THE KELTER: The study that I

referred to.

MR. RODRIGUEZ: You don't have a

paper copy of this, do you?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

75

MR. KELTER: Actually, I think I do

have one paper copy that I can give you.

MR. RODRIGUEZ: Okay. That would

be great.

HEARING OFFICER WEBB: I'll accept

this as part of his public comment.

MR. RODRIGUEZ: Okay. Very good.

HEARING OFFICER WEBB: Excuse me,

as parts of his oral statement. Sorry. Yes, his

oral statement.

Do you want me to record any

objections for the record?

MR. RODRIGUEZ: Well, I think I

will withhold. He said he had a paper copy.

MS. CIPRIANO: We just would like

to see what it is. That's all.

HEARING OFFICER WEBB: If you'd

like, we can reserve action on this, and you can

look at it during a break.

MR. RODRIGUEZ: Yeah, that would be

great.

HEARING OFFICER WEBB: Okay. Let's

do that. Let's just move on to a couple more

comments here before we take our first break.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

76

Let's go on. I'd like to call

Tim Drea.

MR. DREA: Good morning,

Mr. Chairman, members of the Illinois Pollution

Control Board.

My name is Tim Drea (D-r-e-a),

secretary-treasurer of the Illinois AFL-CIO.

I'd like to start out by

welcoming and thanking all these union members in

the vests that came up today to save their jobs.

22 years ago I was working in

a coal mine down in Pawnee, very, very happy,

raising a family, and Clean Air, because

Commonwealth Edison didn't put scrubbers on a plant,

put me out of work, so I know exactly what's going

on here and what these people are thinking, and it's

very, very hard to go home and look at your family

and say I might be out of work because of a decision

of a governmental board, the people that protect us.

So I am here to follow up on

our written comments that we submitted to the board

for AER's petition for the variance on the

Multi-Pollutant Standard of the Illinois Pollution

Control Board to grant Ameren's request.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

77

In my capacity at AFL-CIO, I

am committed to organizing campaigns and funding for

workers rights. As you know, AER is a key employer

of unionized workers in the State of Illinois and

the economic benefits they provide the State of

Illinois local communities is critical during this

current economic down time.

Last Friday, I received a

layoff notice for workers getting laid off down at

Honeywell in Joppa, 230 jobs being lost in Joppa

from Honeywell Industries, so that's why it makes

this more important that we save these jobs at Joppa

and in Massac County.

This is an example of how

critical it is to keep hard working families and

local economies afloat during these tough times.

But local economies and individual families are not

alone in their struggle. Corporations, who we don't

usually advocate for, like AER are also feeling the

effects of operating in today's economic

environment. The stakes are especially high for a

company such as AER due to the immense capital

expenditures necessary to comply with state

environmental laws.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

78

We have reviewed AER's request

and believe it is both economically responsible and

at the same time protective of the environment. We

can have good jobs in a clean environment. It's

essential that the Illinois Pollution Control Board

remember that the AER family of companies has

provided good jobs and stable employment to

thousands of Illinois citizens for well over a

century. These companies pay taxes critical

supporting the schools, emergency response systems

and city governments in dozens of communities across

the state. We've heard from local legislators

exactly their contributions to our communities.

We understand how essential it

is to meet the pollution control standards. We

understand that the variance process exists to

address the situation AER now faces, a truly

unexpected and unreasonable hardship.

Illinois has lost enough jobs

in recent years. We are here today to stop that and

urge the Pollution Control Board to grant this

variance to keep good paying jobs in our community.

That's all I have.

HEARING OFFICER WEBB: Thank you.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

79

I'm going to call the mayor of

Newton, Illinois, Mark Bolander.

MAYOR BOLANDER: Thank you for

allowing me to be here today.

As mayor of the City of

Newton, I'm asking the Illinois Pollution Control

Board to grant the extension to ensure reduced

emissions and higher environmental standards while

protecting the economic livelihoods of Illinois

families.

Now, I've got quite a few

statistics but I'll be brief and just point out a

few.

Annual economic impact of

AER's Newton Energy Center operations on the State

of Illinois, direct spending, 71.5 million; total

economic activity, over 213 million; direct jobs at

the Newton Center, 158; total direct and indirect

jobs, 978.

The 71.5 direct spending by

AER there at the Newton Center triggered an

additional 141.6 million in value added activity in

Illinois of which 40.5 million was household

earnings that supported 820 jobs.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

80

And then of the 213 million

that I pointed out, Newton Energy Center's

operations triggered nearly 56.9 million in

household earnings for workers in Illinois including

16.4 million in direct compensation for employees

and 40.5 million in added earnings from the

multiplier effects.

That was for the State of

Illinois. Now for our labor market area, direct

spending, 67.5 million; total economic activity,

154.3 million, direct jobs, 120, total direct and

indirect jobs for the Newton Energy Center in our

labor market area, 553.

The 67.6 million that I

referred to in direct spending by AER triggered an

additional 86.7 million in value added activity in

the market area of which 22.7 million was household

earnings, and that supported 433 jobs. The

multipliers varied for different types of major

expenditures shown.

Of the 154.3 million that I

referred to, of that amount, Newton Energy Center's

operations triggered nearly 35.1 million in

household earnings for workers in the market area
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

81

including 12.4 million in direct compensation for

employees and 22.7 million in added earnings from

the multiplier effects. So big numbers; huge

impact.

Just like AER's commitment to

lowering emissions, I've made a commitment to the

City of Newton to ensure the availability of public

services and always serve the well-being of this

community.

In doing so, I must ask the

Board to please support AER's petition for temporary

relief. The welfare of our town depends on it.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Jasper County

Board Member Bill Weber.

MR. WEBER: Thank you very much for

the opportunity to speak. On May 15th we received a

letter, the board did, the county board, indicating

that the energy plant was asking for a variance, and

on the 24th of May, we submitted a letter from

Mr. Brad Mitchell who I'm speaking for saying that

we urge that this take place and that it happen and

that it be done. We wanted it done. We haven't
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

82

changed our mind since May 24th.

I wanted to add a couple

things to that letter that may be of interest.

This last year, the Ameren

plant wrote a check for $7 million and deposited it

in the treasurer's office in Jasper County. This

went to support the schools, the county board, the

library board, the fire department district, the

junior college district, the extension service and

various other things that were involved. This

represents a little over 51 percent of the total tax

revenue for the county.

When we got the word that the

Ameren plant could go dark, we were devastated, and

we could see one thing in the future and that was

bankruptcy for our county, not based just upon

Ameren but upon the status of the whole economic

concerns of the United States, of our state and of

our county.

Ameren has been a basic part

of the economic development of Jasper County. The

150 to 170 jobs that are there are the best paying

jobs in the county and we don't want to lose those

for the same reason that the mayor mentioned.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

83

We're not just concerned about

the Ameren plant in Newton. We're also concerned

about the one in Joppa. We're concerned about the

rest of them because we can see what's happening to

the south end of the State of Illinois in terms of

ability to budget and to carry out meaningful

activities at the county level.

In the year 2010, the Jasper

County Board faced a problem in budgeting, and we

reduced our corporate fund by 30 percent which meant

that we laid off 24 people and in a county of

10,000, 24 jobs is pretty important.

Now, we've hired back some of

those because of some savings that we have been able

to do but we've not got all the employees back.

So we beg and we ask that the

Pollution Control Board, the EPA, anybody that's

involved in this variance, consider the full

ramifications of the Ameren plant going dark, and we

beg that you go ahead and grant the variance.

My name is Bill Weber, and I'm

vice chairman of the board, and I speak for the

board and for the chairman of that board as well as

the economic development group that is in Jasper
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

84

County so that's why I'm here.

Thank you very much.

HEARING OFFICER WEBB: Thank you,

sir.

MR. WEBER: I do not have a

prepared statement but our letter of June 24th still

stands.

HEARING OFFICER WEBB: Thank you.

I'd like to call James Gignac

from the Illinois Attorney General's Office.

Mr. GIGNAC: Hi. My name is James

Gignac. I am an Assistant Attorney General with the

Illinois Attorney General's Office. I also serve as

the environmental and energy counsel with the

office.

Chairman, members of the

board, thank you for holding this hearing today.

Our office has submitted an initial set of written

comments in this docket, and we look forward to

submitting post-hearing written comments as well.

In my remarks today, I would

just like to focus on a couple of key points.

The first is that we urge the

board to ensure that Ameren has taken all the steps
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

85

that it should to minimize the deviation from the

Multi-Pollutant Standard before it grants any sort

of variance, and I think the questions from Hearing

Officer Webb and some of your questions today are on

the right track.

The second point is that we

would suggest the board strongly consider granting

Ameren a shorter variance of perhaps two years as

opposed to the four or five year variance that the

company is currently requesting.

Before diving into these

points, I would just like to pause and note a couple

of important items.

The first is that the Attorney

General and many others are proud of the work that

Illinois did to establish the Multi-Pollutant

Standard, and it really put Illinois in a nationally

leading role in terms of pollution reduction.

Coal plant owners, including

Ameren, in the state have taken several steps to

reduce pollution, and we greatly appreciate that,

but it's important to remember that we are only part

of the way through the process.

We agree with the sentiment
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

86

that it is important to view this variance request

through the lens of the work that was done to

achieve the MPS and the commitments that were made

at that time.

It's also important to

remember the legal standard for receiving a variance

in Illinois. There is a heavy burden on the

petitioner to demonstrate that the hardship it would

endure by complying with the law outweighs the harm

to the environment and public health, and it is the

often times difficult job of the board to discern

where exactly that line lies between hardship and

harm when deciding to grant a variance and what

conditions to attach to it.

Here we submit that there is

indeed a harm that would occur despite the company's

calculations regarding overall tonnage of SO2

emissions over the 12-year period, and that is

because of the significant increase in the amount of

allowable pollution between the years 2015 and 2019

under the proposed variance as opposed to what will

be allowed under the Multi-Pollutant Standard as it

exists today.

So with that, let me turn to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

87

my first point which is ensuring that Ameren takes

the steps that it should to minimize deviation from

the MPS.

Our office's initial concern

with the petition was a lack of explanation or

documentation in the petition and supporting

documents regarding alternative compliance options.

The petition appeared to present a black and white

scenario of either receiving the variance or closing

two entire plants.

The affidavits supporting the

petition were a little more vague and ambiguous

about exactly what other measures could or might be

able to be taken, and I think this point is

reflected by the company's proposed reduction of the

interim pollution rate from .38 to .35 pounds per

million Btu indicating that there is or was room to

ratchet down the pollution rate and minimize the

deviation from the MPS.

We are still reviewing the

information submitted in response to the Hearing

Officer's questions that came in a couple days ago,

and, of course, we need to digest the information

that was provided today, but we do appreciate the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

88

additional insights and information provided by

Ameren.

We would continue to urge the

board to require a complete analysis from Ameren on

the costs and feasibility of other options that

might be taken to provide you with the information

you need to discern the appropriate balance between

environmental harm and hardship to the petitioner.

Some of the options could be

included in a package or a suite of pollution

reduction strategies; for example, procurement of

low sulfur or ultralow sulfur coal. It would be

good to have an affidavit or some sworn testimony

that the company has fully procured the lowest

sulfur coal possible and exhausted that approach.

Likewise, with the

maximization of existing pollution controls, we

heard some testimony on that today, but guaranteeing

that the scrubbers at Duck Creek and Coffeen will be

fully maximized to achieve as much sulfur dioxide

reduction as possible.

Also, managing the generation

balance. While Ameren does reference reductions in

capacity factors, it would have to experience if
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

89

relying on the derating of units to comply, we would

like to see an analysis of partial derating or a

partial approach of managing the generation balance

that again can help reduce the margin of deviation

from the MPS.

Finally, we'd like to see more

of an analysis of why technology such as dry

scrubbers and dry sorbent injection are not feasible

or possible here. We understand these things do

require significant capital investments, but they

are technologies that have been used at other plants

and units around the country, and, in fact, Ameren

in previous versions of its compliance strategies

did plan to use dry sorbent injection at both

Edwards and Joppa.

So we believe that these

options should be fully explored as potential

conditions if a variance should be granted, and if

Ameren is not willing or unable to provide

justification that it fully explored these options,

then we think the petition for variance should be

denied.

Before moving on, I would just

like to emphasize the note about the parent
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

90

corporation, Ameren Corporation, making a conscious

decision to let its subsidiary, Ameren Energy

Resources, stand on its own in terms of maintaining

a viable cash flow.

We understand the financial

and investor relation motivations for this but it is

important to keep in mind when we are thinking about

the hardship to the overall corporation.

So assuming that the board

determines a variance is warranted here and has

determined the various conditions that will be

placed upon it to minimize the deviation from the

MPS, we at the Attorney General's Office suggest

that the board consider perhaps granting a shorter

variance, perhaps two years. This would be a more

limited and measured action for the board to take at

this time.

It would appear based on the

petition that it would give the company the relief

that it needs without locking all of us into a

potentially unnecessarily large departure from the

MPS. It would allow Ameren to maintain the

decelerated construction of the Newton facility if

the 2015 and 2017 standards were backed up by two
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

91

years, and it would also allow us to see what

happens with the rapidly changing dynamics affecting

the power market industry. A lot can change in two

years. If we turn the clocks back two years from

today and consider what we thought about the price

of gas, the status of federal environmental

regulations, the price of power, the economy, etc.,

things were very much different.

Today we've heard testimony

relating to the potential for Cross State Air

Pollution Rule to come into effect. We've heard

testimony about the potential for power prices to

rise, and these things are very much in play. A

two-year variance would allow us to see what happens

with that.

If after two years the company

is experiencing the same sort of uncertainty, it

could come back and petition for an extension of the

variance.

On the other hand, over these

two years, if cash flow conditions change, the

company can make decisions to invest in certain

units, power down entire other units. It could

change the entire compliance strategy and approach.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

92

However, if the board does

grant the full four or five-year variance now, we

would lose that opportunity to see an updated

justification for the variance, and we would lose

the opportunity to revisit the issue and keep the

MPS on track to the greatest extent possible.

That concludes my remarks

today. Thank you again for the opportunity. We at

the Attorney General's Office look forward to the

continuation of this process and the opportunity to

submit further written comment.

Thank you.

HEARING OFFICER WEBB: Thank you,

sir.

We can go off the record for a

second.

(Whereupon an off-the-record

discussion transpired at this

time.)

HEARING OFFICER WEBB: I'd like to

call a couple more public comments before we break

for lunch.

I'd like to call Judy Weimer.

MS. WEIMER: Good morning. Thank
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

93

you, Board.

My name is Judy Weimer, and I

am a bilateral lung transplant recipient. I

received two lungs from a wonderful donor.

My case was 80 percent

environmental. Yes, I grew up in the city. The

city, the suburbs, it's all the same. Dust is dust,

and all I did was breathe, breathe, and breathe, and

it sat in my lungs, and I didn't plan on getting

sick. I didn't want to get sick. I ended up

getting sick.

And I understand where the

company is coming from, but the health costs alone

are going to be just amazing, just totally out of

control. There's enough people now with asthma, and

it's just going to keep getting worse and worse, and

within like 30 years, there are going to be a lot of

surgeries.

Lungs are very delicate, and

we need to keep the air clean, if not for my

generation, for our children and our grandchildren,

and I ask the Board to please deny the extension.

They gave their word, and in the world, your word is

kind of all you got right now. Everything else is
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

94

falling apart, so if you would please listen and

make your vote count, I'd appreciate it. Thank you.

HEARING OFFICER WEBB: Thank you.

Mr. Norman Eckstein.

MR. ECKSTEIN: Thank you.

I would also like to ask you

to not extend or not give the variance, again, for

health reasons.

In my case, I, fortunately,

don't have any health problems as a result of

pollution, but I have a close friend who, both of

whose parents were killed by lung cancer. Neither

of them smoke. They haven't determined a specific

cause, but they figure that it's mostly

environmental.

I had a college roommate who

is a retired army colonel. He served 30 years

defending our country. He has a disease called

idiopathic pulmonary fibrosis. It's a disease that

attacks the lungs from the bottom up, and it slowly

kills...the easiest way to say it, the cells are no

longer able to absorb oxygen, and so slowly he's

reducing the amount of oxygen he can take in. He's

now on full-time oxygen.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

95

A year ago he was still

playing golf serval times a week. Right now he's in

a wheelchair. He can go out a couple times a week.

He can't drive. When I talk with him on the phone,

we have to keep our conversations down to about five

or ten minutes because he can't breathe well long

enough to talk much more than that.

His brother died of the same

thing, and his sister was recently diagnosed with

the same disease.

The hospitals they go to, he's

being treated at Johns Hopkins. His brother was at

the Mayo Clinic, and his sister is at General

Hospital. The doctors at all three places have said

that there is -- well, they don't know what causes

this, but they do know that there's nothing that's

hereditary that they have been able to identify, and

it's most likely the fact that they all grew up in

the same place and there was some kind of an

environmental issue.

From things that I read, the

difference in the levels of pollution with and

without the scrubber cause or are likely to cause

approximately 25 deaths a year and several thousand
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

96

people who are likely to be disabled as a result of

reduced functionality of their lungs.

We talk about losing jobs.

Those people, if they become disabled, well,

obviously, the people that died, their families have

a hardship. Those that become disabled, those are

additional people who not only lose their jobs but

they lose their jobs permanently. They don't have

an option to go find another one.

So for health reasons, I think

we really need to do something.

I should say I am not a

believer in big government. I believe government

has limited functions and the government shouldn't

be telling us what we should and shouldn't do, but

one of the few functions of government that's very

important to us is protecting the population, and it

doesn't matter whether it's from a foreign threat or

from a local threat, they need to protect us from

each other as well.

And I think they've made

rules. They've made them with the participation of

the company, and the company agreed to them, and I

think if it was something that any of us as people
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

97

agreed to and we came back to the government several

years later and said, oh, I'm having a financial

problem right now, I really don't want to pay this,

change it, I doubt they would change it, and I think

they should do the same thing for a company.

HEARING OFFICER WEBB: Thank you.

Mr. Bryan Urbaszewski.

MR. URBASZEWSKI: Thank you for the

opportunity to speak today.

My name is Brian Urbaszewski,

and I'm the director of Environmental Health

Programs for Respiratory Health Association.

RHA is a lung health charity

based in Chicago that works to fight lung disease

and promote lung health, research, advocacy and

education.

I was involved in the process

that lead to the MPS being set up many years ago

along with agency staff, other environmental and

health leaders and major power companies. The end

result set strong and comprehensive emission rate

reduction requirements for coal-fired power plants.

Because some pollutants can

cause and exacerbate lung disease as you've already
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

98

heard, RHA was extremely interested in seeing the

lowest possible SO2 and NOx emission rates be a part

of this state pollution prevention rule. This is

the reason I still stand before you today.

Lung disease is a very serious

and growing concern. People living with asthma have

more asthma attacks when air pollution levels are

higher. They use more medication. They are more

likely to visit their doctor. They're more m likely

to wind up in the emergency room. They're more

likely to be hospitalized.

Asthma is also rising.

According to the U.S. Center for Disease Control in

Atlanta, one in twelve people now has asthma

nationally, up from one in fourteen a decade ago.

Medical expenses alone just from asthma are over

$50 billion a year. For African American children,

the situation is even more shocking. In the U.S.,

one of every six African American children now has

asthma.

As of late 2010, chronic

obstructive pulmonary disease was reported as the

third leading cause of death in America, up from

fourth. People you see on oxygen in many cases have
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

99

COPD and may have less than half the lung capacity

of a healthy person. They're also more susceptible

to air pollution and more likely to wind up in a

hospital or worse.

Many people afflicted with

lung disease, particularly senior citizens, also

suffer from cardiac conditions as well.

It's well established that air

pollution from power plants is associated with

increases in heart attacks, strokes, and premature

deaths.

In Illinois, over 1.2 million

people live with asthma. Conservatively, over

500,000 people live with COPD. It may be as high as

a million. A lot of it's undiagnosed.

Coal power plant emissions

kill people. Hundreds of people in Illinois die

every year from what comes out of coal power plant

stacks. Many more are sickened and require

medication and treatment, and strict emission

controls are needed on coal power plants. Such

plants have been exempted for decades from

requirements to install pollution controls, the same

controls that have been mandated on new coal power
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

100

plants for the last three decades.

The Illinois rule was stricter

than federal requirements in place in 2006, but

since that time when these state rules were set, the

need for tighter SO2 rates has only gotten stronger,

and USEPA has acknowledged that in subsequently

requiring even deeper reductions in SO2 and in

tightening national air quality standards for

particle pollution closely linked to upwind sulfur

dioxide sources.

National standards will again

need to be tightened, and after years of court

battles and delays, it is almost certain that the

PM2.5 standard will be tightened later this year in

compliance with the federal court order, but through

setting inadequate standards, USEPA has failed to

protect the breathing public, particularly people

with lung disease. This is why the board needs to

protect the health of Illinois residents here and

now by ensuring our own state rules designed to

protect human health are not eroded.

What Ameren wants could

condemn scores of people to early deaths and many

more to needless suffering and trauma. My
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

101

recollection is that Ameren was intimately involved

in the MPS creation, was the first power company to

reach out to Illinois EPA and begin negotiating what

the MPS would entail and the first company to lock

in the deal they wanted in the final regulation.

They benefited from a longer

timeline for meeting state mercury standards and

made firm commitments to cut NOx and SO2 rates from

their power plant fleet in return.

They are here today saying

that they want their cake and they want to eat it

too. They got what they wanted that was in their

shareholders' interest, and now they don't want to

invest in what they promised the state and the

public in Illinois what they would invest in.

I again implore you to deny

this variance as Illinois residents should not be

paying with their health or their lives to benefit

Ameren's financial bottom line.

Your decision today and in

this proceeding will determine whether Illinois

residents live or die.

Thank you for the time and the

opportunity to speak.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

102

HEARING OFFICER WEBB: Thank you.

Let's go off the record for a

second.

(Whereupon an off-the-record

discussion transpired at this

time.)

HEARING OFFICER WEBB: I'm going to

call Julie Johnson, the mayor of Joppa.

MAYOR JOHNSON: I'm speaking on

behalf of the EEI plant at Joppa as to Ameren's

request for a variance to delay the mandated state

of the results of upgrading their facilities.

I was an educator. I taught

in the Joppa high school for 22 years. Then I

taught 12 years more at the Shawnee Community

College in this area.

EEI has been a stable force

for our tax bases for these schools and employs jobs

for our communities, for the whole County of Massac

as well as Joppa. We have another plant nearby. We

have two there that are basic. The Lafarge cement

plant, it has laid off. Now EEI is laying off, and

in Massac County, Honeywell Industries has laid off,

so we're being hit very, very hard in that area.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

103

The public services of our schools are imperative to

us. The environmental benefits are not being

questioned. We realize our environment is important

but it's hard to put this aside when your families

are without work, can't be provided for, your

village is losing people out because they have to go

elsewhere for jobs, your schools close down, and

that pretty much devastates your community.

As I say, I'm not against the

environmental protection, but the short time that

has been requested I believe is very reasonable, and

I don't think we'll get more polluted in five years

than we would be in one or two.

So my request is please

support this area.

Thank you.

HEARING OFFICER WEBB: Thank you,

Mayor.

I'd like to call Billy

McDaniel, mayor of Metropolis.

MAYOR McDANIEL: I do want to thank

this board today for allowing us as a community to

come before you.

My name is Billy McDaniel.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

104

I'm the mayor of the City of Metropolis.

We as a community know and we

appreciate the time and the effort that each board

in the State of Illinois and our community takes for

our health, our benefits, our well-being. There is

more to the well-being than controls of different

items and stuff like that.

The Joppa EEI plant is

probably the number two company in our region.

There's 235 well paying jobs there. They're well

above the average income by 40 percent. Those jobs

we take very seriously in our community. Those

jobs, if they are lost, will be jobs that we as a

community, a small community in southern Illinois

will never replace.

We're in the deep south.

There is someplace south of I-80, which Metropolis

is as far as south in Illinois you can get. When

you leave Metropolis, you're in Paducah, Kentucky,

so we do realize the graphics, but we want to

support both entities. We support our community as

far as the well paying jobs, taxes. They pay

probably $800,000 a year in property taxes and real

estate taxes. They spend hundreds of thousand of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

105

dollars on vendors on the City of Metropolis and our

community, but most of all, we in southern Illinois

have experienced the worst ice storm, the worst

flood, tornadoes in the last ten years that our

state has ever experienced. Not only are these jobs

vital to our community but the ladies and gentlemen

that work in these positions are a vital part of our

community. They're number one probably in

volunteerism.

Actually, I was in private

business before I got in the political arena. For

32 years I owned and operated a business there, sold

thousands of dollars worth of product to the EEI

Company. They were always and still are vital to

our community, and I plead with you. You know, we

do know that we have to have a quality of life as

far as pollution and things of that nature, but we

also still have to have a quality of life as far as

economic situations.

Good quality air is good.

It's great, but when you're trying to provide food,

clothing for your families, that's a very important

part of our lives also, and so I would ask you and I

would plead with you that I don't think it's too
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

106

much to ask. We do understand the companies have

said that they will meet every standard of what the

controls are. They do need an extension of that

time. I would ask that you consider that. It could

be our own stimulus package of Illinois.

We all know jobs are hard to

get. Why not a project that actually keeps people

in the plant working to comply with the emissions

that we are asking for. The contract people is

coming in, so it's a double stimulus package. We're

keeping them to work plus we are creating new jobs

to upgrade the plant.

I thank you very much for your

time. Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Dan Cox,

Jasper County School Board.

MR. COX: Thank you for the

opportunity to be heard, and I also thank you for

the opportunity to squeeze me in right before lunch

so I'll be sure to be brief.

I am Dan Cox. I'm

superintendent of Jasper County schools in Newton,

Illinois. We're neighbors of the Newton Power
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

107

Station.

Jasper County School District

is a medium size school district of 1,350 students

in the southeastern part of Illinois. We are the

largest geographical school district in the state,

and we are very rural, and I just want to give you a

snapshot of some of the challenges we're facing and

the potential challenges we face with the Ameren

challenges.

Since 2006, Jasper County's

schools have lost $2.6 million in revenue, and it's

still growing due to the budget prorations resulting

from state and national economic crisis. Our

enrollment has declined by over 150 students in the

last decade, and it's projected to dip below 1,300

students within the next decade.

These factors have contributed

to us closing seven schools within the district

within the last ten years, and we have reduced or

absorbed 23 teaching positions in the last three

years.

The Ameren Power Station and

the Newton Power Station represents 60 percent of

our local tax revenue for Jasper County schools.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

108

This translates to over $4 million per year to our

school district. This potential loss of revenue,

jobs and families would be devastating to the Jasper

County community and, more importantly, our students

who are also children in the State of Illinois.

Ameren has been a good

neighbor to us and a responsible neighbor to us. I

just urge you to grant a consideration for the

variance.

Thank you.

HEARING OFFICER WEBB: Thank you

very much.

I would say this is probably a

good place to put in a lunch break.

Let's go off the record and

discuss how long we want to do that.

(Whereupon an off-the-record

discussion transpired at this

time.)

HEARING OFFICER WEBB: Let's

reconvene in 45 minutes at 1 o'clock.

(Whereupon the lunch recess was

taken.)
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

109

AFTERNOON SESSION

HEARING OFFICER WEBB: We're back

on the record.

Good afternoon. We're back

from lunch.

My name is Carol Webb. This

is the variance hearing for Ameren Energy Resources.

I'm going to repeat some

comments I made this morning since we have some new

people here this afternoon.

So far, everyone has kept

their comments to less than five minutes, just about

everyone, so we're in pretty good shape. If

everyone would please continue to do so, I would

really appreciate that.

We may have to impose some

shorter time limits this afternoon depending on how

things go. It's my hope that everyone will be able

to give their comment.

If time requires me to limit

your comment, you will still be able to submit

written comment to the board by August 8th. Written

comments should be sent to the clerk of the Board in

our Chicago office.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

110

We will be taking five to ten

minute breaks about every two hours. If you have

any questions or comments about this hearing, please

address them to me and not to the board members.

Only comments made on the

record will be considered by the board so please do

not offer comments to board members during breaks

and please do not approach board members to ask

questions regarding the substance or outcome of this

hearing.

I will reintroduce our board

for people who have just arrived this afternoon.

We have Board Chairman Tom

Holbrook, board members Jennifer Burke, Carrie

Zalewski, Deanna Glosser and Tom Johnson, and this

is Alisa Liu from the board's technical unit.

At this time, we're going to

handle some housekeeping with respect to

Mr. Kelter's statement this morning which was we had

deferred a decision about an exhibit to be

introduced.

MR. RODRIGUEZ: Yes, Madame Hearing

Officer. I believe he distributed CDs with a

document attached included on those CDs. There's
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

111

one paper copy of that document which we have

reviewed and we have no objection to. I would

propose we enter it as Exhibit 2 and have the CDs

copies for everybody's benefit.

(Whereupon Exhibit 2 was marked

for identification)

HEARING OFFICER WEBB: Okay. This

will be accepted as Exhibit 2.

(Whereupon Exhibit 2 was admitted

into evidence at this time.)

HEARING OFFICER WEBB: We're now

going to resume public comment.

I would like to begin with

Jean Ellen Boyd from Shawnee Community College.

MS. BOYD: Good afternoon. My name

is Jean Ellen Boyd. I represent Shawnee Community

College. I'm dean of instruction services, and I've

been with the college 28 years.

Shawnee serves the southern

five counties in Illinois. EEI located in Joppa

falls within our service district. EEI is a key

employer in our area, and recently and in the past,

we've experienced several layoffs and some closures

in our area, and as this happens, people relocate
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

112

from our area which has an impact on our local

economy.

The property tax revenue from

EEI provides approximately $86,000 per year to the

college for support education. If they close, this

loss of revenue on top of the already budget cuts

may force Shawnee to lay off additional staff and/or

reduce services for our students. I'm sure you know

the ripple effect of job losses in the area.

We certainly understand

stricter regulations, and this request is not to

relieve them of their obligation but to simply grant

an extension to complete the project without job

loss.

Shawnee College would like to

ask that you please give consideration to this

request.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call

Superintendent Steve Ptacek from Joppa-Maple Grove

schools.

MR. PTACEK: Thank you very much

for listening, for having us be able to speak with
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

113

you today.

My name is Steve Ptacek. I'm

a superintendent at Joppa-Maple Grove School

District Unit 38.

You've heard a lot of people

talk about the impact that the power plants have on

the communities. I can speak directly to the impact

that this will have on our school.

Joppa-Maple Grove is an

absolutely phenomenal school. We're a 55 percent

low income school, and in that situation, we've been

on the state's honor roll seven of the last nine

years, and last year was the first year we did not

as a district make AYP which anybody familiar with

test scores in the state, that's an amazing

performance for our school district.

I'm very fortunate to be here.

Last was my first year at Joppa-Maple Grove. I've

worked throughout the state, and I can tell you I've

never worked with a staff anywhere near as amazing

as the staff at Joppa-Maple Grove. What they do

with the kids every day is incredible. Twenty

percent of our funding come from EEI.

I want to leave you with one
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

114

point. If Ameren is not supported in this decision,

Joppa-Maple Grove will most definitely have to close

its school, and a tremendously high performance

school that's doing wonderful things with an at-risk

community in these tough economic times will have to

close its doors, and those kids are not going to get

the services that we've been able to provide.

Thank you very much.

HEARING OFFICER WEBB: Thank you.

I'd like to call Kelly Stratemeyer from the

Metropolis Chamber of Commerce.

MR. STRATEMEYER: Thank you. My

name is Kelly Stratemeyer. I'm president of the

Metropolis Area Chamber of Commerce. I'm a lifelong

resident of Massac County, and I'm here in support

of Ameren's variance request.

I am concerned as well about

the possible loss of hundreds of well paying jobs in

Massac County. Massac County has recently suffered

job losses at the Lafarge cement plant and is

currently losing scores of jobs at the Honeywell

plant.

The impact of losing over 200

jobs that are provided by the Joppa Power Station
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

115

that pays an average wage of over $80,000 per year

will be devastating not only to the employees'

families and the families of the local vendors and

suppliers but also have a devastating impact on the

secondary service industries that rely on the

dollars that the Joppa plant pours into the local

economy.

I ask the IPCB to support the

AER request to serve families and communities in

southern Illinois and central Illinois.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Jennifer

Cassel from ELPC. Is she not here?

MS. BUGEL: She stepped out of the

room.

HEARING OFFICER WEBB: Okay. How

about Andrew Armstrong?

MR. BUGEL: He stepped out of the

room as well.

HEARING OFFICER WEBB: Well, I know

Faith Bugel is here.

MS. BUGEL: Members of the Board

and Hearing Officer, thank you for taking the time
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

116

to allow for this public hearing today and for

considering these comments.

Much of the dialogue today has

been that this choice is jobs versus clean air, jobs

versus the environment, and I want to point out that

that is not necessarily the choice.

Choosing the variance doesn't

guarantee jobs. Choosing no variance does not

necessitate shutdown of these plants.

First, I want to emphasize why

choosing the variance doesn't mean that we avoid a

shutdown. We all know that there are a lot of

things going on right now with regulations and the

economy that have an effect that contribute to

whether or not these plants will survive. These

include a poor economy, natural gas prices that are

at all time lows due to the availability of new

natural gas reserves, several regulations including

the Cross State Air Pollution Rule, the Mercury Air

Toxics Rule, new PM2.5 designations.

I'd like to point out that

there have already been layoffs at Joppa, and that's

before the variance was even considered, so there

are a lot of things that could lead to these plants
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

117

closing. Some of those other things include the

fact that Joppa and E.D. Edwards are both very, very

old plants that do not have modern pollution

controls. The only plant that is being discussed

for scrubbers is Newton.

If there are not modern

pollution controls installed on these plants, it

means that they are likely reaching the end of their

viable life anyway and that with or without the

variance, it is likely that these plants will shut

down.

I know that is unfortunate. I

know that people are losing their jobs, and that is

a horrible thing to go through, but I do want to

point out that that is not simply, does not simply

turn on whether or not this variance is granted, and

there are so many other things that are leading to

that outcome. There have already been layoffs at

Joppa, and that in itself is telling.

Gary Rygh was up here earlier

today, and I do have a question for Ameren about his

testimony, and my question is, what happens if the

economy doesn't improve, if natural gas prices don't

change in the next five years. What happens if
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

118

there still is not money for a scrubber five years

from now?

The second point I want to

make is that saying that a variance is not granted

does not mean that the plant will definitely shut

down. I'd like to point out the number of options

that the company has to comply or not just comply

but to come close to compliance with the MPS that

does not require shutting down Joppa and E.D.

Edwards.

First, Joppa has the ability

to burn natural gas, and I'd like to hear from

Ameren, has the option of converting Joppa to fully

natural gas been explored; what would that cost;

what would that mean for compliance.

Has the option of converting

just a couple of units at Joppa to natural gas been

explored?

Earlier in Ameren's testimony,

it was mentioned that there are additional measures

that Ameren can take to comply with the Cross State

Air Pollution Rule. Why have those measures not

been explored now to comply with the MPS.

There was mention of ultralow
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

119

sulfur coal. There was mention of capacity, working

with the capacity at the various plants, optimizing

the scrubbers at Duck Creek and Coffeen. If all of

those things are done now, how close does that bring

the company to compliance with the SCS?

To echo the AG's comment, is

everything being done now to get as close as

possible. Can the company do better than .35, and

can we explore an option that is not .35 but closer

to the MPS.

In addition, there's been talk

of dry sorbent injection. ELPC will be submitting

the testimony of Kimberly Gray who is a professor of

engineering at Northwestern. We will submit this as

a public comment, and Professor Gray looked into the

option of dry sorbent injection, and I would like to

read just a couple points from her testimony.

Dry sorbent injection is

emerging as a pollution control technology to

address SO2 emissions. Specifically, for Ameren's

fleet of coal-fired electric power plants,

particularly the E.D. Edwards and Joppa plants, DSI

(dry sorbent injection) represents a both

technically and economically feasible strategy to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

120

reduce sulfur dioxide and other acid gasses.

DSI systems do not require a

major capital investment an and are very robust and

flexible in design. SO2 reductions in the range of

50 to 80 percent can be achieved, and reductions as

high as 95 percent have been documented.

Our analysis of the estimated

performance of DSI at E.D. Edwards and Joppa plant

is consistent with the data shown that will be

submitted with her testimony. By employing DSI to

achieve a 50 percent SO2 removal efficiency at the

Edwards and Joppa plant, Ameren should be able to

achieve a fleetwide average of .25 pounds per

million Btu SO2. The capital costs of DSI for both

plants are estimated to be less than 200 million.

In other words, the capital costs could be less than

that of a scrubber or are less than that according

to our analysis.

I realize that Ameren has

already testified that dry sorbent injection as a

means of complying with the MPS is prohibitive

because of cost and ESPs, but instead of exploring

full DSI that's needed to meet the MPS limits, is it

possible to explore partial DSI at several units?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

121

Our analysis of DSI, Kimberly

GRay's analysis of DSI also shows that conversion to

fabric filter is not necessary to install DSI. A

number of plants have already done that across the

country and generally all that's necessary is

optimizing the existing electrostatic precipitators

to handle DSI, and, in fact, the introduction of DSI

generally leads to better particulate matter

control, the thing that is being filtered by an ESP.

So we would like to put

forward the option of considering some amount of

DSI.

Finally, I would like to touch

on Meredosia and Hudsonville. We have been told in

Ameren's filing that a variance is necessary to

assure that Meredosia and Hudsonville stay closed.

I would like to discuss the possibility that a

variance is not needed to assure that those plants

stay closed.

One question I would ask is

with the FutureGen project going forward at those

locations, does the FutureGen project preclude

reopening Meredosia as a coal-fired power plant or

as a pulverized coal plant.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

122

I'd also like to ask the

company, what has been done to provide for future

operations at these plants.

Finally, the company, Ameren,

indicated that the Cross State Air Pollution Rule

was one of the reasons that Meredosia and

Hudsonville were shuttered, and I wanted to ask a

question of the company, does the Cross State Air

Pollution Rule becoming finalized and effective

include the reopening of those plants?

Thank you for your time. That

is all of my comments.

HEARING OFFICER WEBB: Thank you

very much.

I'd like to call Robert

Lawless from the West Central Building Trades.

MR. LAWLESS: Chairman Holbrook and

members of the committee, I am the vice president of

the West Central Building Trades in Peoria,

Illinois, and I am here to support the appeal for

Ameren Energy to extend their variance.

I'm a resident of Bartonville,

Illinois where the Edwards plant is located, and I

go on record as supporting as a resident and on
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

123

behalf of the 15,000 building trades members in the

Peoria area that have service both to the Edwards

plant and the Duck Creek plant.

Ameren Energy Resources has

already displayed their commitment to upgrade their

facilities as demonstrated with their recent

upgrades at their Duck Creek plant in Canton,

Illinois. AES in their petition has not requested a

waiver of the standards, merely an extension. They

need a timeline extension, and we all know what the

economy has done with the fuel prices and the

natural gas prices that have been spoken about many

times today. It has driven the price of the

kilowatt-hour down and has created the problem for

Ameren as it has for all utilities across the

country.

As a steamfitter by trade, I

am proud to say that I did work as an apprentice at

the Edwards Station and spent a couple years of my

apprenticeship there. Along with that, the last

four decades, the Edwards Station has produced

economical, dependable, affordable and essential

electrical power to their community, and over that

last four decades, it has kept a consistent tax
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

124

revenue, not just the plant itself as many have

spoken about here today but with the good paying

jobs that you've seen, you've seen the vests here

today, let's just...

(Whereupon the Hearing Officer is

adjusting his microphone)

MR. LAWLESS: Thank you. We'll try

it again.

As has been discussed many

times today about the financial impact of the

Board's decision, that's a tough decision that

you're going to have to make, one of the financial

impacts that you're going to have to consider is

that it's not only the revenues from the plant

itself that bring tax bases into the community but

it's good paying jobs. That's been mentioned today

too.

The mayor of one of the towns

mentioned that he was a vendor, so you have vendors

that are dependent upon these plants. You have

their families. You have the coal industry that's

depending on these plants, you have the rail, you

have the trucking, and you have the building trades

that I represent because we go into these plants and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

125

assist these members here on retrofits and upgrades

to these plants; thousands of man-hours in these

plants across the country, at the Edwards and all

the coal-fired plants in Illinois.

Let me ask the Board to

consider the fact that if the extension request is

not granted that these multiple tax bases of not

only the plants but the employees will be affected.

They will all be at risk. The dependable local

power will be at risk. I'm saying local power.

If the plants for whatever

reason have to shut down, the grid will provide

electricity to Illinois. It may come from Kansas.

It may come from Wyoming. It may come at a

different pay rate than we're used to paying, but we

will get the electricity, but at what cost.

What you don't see out in the

audience -- you see a lot of safety vests out here

but what you don't see out in the audience are the

vendors and the local merchants that have been

discussed all day today. They're not in the

audience. Neither are my members of my local

unions, but they're going to be impacted as well.

Please carefully weigh your
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

126

decision, all the potential consequences, and

ultimately, I ask you to conclude is the long time

benefits, do they outweigh the short time

disadvantages of an extension.

I thank you, and I'd like to

again request that the Board would accept the

extension request.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Tracy Cox

from the Peoria Families against Toxic Waste.

MS. COX: Members of the Illinois

Pollution Control Board, thank you for holding this

hearing today.

My name is Tracy Cox. I'm

assistant volunteer with the Peoria Families against

Toxic Waste. We're an organization that is

concerned with toxic waste as well as the cumulative

effects of pollution in our communities.

I believe there have been

enough indicators and enough time and enough money

that there is no reason to grant a variance to

Ameren in this matter.

It is clear to anyone who has
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

127

read the news, publications like Time, the New York

Times, the Wall Street Journal, that natural gas

prices have been in free fall and that energy prices

are at an all time low.

Similarly, the Illinois

deregulation is not new. None of the environmental

protections that Ameren is being asked to do are

new, and neither is the disparity with other states.

All those have been effect for six years.

Simply put, there's been

enough time for them to meet the requirements.

There is nothing new that specifically meets the

burden of a unique hardship.

When reading the briefs

submitted to your board, it was characterized as a

black swan event. You need to reject that on its

surface. There is no way that this was a

convergence of unpredictable circumstances that

resulted in something unique.

Perhaps if we were here

discussing the variance for the extreme temperatures

this summer, the number of days that allowed them to

discharge higher temperature water in the Illinois

River, perhaps we could say that that was a black
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

128

swan event, but certainly this conjunction of

falling natural gas prices, deregulation and

environmental protection is not and does not meet

that burden. I also think that there has been

enough money.

I first become interested in

this issue only because Ameren sent a letter to the

Peoria County Board asking that Peoria County also

sign on and begged that this variance be granted and

the Edwards plant stay open.

When I read the letter from

Ameren, I thought it was curious that it didn't

mention that in their SEC filings of third and

fourth quarter 2011, they announced that they had

already jettisoned any improvements at the Edwards

plant, and they were going to be saving 270 million

compared to prior plants. They were going to

decelerate and they'd get 150 million.

Prior to that in

November 2011, they announced that the cumulative

savings from shutting Meredosia and Hudsonville was

going to be somewhere to the tune of another 70

million.

My question is where is all
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

129

this money going? I understand that they have a

complicated legal structure of corporations and

holding companies and merchant generators, and I

always assumed that that was to isolate them from

liability from toxic waste. Of course, that's how

we think in the Peoria Families Against Toxic Waste,

but it looks like it's also a way for them to claim

that they don't have the financial resources to move

forward on this.

I simply don't buy it unless

they can submit a full accounting for where all the

money from shuttering Meredosia and Hudsonville,

from scrapping the construction of baghouses in

central Illinois among other things, where that's

going and why it can't be applied to moving the

Newton scrubbers forward.

I don't think that you should

buy their hardship designation.

Job security depends on many,

many factors, and I certainly feel for the people in

Massac County and the people in Jasper County. I've

had the occasion to visit the fine natural areas in

the southern part of the state, and indeed, good

jobs are few and far between, but in the end, it is
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

130

my belief that in the end, Ameren is deciding to

pursue a no investment strategy. That's the only

thing that they are looking to do.

How can they take all capital

whatsoever off the table that is a consistent

message that's through their SEC filings and it's a

consistent message of what they're telling you that

they're going to do today, and in the end, I believe

that no capital investment strategy indicates they

have no long-term plan and a company that doesn't

have either of those doesn't have a job security

strategy for its employees either.

Don't listen to this. Think

through what the regs are supposed to intend. Many

public health experts understand and have pointed

out that cumulative SO2 reductions do nothing to

help beleaguered communities with short-term

pollution impacts, and its those short-term

pollution impacts that happen to children and the

elderly population across the state.

I think that those people

deserve better than another extension for a no

investment company.

Thank you.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

131

HEARING OFFICER WEBB: Thank you.

I'd like to call Paul King

with Ameren.

MR. KING: Thank you, Board, for

allowing me to speak.

My name is Paul King. I'm a

plant engineer at the Edwards plant in Bartonville,

Illinois. I reside in Pekin, Illinois. I am

currently a plant engineer responsible for the

scrubbers, not scrubbers, excuse me, but for the SCI

and ACI injections.

I moved down here almost four

years ago from an area in Thelma, Michigan when

Michigan's economy was greater, or employment rate

was greater than eight percent, and as far as I was

concerned, the economy was hitting the tank.

I moved down here because of a

job. I moved out of a county, Tuscola, its

neighboring counties Cadillac County and Huron, were

all shuttering the industrial plants. The

unemployment rate in those three counties when I

left Michigan was greater than 20 percent.

Those are the same type of

figures that you're looking forward to in at least
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

132

the southern portion of the state.

I moved hoping for a better

life and if the Edwards plant has to close, then

I've lost that better life.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Sandra

Kaptain (K-a-p-t-a-i-n) from Sierra Club. Is Sandra

here?

Okay. Joyce Blumenshine, is

she back yet? I know she had to leave briefly.

Okay. I'll call Joyce Downey

from Sierra Club? No. Okay.

Terry Grace also from Sierra

Club?

MR. GRACE: Thank you for allowing

me to speak.

I want to start out by saying

that I stand with my brothers and sisters in the

labor union. I've been a union member for 35-1/2

years, was a union rep for a dozen years and was on

two contract negotiating teams.

I have studied labor history,

and I totally recognize that the labor movement is
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

133

about a nation of our middle class in the United

States.

I support you in your effort

to maintain your job security. I've seen two

previous situations where management has intimidated

and scared workers regarding job loss. It is not

pretty. I truly regret the position that you've

been put in by your management's decisions. It's

not fair.

My contention is that the

present problem is not with the prospect of cleaner

energy but with management decisions that jeopardize

everyone's health, long-term prosperity, and

possibly the welfare of Ameren's workers.

Ameren's management has sold

us all out for better management bonuses and

short-term shareholder dividends. What happened to

responsible long-term planning with responsible

policies that would have benefited everyone?

In my job as a school social

worker, I've seen the effects of SO2 emissions in

schools in terms of asthma. The rates of asthma

have skyrocketed in the last 20 years. Every school

staff person in our district is trained, for several
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

134

years this has been the case, probably the last

dozen years, for the use of epinephrine for

responding to asthma emergencies, and there have

been emergencies. Most teachers have had to travel

responding to such emergencies to save the life of a

student.

SO2 emissions have to be

reduced. Ameren should not be rewarded for

irresponsible decisions by their management. The

reduction in SO2 emissions should not be delayed.

My personal mantra throughout

my career has been it's all about the children. I'm

not going to change now. Ameren needs to clean up

its emissions now.

Thank you.

HEARING OFFICER WEBB: Thank you.

Alan Bogardus from Ameren.

MR. BOGARDUS: Good afternoon and

thank you.

My name is Alan Bogardus. I

live in Peoria County, a place called Lake Camelot

out there, a beautiful place to live.

I've worked at the Edwards

Energy Center now for six years.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

135

HEARING OFFICER WEBB: Please speak

into the mike.

MR. BOGARDUS: I've worked at the

Edwards Energy Center now for six years. I'm the

production superintendent there. I work with a

truly wonderful group of people, truly wonderful

group of people.

Little bit about me and my

story. It's short. I'm a disabled Navy veteran

that had an opportunity to come here and fill the

services of production superintendent, and for that,

I can't tell you how grateful I am. It's wonderful

for me. It's wonderful for my family.

It's very important to me that

the board consider all the testimony and try to make

the right decision. My family relies on it, but

what I also want to communicate to the board as a

production superintendent at Edwards Energy Center

and I'm sure my other production superintendents at

other stations would say the same...I'm from New

York too; sorry...we go to work every day with the

thought of raising our children so that they can get

out there and be very important in our community,

and that's important to us. That's important to us.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

136

We understand, and we want that to happen. We see

them as people who are going to find solutions.

They're going to be chemists, things like that, to

make our job simpler, and it's going to happen.

It's really exciting. It's very exciting, but we

want that opportunity. All of us want that

opportunity. We know we can get that.

We go to work every day and we

manage our power plants with every one of you in

mind. First part of my day every day is to look

exactly at how we did in the environmental footprint

the night before, and I do that every day, and my

signature goes on every single piece of paper, and

the men and women who are going to stand up here in

a couple minutes and talk have spent more overtime

on this system called ACI, mercury, trying to make

sure that we do absolutely everything we can to go

above and beyond the minimum, above and beyond the

minimum opacity, the late nights they're running.

These people are working hard

for you. They understand. The men and women here

with these vests on are working really hard, and we

would like you to consider that.

Thank you.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

137

HEARING OFFICER WEBB: Thank you.

I'd like to call Jared from

ELPC. Help me out with your last name and spell

that for the court reporter, please.

MR. POLICICCHIO: First name is

spelled J-a-r-e-d. Last name Policicchio

(P-o-l-i-c-i-c-c-h-i-o).

Thank you for letting me offer

comments. I work at ELPC. I know we've been

through a long day so I promise to offer brief,

targeted comments.

I simply want to remind the

board that state regulators and Ameren agreed back

in 2006 that there would be mutual benefits for both

citizens of the state and for the company, its

shareholders and employees in enacting and

implementing the MPS as agreed, and so I just want

to read some excerpts of statements that were made

at that time or in relation to what occurred at that

time.

So first, just a few excerpts

of statements made by then IEPA Director Doug Scott

in testifying before the U.S. Congress in 2009.

Subsequent to long hours of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

138

negotiation, an alternative standard was proposed

that involved allowing some flexibility in complying

with the mercury standards in exchange for

commitments to also significantly reduce SO2 and NOx

emissions from Ameren's coal-fired power plants.

Both the MPS and CPS

provisions provide some flexibility on the timing of

mercury reductions in exchange for commitments to

make significant reductions in both SO2 and NOx.

Companies may choose to

voluntarily comply with the MPS or CPS as an

alternative to the otherwise applicable requirements

of the mercury rule. These provisions provide

additional flexibility in regards to mercury control

in return for companies achieving significant

reductions in the emissions of SO2 and NOx.

And then the last statement

from Mr. Scott, Director Scott, is a statement just

reiterating the benefits of removing SO2 and NOx

from the air.

He said, the benefits of

removing SO2 and NOx are well established and most

notably will result in reductions in both

particulate matter and ozone. SO2 is a precursor to
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

139

particulate matter, and NOx is a precursor to both

particulate matter and ozone.

Particulate matter related

annual benefits include fewer premature fatalities,

fewer cases of chronic bronchitis, fewer nonfatal

heart attacks, fewer hospitalization admissions, and

should result in fewer days of restricted activity

due to respiratory illness and fewer work loss days.

Moreover, there should be

health improvements for children from reduced upper

and lower respiratory illness, acute bronchitis, and

asthma attacks.

And then lastly, I just want

to offer some excerpts of statements made by Ameren

or experts testifying on behalf of Ameren during the

2006 rulemaking before this Board.

One of the witnesses was a

woman by the name of Ann Smith who was, quote, "an

expert on the costs and benefits of policies to

control emissions of air pollutants from the

electric generating sector." One statement that she

made is, the MPS provision is more costly, and those

added costs are borne by Ameren. However, there

will be other important financial and operational
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

140

benefits to Ameren in making use of the MPS

provision.

The Illinois rule, she's

referring to the mercury rule, with or without the

MPS will require Ameren and all the other Illinois

generators to make major new capital investments in

control equipment. There is substantial benefits to

companies if they can spread the capital investment

costs over a longer period of time.

And then the second statement

that she made at that time before the board:

Although the total capital expenditures are larger

under the MPS than under the Illinois rule without

the MPS, they are greatly smoothed out in a manner

that should be far more feasible to finance and with

a far more manageable rate of increase in demands on

cash flow.

And then last, a second

witness that they called, Mr. Menne, he testified at

that time, the proposal we put before you today sets

out a regulatory scheme that addresses three

pollutants, SO2, NOx and mercury, in a way that

synchronizes and coordinates regulatory reduction

mandates that are clearly on the way.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

141

This multi-pollutant mechanism

balances the environmental goal of effective

controls across pollutants and at the same time

supports the goal for industry of a more stable and

certain regulatory framework.

Indeed, with these two goals

as the focus, the results are more certain in

accelerated reductions, more effective planning and

smarter technology choices.

That was the end of his

statement and that's the end of my remarks.

Thank you.

HEARING OFFICER WEBB: Thank you.

Bill Miller from Ameren.

MR. MILLER: Good afternoon. My

name is Bill Miller. I live in, Beardstown,

Illinois. I've worked for Ameren now for 23 years.

As a matter of fact, today is my anniversary date,

and for 22 of those years, I worked at Meredosia

Power Station and was fortunate enough to get an

offer to go to Edwards, and I dearly appreciate

that.

I can tell you though, going

through a closing of a plant like that is a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

142

traumatic experience, and it's not something that I

look forward to going through again, and I really

hope and pray that you will really seriously

consider extending these variances so that we can

keep working.

HEARING OFFICER WEBB: Thank you.

I see there are some people

standing. There are some seats. There are some

chairs stacked up in that little room if you'd like.

I see some empty chairs too, but help yourself to a

chair if you'd like.

I'll call Jennifer Cassel from

ELPC.

MS. CASSEL: Ladies and gentlemen

of the board, thank you so much for allowing me the

opportunity to comment here today on the proposed

variance.

What I'd like to do initially

is provide the board with a letter, read into the

record a letter that a number of health

professionals from the State of Illinois have

written in opposition of Ameren's variance request.

This letter will be, of course, submitted on the

record with additional signers at a later date in
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

143

this proceeding, but it states as follows:

Dear Members of the Illinois

Pollution Control Board: As health professionals

living and working in Illinois, we support the

Multi-Pollutant Standard (MPS) adopted by the

Illinois Pollution Control Board in 2006.

By controlling power plant

emissions of sulfur dioxide (SO2), nitrogen oxides

(NOx) and mercury, the MPS helps protect the air we

breathe, the local fish we eat, and the wildlife and

natural spaces we love from harmful pollution. We

are concerned by the present effort to weaken the

MPS before the Pollution Control Board. We urge you

to vote against any action eroding MPS standards.

Nationally, coal-fired power

plants are the largest sources of SO2 and mercury

emissions and are among the largest single source

emission of NOx. Emission of these air pollutants

impacts human and ecosystem health in a number of

ways.

Exposure to mercury, a potent

neurotoxin, can result in developmental delays,

e.g., speech, motor and memory skills in children,

and cause nervous system damage in adults.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

144

High levels of SO2 and NOx can

exacerbate respiratory systems and at-risk

individuals including children and the elderly

including asthma and COPD attacks. Wildlife and

plant species are also impacted by the toxic effects

of these pollutants, e.g., reproductive effects of

mercury to wildlife, SO2 derived acid rain damage to

foliage.

In addition to the health

impacts of directly regulated chemicals, SO2 and NOx

are also precursors to a number of other harmful

pollutants such as fine particulate matter and

ground level ozone. Fine particulate matter, PM2.5,

is a complex mixture of solid and liquid particles,

and a very large proportion of measured PM2.5 results

from the chemical transformation of SO2 and various

NOx molecules in the atmosphere.

Numerous scientific studies

and authoritative panels have identified PM2.5 as

harmful to human health with causal linkages found

between short- and long-term exposures and premature

mortality and cardiovascular effects.

According to a 2010 report by

the National Research Council, in 2005 alone, the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

145

annual health and related damages from particulate,

NOx and SO2, cost the public $62 billion in

2007 U.S. dollars. The vast majority, 53 billion of

those dollars, were due to health damages associated

with the transportation of SO2 into PM2.5.

As it stands, the MPS is

designed to require substantial reductions in the

emission rates of SO2, NOx and mercury. These

reductions will allow for substantial gains in the

public health of our state and surrounding regions,

particularly for vulnerable populations.

By maintaining the present MPS

emission rate requirements for each of the

pollutants, you will ensure that the health

improvements behind the spirit of the law remain

intact and that the public does not bear the cost of

polluter noncompliance.

We applaud you for your

decision to put the MPS in place six years ago, and

we ask that you continue to show your support for

the standard by voting against any effort to weaken

its protective power.

And this letter is signed by

Paul Brandt-Rauf who is a medical doctor, Ph.D. and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

146

doctor of science, Susan Buchanan, the Director of

the Great Lakes Center for Children's Environmental

Health and the University of Illinois at Chicago

School of Public Health, Robert Cohen, a doctor and

Director of Pulmonary and Critical Care Medicine of

the Cook County Health and Hospital System, Samuel

Dorevitch, who we will have a comment read from

later today and who is an associate professor of the

Division of Environmental and Occupation Health

Sciences at the University of Illinois at Chicago

School of public health, Peter Orris, Professor and

Chief of Service at the Occupational Environmental

Medicine Department of the University of Illinois

Hospital and Health Science System, and Dr. Nancy

Quesada, Director of Ambulatory Pulmonary Medicine

and Rehabilitation at Stroger Hospital at Cook

County.

Like I said this, letter will

be signed by additional health professionals and

will be submitted into the record shortly.

Finally, just to conclude, on

my own behalf, I'm a person with asthma. I've grown

up with asthma since I was 2 years old. I'm one of

the statistics. I'm one of those people that's
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

147

impacted when the air quality goes down. I feel it

when we have ozone days. I know when we have high

levels of pollutants in our atmosphere. Sometimes

that means I miss work. Sometimes that means I miss

school, and I'm lucky I have a job that won't fire

me for that reason. There are plenty of people out

there that don't have those benefits in place; that

if they miss too much school or miss too much work

they may be relieved of their duties. They may not

be protected under the current economic system that

we have.

I ask this board to please

consider that we are not only talking about the jobs

of the men and women here today but we're talking

about the jobs of many people impacted by the

pollution that comes from these facilities, and

granting this variance would allow considerably more

pollution into the air potentially putting at risk

the jobs and health of many, many people not only in

the State of Illinois but also beyond.

Thank you for your

consideration.

HEARING OFFICER WEBB: We have a

couple comments go long, and I was pretty confident
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

148

when I came in after lunch but now I'm starting to

get a little worried. I'm going to start giving

people a signal when it's three minutes and asking

you if you could please summarize your final points.

If we have time at the end, I'd be willing to take

longer comments. I apologize. I want everyone to

get in their full comment.

We can still take public

comment, but I am going to let you know when it's

three minutes, and if it's possible for you to

summarize your points at that time, it would be

greatly appreciated.

I'd like to call Rod Bland.

MS. CASSEL: We don't have a hard

copy of the study with us.

MR. RODRIGUEZ: This wasn't read or

anything, and we can't look at it.

HEARING OFFICER WEBB: What's on

the disk here?

MS. CASSEL: The disk is a study

that's referenced in the letter by the National

Research Council.

HEARING OFFICER WEBB: Let's go off

the record for a minute.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

149

(Whereupon an off-the-record

discussion transpired at this

time.)

HEARING OFFICER WEBB: Let's go

back on the record.

Ms. Cassel gave us some

documents and a disk that we will docket as public

comment.

Mr. Bland, go ahead.

MR. BLAND: Yes, I'm Roderick

Bland. I work at the Edwards Power Station in

Peoria. I live in Peoria now. Been working for

Ameren for over 25, 26 years now, and I just want to

state that I am here in support of the variance for

Ameren.

The basic reason I'm here is

because I do have a 12-year-old at home that I

anticipate sending through college, so I do want to

make sure that everyone knows that I am in support

of the variance, and that is my reason for being

here today.

HEARING OFFICER WEBB: Thank you.

Andrew Armstrong from ELPC.

MR. ARMSTRONG: Thank you for the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

150

opportunity to speak.

I've been asked by Dr. Samuel

Dorevitch of the University of Illinois in Chicago

School of public health to deliver a comment on his

behalf on Ameren's proposed variance. I will

deliver excerpts from it given time constraints.

My name is Samuel Dorevitch,

and I'm a medical doctor and an associate professor

at the University of Illinois at Chicago School of

Public Health.

My comments concern Ameren

Energy Resources petition for a variance from the

Multi-Pollutant Standard. Ameren would like the

permission of the Illinois Pollution Control Board

to go back on its commitment to reuse sulfur dioxide

emissions according to an agreed upon timeline. In

light of the health impacts of even moderate levels

of sulfur dioxide pollution and the long-term health

risks of particulate matter 2.5 pollution, failure

to lower them on the agreed upon schedule would be

expected to keep rates of asthma attacks and other

health problems higher than they would be at the

agreed upon lower levels.

Throughout my clinical
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

151

practice, I've treated hundreds of children and

adults suffering from asthma attacks. Asthma is a

chronic life-threatening lung disease. One of the

recognized triggers of asthma is sulfur dioxide.

Sulfur dioxide is an irritant gas, and a dominant

source of sulfur dioxide in the Midwest is

coal-fired electricity generation. Sulfur dioxide

irritates the respiratory tract and can lead to

symptoms such as cough, chest tightness, wheezing

and irritation of the throat.

A major hazard of sulfur

dioxide is that it causes bronchospasm, a

contraction of the airways seen in asthma attacks.

Research has shown that even

moderate levels of sulfur dioxide pollution are

linked to these harmful health effects. Although

literally hundreds of research studies have been

conducted that show hazards of sulfur dioxide

pollution, the United States Environmental

Protection Agency's Integrated Science Assessment

for Sulfur Oxides - Health Criteria, is an excellent

summary, critique, and synthesis of hundreds of

scientific publications about sulfur dioxide

pollution.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

152

Another important aspect of

the Multi-Pollutant Standard that Ameren and the

Illinois EPA agreed to is that by reducing sulfur

dioxide emissions, the power plants also would

reduce the contribution of sulfur dioxide to the

formation of fine particle pollution. Particulate

matter air pollution with a diameter less than

2.5 microns, or PM2.5, is formed in the atmosphere by

a variety of products and combustion including

sulfur dioxide and acid mists. These particles can

be formed and transported over long distances

impacting populations miles away from the sulfur

dioxide emitting plant. PM2.5 has been causally

linked to a number of health problems. Unlike

sulfur dioxide for which the main concern is

short-term respiratory effects, PM2.5 has been

associated with premature death, life-threatening

heart rhythms, heart failure and lung cancer.

Delaying the attainment of sulfur dioxide emission

targets will also delay reducing the formation of

particulate matter 2.5 and therefore putting the

population at risk for a variety of serious health

concerns for longer than necessary.

The Board must balance
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

153

possible hardships that Ameren might sustain if it

were to keep its earlier commitment against injuries

that will be sustained by the environment and the

public if Ameren fails to keep its commitment.

I would ask the Board to help

protect the health of the public, particularly

children with asthma, by requiring Ameren Energy

Resources to keep the commitment it made to the

timeline of sulfur dioxide pollution reduction.

Thank you very much for

considering these comments, and thank you for

considering mine.

HEARING OFFICER WEBB: Thank you.

MR. ARMSTRONG: I also have ten

copies of Dr. Dorevitch's written comments and ten

copies of the United States Environmental Protection

Agency Integrated Science Assessment that he cited

therein.

HEARING OFFICER WEBB: Okay. Do

you want me to take that as public comment?

MR. ARMSTRONG: Yes, please.

HEARING OFFICER WEBB: Okay.

Gary McCullough from Ameren?

Is Gary here? Okay. I don't think he's here.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

154

Mike Woo from Ameren?

I'm taking these documents

from Mr. Armstrong as public comment.

MR. WOO: Good afternoon. I want

to right off the bat thank you for the opportunity

to speak before you today.

My name is Mike Woo. I'm a

resident of Peoria Heights, Illinois. I'm also an

employee at Edwards Station. I've been down there

40 years come November. I'm also a member of Local

51 of the IBEW.

There has been a lot of talk

about the economic impact. I won't go there, you

know, the jobs and everything else, and that is

really a serious matter, but, you know, Allen

Bogardus mentioned nice comments about the plant.

So did Paul King.

I've been down there four

years and when I first started down there, that

plant was entirely different than what it is today.

I mean, the progress I have seen in 40 years and the

commitment of three companies to be a good steward

of the environment and produce electricity needed

for the economic growth in Peoria County and the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

155

surrounding tri-county area is very important to me.

But again, you know, it's many

things, but like I've said, I have seen the progress

over 40 years. I've lived it. I worked it. I've

learned how to work on new systems because of it. I

have all the faith in the world that the

technologies out there today will see the utility

business go forward and meet regulations as time

goes on. I truly believe that deep down inside.

Otherwise, I've wasted 40 years.

Thank you, and thank you for

the opportunity to speak before you.

HEARING OFFICER WEBB: Thank you.

Edward Warden?

MR WARDEN: Hello. My name is

Edward Warden. I'm from Chicago. I am a junior in

college currently. It's been fun. I love my time

at college, but sometimes I have to remind myself

that the reason I'm there is to work hard and, most

importantly, learn.

Occasionally the work kind of

stacks up. You know, I have a hard time getting

along and sometimes I ask my professors can I get an

extension of this paper. Usually they're pretty
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

156

generous about it and they go, "yes" (said with

emphasis). That's an opportunity though to meet the

criteria that they've set forth. It's not an

excuse. The hope is that in the two days or so that

they grant me that I can complete the paper and, if

not, do a better job than I did in the previous time

allotted. If I decide to go out and fool around for

the next two days, I don't complete the paper and I

get a bad grade, if not a failing one.

If I were to ask for another

extension, it would not be fair to the other

students who are also taking that class. As a

result, people can ask ad infinitum oh, I need more

time, oh, I'm not going to be able to fulfill this

requirement, and that defeats the purpose of why we

are there in the first place.

Ameren was given a task here.

They were asked to comply with certain standards by

the end of the six-year period in which they were

granted an extension. Given the circumstances, it

seemed that they did need the extension at the time,

but they did not step up to the task within those

six years, and now they're asking for a second

extension. This is not fair to the other parties
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

157

involved, other companies who also agreed to this

time allotted. It's not fair to the people that

have to breathe the air that will continue to be as

dirty as it has been for the past six years in which

Ameren was supposed to be preparing to clean up.

The State of Illinois should

not be sponsoring the secondary extension of a

permit that Ameren knew -- they were gambling on in

that six-year period of time they were going to see

market forces fall in their favor, and they saw the

writing on the wall at the beginning of the six

years.

The Illinois EPA should not

extend this permit.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Greg Crawford

from Ameren.

MR. CRAWFORD: Thank you.

I'm Greg Crawford. I live in

Pekin, Illinois. I work at Edwards Power Plant.

Worked there for 24 years.

Certainly, Edwards has a large

impact on the economy in the area, and I would just
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

158

appreciate your consideration for this variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call Sandy Carter.

MS. CARTER: Good afternoon. Thank

you for the opportunity to speak.

My name is Sandy Carter, and

I'm a resident of Chicago, Illinois, and I'm here

today to ask the Board to deny Ameren's request for

a variance.

In 2006, Ameren agreed to

install these pollution controls and they must

adhere to that agreement. They agreed to reduce

sulfur emissions in exchange for delaying installing

controls for toxic mercury. Ameren has benefited

from this deal saving money while they continue to

release mercury into the air. Now they want to back

out of this deal and delay having to control sulfur

emissions by five more years.

They already got the sulfur

emissions regulations weakened once and now they

want to weaken them further. It's time for Ameren

to stand up and be honest about their fiances. They

need to stand up and be honest with their workers
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

159

and consumers. I don't want layoffs. I want

Illinois residents to have jobs, but I don't want

corporate welfare which will only cost residents

more in health care bills.

They asked and received a

bailout in 2006, and they are asking for a bailout

now. Why should we believe that they will actually

do something in five years and not just ask for

another bailout.

These important environmental

regulations are not the reason Ameren seems to be

struggling in the market, and it is not the board's

job to help Ameren adjust to market change.

As an Illinois resident and as

a member of the next generation, I am extremely

concerned about the negative impacts of coal plants

on our health and our future. We know that coal

plants release harmful particulates into the air,

and we know that pollution controls are necessary if

we hope to ensure having clean air and a clean

environment in the future.

Granting Ameren this variance

however will only allow old coal plants that lock

modern pollution controls to continue damaging our
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

160

earth and our health.

Just as it is not this

agency's responsibility to help Ameren adjust to

market forces, we should not have to sacrifice our

health for the sake of corporate profit.

Furthermore, I ask the Board

to consider what kind of precedent would be set if

this extension is granted to Ameren. Several

companies own and operate coal plants in the State

of Illinois and they're also supposed to submit to

pollution regulations. If the board grants Ameren's

request, what will prevent those other coal

companies from asking and receiving a variance?

I come from a blue collar

family, and I understand that companies like Ameren

provide many benefits to communities. I understand

worrying about layoffs. I understand worrying about

economic pressures that mean you can't support your

family and you can't send your kids to school, but I

don't believe corporate welfare will completely end

those worries.

As has already been stated

this afternoon, granting this extension will not

ensure that all Ameren's employees will keep their
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

161

job, and it does not ensure that Ameren will become

more financially successful.

We need Ameren to be honest

with us, and we need to stop bailing them out. I

ask the Board to stand up for Illinois residents and

say no to more pollution and no to this variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Keith Dollar (D-o-l-l-a-r)

from Ameren.

MR. DOLLAR: My name is Keith

Dollar. I work at the Duck Creek Power Plant. I

work in the coal yard there. I've worked for power

plant for 18 years.

One of the biggest things

every day for everyone at the plant which has

already been said is environmental compliance. It's

not like, oh, well, you know, it doesn't matter, and

everyone needs to know that, and I would hope that

you would consider that and grant the variance to

Ameren.

Thank you.

HEARING OFFICER WEBB: Thank you.

Ms. Sitko (S-i-t-k-o). I may
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

162

need help with your first name (E-d-y-t-a).

MS. SITKO: Hi. My name is Edyta

Sitko, and I work with Green Peace in Illinois, and

I'm here to represent our organization and over

10,000 members that we have in the State of

Illinois.

I'm not going to talk a lot

because I think a lot of the points that I wanted to

make today have already been made by other people,

but I wanted to summarize some of the most important

points.

The first is that Ameren has

had six years to comply with these standards and

additional rules, and Ameren is here today or was

here this morning telling us basically how badly

their business is doing which isn't the fault of

these regulations. It's the fault of a lot of other

things that have been happening.

What's there to make us

believe that in five years things are going to be

different. It looks like either Ameren is going to

be back here in five years asking for another

variance or they're going to shut the plants down

which has already happened in several plants and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

163

other companies have done the same.

So while we've been waiting

for Ameren to clean up their coal plants for the

last six years, we have to acknowledge that hundreds

of other people in Illinois have suffered due to

respiratory diseases, asthma attacks, hospital

visits, premature deaths, neurological disorders,

many other things, and we have to consider those

people too and what they will have to go through and

hundreds of others in the next five years if we

don't reduce pollution coming out of these coal

plants.

I do have a lot of respect for

the workers that are here today. I also come from a

blue collar family, and I understand, you know,

worrying about job security in these communities is

a big deal, and I totally feel you'll come back, but

it is not our fault. It is not the fault of

Illinois residents that Ameren is failing as a

business.

There is, again, many other

reasons as many other people have pointed out, and

so we need to be honest with ourselves and the

company needs to be honest with you about what the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

164

reality of the situation here is.

And again, I don't think any

more families in Illinois should have to suffer

because, you know, Ameren can't reduce pollution

coming out of their coal plants.

And the last point is if

Ameren gets this variance, what's to stop other coal

plants in Illinois from getting the same thing and

other companies, and then many more people will have

to suffer because of lack of pollution controls.

So again, I think it's time

for Ameren and other coal companies in Illinois and

the other companies to take responsibility for their

business and the future of this environment. We

have the right to breathe clean air as Illinois

residents, and I think that should be taken into

account today.

Thank you.

HEARING OFFICER WEBB: Thank you.

Prentiss Carter,

P-r-e-n-t-i-s-s, from Ameren.

MR. CARTER: I'd like the to thank

the BOARD for the opportunity to present here today.

My name is Prentiss Carter. I
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

165

live in Peoria, and I've worked for Ameren for 25

years, right out of college, and I have worked in

operations in engineering primarily at Duck Creek

and Edwards Station, and having done that work for

years, I just want to assure the board that we are

very dedicated to providing electricity in an

environmentally responsible manner. I've been there

long hours, late nights, trying to make everything

is working like it should be.

We're also very dedicated to

our families and the communities in which we live.

We do give back to the communities whether it's

through a community cleanup day, food drive, blood

drive. We do take that responsibility to our

community very seriously as well, and, you know, the

closing of any of these energy centers would

adversely impact the communities in which we live,

so I respectfully request that the board grant the

variance requested.

HEARING OFFICER WEBB: Thank you.

Gabriel, I'm going to need

help with the last name, R-o-j-k-i-n-d.

MR. ROJKIND: Hello. My name is

Gabriel Rojkind, and thank you for the opportunity
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

166

to speak.

I'd just like to really

quickly give my opinion as to why the IEPA should

not allow Ameren variance.

I'm obviously not a fan of

coal plants but I think it is really important to

address and recognize the positive economic impact

that Ameren has on the Illinois communities.

With that said, however, the

point of regulations is that everybody follow them.

Otherwise, Illinoisans have to pay with their health

for Ameren's financial concerns.

Indeed, the Respiratory Health

Association estimates that allowing Ameren variance

will cause 125 premature deaths. If Ameren cannot

afford to protect the people around which it

operates, then it should not be allowed to operate.

What most concerns me,

however, is the precedent that this will create. If

granted, this will set a precedent that companies

can undermine their commitments, can renegotiate

after making deals, and can essentially play games

with regulators and the public at large.

This may open the floodgates.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

167

Variance will be demanded by every other company

that has made similar agreements with the IEPA in

the past and future because natural gas prices are

probably going to stay low for a long time.

My last point, whatever

progress Ameren and similar companies have made as

far as environmental stewardship has been because

they had to, because regulations have increasingly

continued to progress, and I have no desire to see

that rolled back now.

So these are only a few of the

reasons why Ameren should be held accountable to its

obligations, and I have faith that the IEPA will

fulfill its role as a regulator and will not set a

precedent that cannot be undone.

HEARING OFFICER WEBB: Thank you.

Robert McFarlen

(M-c-F-a-r-l-e-n) from Ameren.

MR. McFARLEN: Thank you for your

time.

My name is Robert McFarlen. I

live in Market Heights, Illinois. I'm a proud

member of IBEW Local 51. I work at Edwards Station.

I'm a father of three young
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

168

boys, and I care about their health. That is

foremost in my thoughts. I care about the

environment. I also care about economics.

At the plant, we do everything

we can every day to make sure that we are trying to

work in a responsible manner to keep our customers

supplied with power as well as do everything we can

for the environment.

The good jobs that we have, we

provide stability to our suffering local economy,

and I humbly ask that you grant AER some time to

come in and get the ability to get this equipment

installed, and maybe, you never know, technology

advances every day, next year they could come out

with a cheaper way to take care of these problems.

Thank you.

HEARING OFFICER WEBB: Thank you.

Simon Wiener (W-i-e-n-e-r).

MR. WIENER: Hi. Thanks for

convening this hearing.

My name is Simon Wiener. I'm

a concerned citizen of Cook County. Moved to

Illinois in 2008, and ever since then I've lived,

worked and studied happily on Chicago's south side.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

169

Because I believe that clean

air is vital to ensuring Illinois residents like

myself can continue to enjoy the outdoors without

fearing for our environment and our health, I

strongly object to Ameren's proposed variance and

call for the board to deny it.

First, it's unfair that Ameren

thinks it should be able to renege on its 2006

agreement. Ameren has profited from that deal for

years now, and now they want to push back the

standards after they were already weakened.

I say no. They're playing

games with the state and the people of Illinois. I

oppose corporate welfare at my expense, and so I

call on the board to deny Ameren's variance

proposal.

Second, Ameren has

consistently demonstrated that it's not willing to

be forthcoming to Illinois residents about policies.

Ostensibly, the variance will somehow improve air

quality but why else would the variance be sought if

not to be able to keep running old outdated coal

plants without having to install expensive pollution

control technologies.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

170

Moreover, Ameren keeps telling

us its business is bad right now, but why is this

going to be any different in five years like the

variance would have us believe. Perhaps Ameren's

business would pick up a little if they invested in

really clean energy instead of playing regulatory

games with the state and the people of Illinois.

Since the variance would allow

for an unfair reversal of prior agreements, it would

continue the tradition of Ameren's reluctance to

deal with Illinois residents openly and would

directly result in more toxic chemicals being

emitted into the air from the smoke stacks of

outdated coal plants.

I call on the board to stand

with the people of Illinois and deny the variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Dan Barnett from Ameren;

B-a-r-n-e-t-t.

MR. BARNETT: Hello. I'm Dan

Barnett. I'm an electrician at Ameren Energy

Center, member of Local 51 IBEW. I'm a naval

veteran.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

171

I would call on the board to

approve the variance as it will lead to a greater

overall reduction in SO2 over the life of the

agreement.

Thank you.

HEARING OFFICER WEBB: Thank you.

Rachel Grannemam

(G-r-a-n-n-e-m-a-n).

MS. GRANNEMAN: Good afternoon. My

name is Rachel Granneman, and I currently both live

and work in downtown Chicago.

If the Pollution Control Board

grants this variance, it will be prioritizing

industry interests over the health and well-being of

citizens in Illinois and across the Midwest. That's

my health and that's the health of everyone here.

What's more, Ameren is trying

to back out of the deal it made just a few years ago

when it agreed to the SO2 standards currently set

for 2015 and 2017 in exchange for the right to

comply with less stringent mercury limits in the

meantime.

Now that Ameren has reaped the

benefit of that deal, it doesn't want to uphold its
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

172

side of the bargain.

This variance would mean five

more years of unnecessarily high sulfur dioxide

emissions at the cost of our health and it's harmful

to our environment.

As long as our society uses

energy, you'll need people to work in the energy

sector. You need to stop propping up a dying

industry and focus on encouraging clean energy and

the creation of jobs in the clean energy industry.

Ameren is playing games with

the state, and what's at stake is the public's

health.

Don't let Ameren win. Please

deny the variance.

HEARING OFFICER WEBB: Thank you.

Anthony Robertson from Ameren.

MR. ROBERTSON: Thank you to the

board. My name is Anthony Robertson. I've been an

employee of Ameren for 21 years. I now work at

Edwards Station. This is the fourth power plant

I've worked at. My original power plant I started

at was Grand Tower. It was a coal-fired facility.

Now it's an all natural gas.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

173

I would like the board to

support Ameren's request for a variance

continuance/extension, and that's the extent of my

comment.

Thank you.

HEARING OFFICER WEBB: Thank you.

Melissa Marks (M-a-r-k-s).

MS. MARKS: Hi. Again, I'm Melissa

Marks, and I am a resident of Chicago, and I am here

today to ask that the board deny the variance

because two reasons:

One, Ameren should not be

allowed to operate an old outdated coal plant

without using the available modern pollution control

technology.

And second, Ameren is

misleading its employees by promising job security

for an industry that's soon to be obsolete. Ameren

is placing these people at risk as well as the

citizens of Illinois and the many other states that

are affected by the negative outcomes of coal

plants.

We should instead be focusing

on the expansive opportunities that arise for jobs
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

174

in the green energy industry. As a 23-year-old with

over $150,000 in student loans, I understand the

issue of job scarcity, but Ameren is not being

honest with its employees about the reality of the

coal industry, and the board should deny the

variance and allow for great economic opportunity

and job development in the cleaning up of the

industry that employs so many of us.

Thank you.

HEARING OFFICER WEBB: Thank you.

Mike Killebrew from Ameren;

K-i-l-l-e-b-r-e-w.

MR. KILLEBREW: Hi. I'm Mike

Killebrew. I'd like to thank the Board for the

opportunity to speak today. Thank you very much.

I'm employed at Edwards

Station. I've been there just about a year and a

half, and I'd like to speak on the character of the

company.

I've worked for a number of

companies in my lifetime, and quite honestly, this

is the most honest company I've ever worked for so I

don't feel at all that I've been mislead by the

company.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

175

Speaking to their character,

you know, they've always been honest. They've given

me a great opportunity. Everybody wants to discuss

this dark side that they're hiding a secret.

They've always been forward with us. They told us a

while ago that there were some things going on and

we had to look for it trying to maybe get an

extension to keep our company open, Edwards Station.

I don't feel mislead in any way. The idea that we

are being mislead is totally incorrect.

What we are doing is spending

a lot of time and effort trying to get up the

pollution controls we do have. I work with a number

of instrument techs. That's what I do there, and

every day we work with ACI, the SCR, and we work

very hard to try to make these emerging sciences

that Faith talked about work properly.

There's more emerging

sciences, correct, but as we all know, new sciences

are not always reliable and we're trying to

implement these sciences without a very long time

frame to prove them out, and sometimes they don't

yield what we quite expect from them.

I deal with that every day,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

176

trying to make a system work to meet the standards

that we currently have, and I am worried about us

throwing money at new sciences that may once again

not prove.

I think we need to stick with

the long-term scrubber project, and I believe in my

heart that Ameren will complete that project if

they're granted a variance, so I wish to propose to

you that you do extend Ameren the variance.

Thank you very much.

HEARING OFFICER WEBB: Thank you.

Priyanth Manjooran; P-r-i-y-a-n-t-h

M-a-n-j-o-o-r-a-n.

MR. MANJOORAN: Members of the

Board, good afternoon. My name is Priyanth

Manjooran, and I live in Hoffman Estates, Illinois.

In 2006, Ameren committed to

reduce sulfur emissions at its coal backup factories

in exchange for the right to postpone installing

controls of mercury.

While it has saved money, it

has been risking the health of everyone in this

state and across the region by putting more toxic

mercury into the air. Now it wants to delay coming
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

177

into compliance for five more years. That's not

fair to anyone.

I know that times are hard and

environmental regulations can be a bit of an

economic burden. However, there should be a limit

as to how much leeway we can give such significant

contributors to pollution.

Ameren is just going to keep

asking for these extra concessions, and if the IPCB

concedes to their request, Ameren as well as other

coal plant operators hardly have an incentive to

make a concerted effort to change.

I know that this may affect

some workers. Ameren just made a bad gamble with

its workers' jobs and with our health by continuing

to use a harmful and outdated method of energy

generation and pollution control technology that it

does now.

The regulations at play here

were probably developed with economic concerns

already in mind. If we fail to enforce the very

regulations and protections that were put into place

for our benefits, everyone's benefits, those

regulations would be useless.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

178

I live in this state, and I've

been to a variety of areas within this state of

varying levels of air quality. I have seen and felt

the impact of air quality in my life, those of my

friends, and almost everyone I know.

Air pollution is a serious

issue and not one to delay in the name of

convenience. Ameren has had enough time to comply

with the states emission limitations.

To give it more time would be

an unreasonable diminishment of those emission

limitations as well as the health of the public. It

is time to think about the greater good. I

respectfully ask that you deny this variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Mike Norman.

MR. NORMAN: My name is Mike Norman

from Peoria, Illinois. I work at Edwards Station.

I'm here on behalf of the variance, to support the

variance.

One thing that has not been

mentioned that I've been thinking about all morning

is we are still crawling out of the worst depression
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

179

since the great depression in the United States.

Companies all over the United States are struggling

to survive. Business models are being rewritten

every single day. That has not been mentioned one

time.

I'm just asking that part of

the obligation of the board is to enforce and find

balance, and I would ask you to find some balance

here.

Ameren is not asking to be

removed from their obligation. They're asking for

some time to gather their resources to move forward

to stay compliant, and I'd ask that you consider

that.

Thank you.

HEARING OFFICER WEBB: Thank you.

Gloria Fallon (F-a-l-l-o-n).

MS. FALLON: Hi. My name is Gloria

Fallon. Thank you for giving me the opportunity to

speak.

I'm coming to you today as a

concerned parent, teacher, and citizen of the state.

I teach in the Chicago public

schools very near one of two coal plants that are in
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

180

the city, and I teach physical education there, and

I have seen the ill effects of the coal plants

there. I teach about five classes a day, and I'd

say maybe six to seven students in each class have

asthma. It's a constant worry of mine.

When I have the students

running, they all can have problems. A lot of them

are overweight because of our eating habits but the

combination of these two things hurt students in

general, so for this reason, I'm asking that you

deny the variance.

I also believe that burning of

fossil fuels are destroying our planet. Nobody has

talked about climate change, at least since I've

been here, and I'm extremely concerned about it. We

have massive storms that are occurring. We have

forest fires that are occurring. This is hitting us

hard, and I know there are some tough decisions to

be made while we transition from fossil fuels to

renewable energy, and people are going to hurt.

They're hurting now.

We're in one of the worst

recessions, and we're trying to get out of it.

Frankly, I don't think that's going to happen, and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

181

we have some tough decisions to make, and I hope you

make the right one.

Thanks.

HEARING OFFICER WEBB: Thank you.

Christopher Lawson. No

Christopher Lawson?

Lynn Markum (M-a-r-k-u-m).

MS. MARKUM: Hello. My name is

Lynn Markum. I've been with the utility company or

the power plant, Duck Creek station, for 22-1/2

years. They talk about all the bad things in here,

about pollution and all these things, but we're

talking about national averages. We're not talking

about Illinois. I think you have to take apples to

compare apples.

We talk about a date of '06

when Ameren was supposed to comply or start doing

these things with scrubbers. I can tell you, our

facility, they've spent millions and millions of

dollars to put in a brand new absorber and stack,

precipitators, but it's kinds of like your car. If

you are car breaks, down your muffler breaks down,

your air conditioning breaks down and your engine

breaks down, you have set amount of money, which one
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

182

do you fix first.

And I think with Duck Creek,

they sort of took that plan and put the scrubbers on

that one intending to keep adding scrubbers

throughout the systems, but with financial woes of

the economy, I think that kind of got pushed to the

wayside.

I'm here in support of the

variance. I'd like to see my union brothers and

sisters and our management people still have a job.

We talk a lot about the

children. If we lose a few hundred jobs from these

plants closing, the Children's Home, Children's

Hospital, St. Jude's, Boy Scouts of America, Girl

Scouts of America, these are all places that ask for

donations, and a lot of us give to these facilities,

and we won't be able to anymore, so those are all

just different things to think about.

Thank you.

HEARING OFFICER WEBB: Thank you.

Shannon Weigel (W-e-i-g-e-l).

MS. WEIGEL: Good afternoon. My

name is Shannon Weigel, and I'm a resident of Oak

Park, Illinois.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

183

Please deny Ameren this

variance. Not only does this variance set precedent

for other companies to continue to pollute, it also

puts the public health at risk.

Sulfur dioxide contributes to

asthma attacks and chronic pulmonary disease. The

Respiratory Health Association estimates that this

variance alone would cause 2,000 asthma attacks and

125 premature deaths.

My youngest sister was

diagnosed with asthma when she was less than a year

old. When her first asthma attack happened, I was

10 years old and it was very terrifying. Seeing her

struggle to breathe at such a young age is something

that no family should have to experience.

Ameren is claiming that its

variance will somehow improve air quality, but the

bottom line is that it wants to continue running old

coal plants for five more years without installing

modern polluting control technologies.

As a resident of Illinois and

as a sister to someone who has asthma, please deny

this variance and support clean air.

Thank you.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

184

HEARING OFFICER WEBB: Thank you.

Tom Gannon from Ameren?

John Schwegler

(-S-c-h-w-e-g-l-e-r)? No John. Okay.

Marissa Dampf?

Rachel Casey?

Shawn Kitchens?

Glennon Hoff?

Robert Muesenfechter

(M-u-e-s-e-n-f-e-c-h-t-e-r)?

Michael Fiala (F-i-a-l-a)?

Steven Richard?

Leonard Hopkins?

Scott Ramsey?

Kevin Lorgat (L-o-r-g-a-t)?

Greg Russell?

Sandra Kaptain?

Joyce Blumenshine? I know she

might be back later this afternoon.

Peggy Knoepfle

(K-n-o-e-p-f-l-e)?

Brian Sander or Sauder?

Okay. We got one. Is that

S-a-u-d-e-r?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

185

MR. SAUDER: That's correct.

Thank you. My name is Brian

Sauder. I work for Faith in Place, and I'm here to

ask the Board to deny the variance for Ameren.

Faith in Place is a

not-for-profit organization in Illinois. We work

with religious congregations. We have a partnership

of over 900 congregations in Illinois, many of them

in the Chicago area but many of them in Peoria,

Champaign, Carbondale, and Bloomington-Normal as

well.

I stand here as a

representative of our partner congregations, and I

also stand here as a country boy. Great grandpas on

both sides of my family moved to central Illinois to

farm, and I grew up on that farm working day-to-day.

I bring up this account because I also grew up with

asthma. I grew up with asthma, dealing with that

and often having to go to the emergency room with my

parents.

So I guess I stand as a

country boy with a seminary degree representative of

the 900 congregations of Faith in Place, and I ask

the Board to deny this variance for two main
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

186

reasons.

One is for the future health

of our generations here in Illinois. This is a step

in the right direction to deny this variance and to

require the agreement that was come to in 2006 be

upheld.

Thank you.

HEARING OFFICER WEBB: Thank you.

Katie Mimnaugh

(M-i-m-n-a-u-g-h).

MS. MIMNAUGH: Good afternoon. My

name is Katie Mimnaugh, and I've lived in Illinois

my whole life, in Champaign-Urbana for the past

eight years. I'm a member of Prairie Rivers

Network, and I'm also a member of Students for

Environmental Concerns at the University of Illinois

at Urbana-Champaign.

I'm here to submit a statement

on behalf of Prairie Rivers Network in opposition to

the proposed variance for the Ameren Energy

Generating Company's Newton Power Station.

Prairie Rivers Network is the

state affiliate of National Wildlife Federation, a

nonprofit organization that strives to protects the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

187

rivers, streams and lakes of Illinois and to promote

the lasting health and beauty of watershed

communities. Much of our work focuses on how

environmental policies are implemented and enforced

in Illinois in order to protect our environment and

ultimately our health.

Prairie Rivers Network will be

submitting more extensive written comments within

the public comment period, but I would like to leave

members of the board with the basis for our

opposition to this proposed extension.

Number one. Petitioners have

failed to demonstrate that installing scrubbers is

technically infeasible and economically

unreasonable. Ameren hasn't even committed to a

definite plan to come into compliance with the

Multi-Pollutant Standard. Instead, Ameren's plan to

finish installing scrubbers is based on a

speculative improvement in the market for coal

generation. This is not consistent with the

guidance for when a variance to an adopted standard

is appropriate for approval by the Illinois

Pollution Control Board.

No. 2. Ameren is not offering
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

188

the State of Illinois any environmental benefits.

Instead it's asking the Board to allow it to

continue to run unscrubbed coal plants through at

least the end of the decade. If this extension is

approved, even more pollution will be released into

the air and even more people will face threats to

their health.

Currently, the air pollution

that is released from the Newton facility kills

about 25 people per year per the Toll from Coal

report that was released last year.

No. 3. Ameren should have

anticipated and remedied this problem years ago.

Ameren agreed to the Multi-Pollutant Standard in

2006 and benefited from it. Ameren received

additional time to reduce the mercury emissions from

its fleet of coal plants in exchange for a promise

to reduce emissions of their other pollutants. Now

Ameren wants to back out of its side of the bargain

and delay meeting the MPS SO2 emission limits until

at least 2021.

No. 4. Most importantly, if

Ameren receives this variance, a very bad precedent

will have been set. If Ameren can get an extension,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

189

what is to prevent every other coal company in

Illinois from asking and receiving an extension on

installing their pollution controls? Clearly, other

utilities in Illinois have been able to install

scrubbers according to schedule.

No. 5. Finally, the Illinois

Pollution Control Board cannot grant a site-specific

rule that is inconsistent with federal law. The

petition must demonstrate that the board may grant

the requested relief consistent with federal law

governing the subject of the proposal.

Thank you for your

consideration of our comments. Prairie Rivers

Network hereby urges the Illinois Pollution Control

Board to deny Ameren's request for a proposed

variance to the Multi-Pollutant Standard at their

Newton Power Station.

HEARING OFFICER WEBB: Thank you.

Vicky Clark?

MS. CLARK: Hello. My name is

Vicky Clark. I am president of the Economic

Development Council for central Illinois. We focus

on business retention, expansion and recruitment to

the Peoria, Illinois region, specifically, four
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

190

counties including Peoria, Tazewell, Woodford and

Mason.

We all understand the value of

a healthy environmental ecosystem. One of my jobs

is to cultivate a healthy job environment for

central Illinois in the Peoria area and thus, the

State of Illinois, and like a healthy ecosystem, the

job environment must be balanced.

I am asking for your

consideration to approve this variance because of

the 110 jobs at the Edwards plant in Bartonville,

jobs that are at risk if this is not approved.

These are livable wage jobs that create an

additional 450 jobs through spending in our economy.

This would mean a loss of over $124 million annually

to our economy.

I'm not asking you to change

the long-term intentions of these regulations. I am

asking for a variance that can help balance the

business climate in our region and in Illinois and

an opportunity for Illinois to be competitive with

neighboring states.

We recently had one of the

worst recessionary periods in our nation's history.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

191

People and businesses are still recovering, but

Illinois has a high level of regulations. We are

telling businesses to leave and not to come here.

Ameren is a valuable employer

and investor in our region in our state's economy.

Please consider this variance so they can continue

their important work.

Thank you.

HEARING OFFICER WEBB: Thank you.

Stephanie Simowski

(S-i-m-o-w-s-k-i)?

MS. SIMOWSKI: Good afternoon. My

name is Stephanie Simowski, and I'm a resident of

Cook County, and I'm here today to ask the Board to

deny Ameren's request for this variance.

Ameren made a deal to reduce

their emissions back in 2006, and now they want to

break that deal. This isn't fair to people in

Illinois, especially the residents located near the

plant and plant employees who are exposed to these

emissions.

In 2012, we have all the

necessary technology to move away from dirty coal.

I would like to see Illinois continue to move
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

192

forward, not stand still or move backward in the

field of clean energy. Especially after a summer of

record highs, clean air has been more important than

ever. We all know that dirty air has caused many

Illinois children to develop asthma and other health

problems. I hate to see the state paying the price

of medical costs due to weakening utility

regulations.

Throughout history, companies

have had to adapt to changing times. This is no

exception. Ameren has been given plenty of time to

plan and regulate. I would like to see them take

action now.

Thank you.

HEARING OFFICER WEBB: Thank you.

Bill Sheppard

(S-h-e-p-p-a-r-d)?

MR. SHEPPARD: I'd like to thank

you for the opportunity to speak today.

I'm with Electric Energy and

have been for 22 years. It was mentioned earlier

that Electric Energy, Inc. is involved at this

present time in layoffs. That's true. The reason

for that is largely due to the fact that you
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

193

wouldn't have dreamed six or seven years ago that

energy prices would be what they are today.

Six years ago when Ameren in

good faith entered into negotiations regarding the

Multi-Pollutant Standard, it was on some assumptions

that prices would be at certain rates, and I'm quite

sure that they didn't dream that they would be where

they are today, 70 percent lower than they were some

six years ago, so that obviously is -- I'm trying to

refute the fact that it was something deceptive that

Ameren has been trying to do.

I am concerned about the jobs

in our region and not only the jobs that are direct

employment at EEI but also contractors and vendors

as well. Our jobs are coveted in the area because

we're one of a handful or so of high paying

employers, and I can tell you as we try to help

people that are slated for layoff find jobs, it's

not easy. They can't find jobs to replace the ones

they have, so I'd hate to think of the impact there

would be if Joppa have to close later on.

In 2011, and I'm talking about

indirect jobs as well, in 2011, there were some

150,000 man-hours of building trade/crafts man-hours
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

194

worked at Joppa. Those workers came from various

Illinois towns and places as well as some from out

of state as well.

Over the last five years,

we've averaged spending $116 million per year with

Illinois vendors and suppliers. A large part of

that is with the transportation provided for the

coal but the rest is with other suppliers of

materials and supplies.

There was talk about EEI being

an old plant. It is, but since the early 1990s, we

spent $200 million upgrading the plant to keep it in

good shape. In fact, we had three independent

engineering firms come in and assess the plant

because we wanted to know should we consider

operating it on into the future.

All three of those said if you

would spend some money here and some money here that

you should be able to operate the plant until 2030.

So the idea that it's going to

close anyway regardless is not a foregone

conclusion.

I can tell you this. That the

chances of it closing what I would call prematurely
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

195

is much greater if this MPS variance is not extended

than it is otherwise.

HEARING OFFICER WEBB:

Mr. Sheppard, could I ask you to please start

summarizing your comments?

MR. SHEPPARD: Yes, you can. I'm

almost finished.

The Joppa area is a wonderful

place to live with an abundance of wildlife and

eagles and rivers and lakes for people to fish in.

We don't see the impact of the emissions from the

plant.

If Joppa plants are in

jeopardy, then so are the futures of other

businesses and union craft workers and charitable

organizations, and our local educational

institutions will also suffer, so I urge you to

please consider extending the variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Marissa Lieberman-Klein

(L-i-e-b-e-r-m-a-n - K-l-e-i-n).

MS. LIEBERMAN-KLEIN: My name is

Marissa Lieberman-Klein, and I'm a Chicago resident.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

196

I'm here to ask that the Board

deny Ameren this variance.

Ameren has known since 2006

that it needed to install this pollution control

technology, and it is something they should have

planned for at the time.

If profits have declined over

this time due to the market, that should not mean

that public health should fall to the wayside. In

addition, as other speakers have said there, is no

guarantee that if this variance is granted, Ameren

will not be back here in five years asking for

another one. In fact, if this variance is granted,

that would only create a precedent for Ameren to ask

for another one and for others to do the same.

It is not the job of this

board to protect the company's bottom line. Perfect

welfare does not guarantee jobs. The market may not

be better in five years. Granting this variance

does not guarantee job security. Only Ameren can do

that.

And I think we can all agree

that we don't like the idea of people losing their

jobs, and I believe that Ameren employees are doing
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

197

everything they said they're doing so far and are

very hard workers but the fact that the coal

industry is having problems in this market is a

reality that Ameren is not going to escape by asking

for this variance. Ameren should not be allowed to

operate outdated plants for an extended period of

time with no guarantee of an end.

I therefore ask you not to

grant Ameren this variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Mike Pullen (P-u-l-l-e-n)?

MR. PULLEN: I want to thank you

for this opportunity. My name is Mike Pullen. I'm

from Metropolis County, Massac County. I left at

5:30 this morning to be able to attend this hearing.

It's very important to me and my co-workers at

Ameren. I work at the Joppa plant as part of the

operations group.

I want to just briefly say two

things.

One is we talk about Ameren in

here as some evil entity. That's not the case.

Ameren and these employees you see out here, we're
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

198

the people that make the decisions every day on how

our plants are operated. We work hard. We do not

gamble. We do not fool around. We do not put off

our responsibilities. We operate our plants in a

safe, environmentally responsible manner. We take

our responsibilities very seriously. We comply with

the regulations, and we exceed them in most cases.

Secondly, I also serve as

president of the school board for Massac Unit

District 1. As Ms. Ptacek said earlier, we're a

rural area. About half of our district revenues

come from our local tax body. EEI, a Joppa plant,

is one of the major taxing bodies there. We lose

that plant, we lose our tax base, we're going to

struggle making our education go for our students

down there.

As we all know, the State of

Illinois is cutting back on the revenues they're

giving the districts, and we lose these local

sources, it's going to be very difficult for our

schools as well.

Thank you very much. I urge

to consider Ameren's request and hope you choose to

give them the variance.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

199

Thank you.

HEARING OFFICER WEBB: Thank you.

Amanda Guinn (G-u-i-n-n)?

MS. GUINN: Good afternoon. My

name is Amanda Guinn, and I live in Chicago in the

surrounding areas, and I have for my entire life.

As a former customer of

Ameren, I am particularly outraged at their lack to

consider the public health. Ameren's claim that

this variance will benefit air quality is completely

incorrect. Studies have shown that sulfur dioxide

emissions lead to the formation of a number of other

sulfur and oxygen containing compounds. These

sulfur oxides penetrate to the sensitive parts of

the lungs and have the ability to cause asthma,

bronchitis, emphysema and other respiratory

illnesses.

These emissions are

particularly harmful to individuals who already have

respiratory problems and other at-risk populations

including children and the elderly.

My grandfather passed away

from emphysema just last year, and I don't want the

same fate for my cousins, nieces and nephews. I
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

200

want them to be able to run around and play outside

without paying a visit to the emergency room.

Sulfur dioxide emissions are

directly connected to an increase in hospital

admissions and ER visits. Instead of relieving the

hardships of an electric company, we should be

focused on relieving the hardships of the American

people.

I'm not ignorant of the

hardships that some Ameren employees might face.

They are directly impacted by these actions as well.

It is extremely unfortunately that we live in a

society where large corporations try to manipulate

situations to create their own advantages. Ameren

took a gamble with this agreement in hopes that

later they would not have to comply, which is

particularly why we are all sitting here today.

If this variance is granted,

how do we know that they will not try for another

one in five years?

Ameren has not shown any plans

or intentions to clean up their act. They have not

made investments towards their end of the deal and

are now attempting to avoid the consequences.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

201

Ameren needs to be honest

about this with their own workers. They made a

commitment and must be held accountable. The

agreement was made clear to Ameren, and I'm not

willing to watch another corporation benefit while

the needs of the general public gets swept under the

rug. The board must not bail them out.

If this variance is granted,

then what stops their competitors that also agree to

these standards for following in their footsteps?

After years of benefiting from the MPS, it is time

for Ameren to give the people and our environment a

chance to benefit.

I ask the board that they deny

this variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Anthony Jones?

MR. JONES: Thank you for your

time. My name is Anthony Jones. I live in Grand

Chain, Illinois in Massac County, and I've worked at

EEI, the Joppa station, for five years in the

maintenance department, and I'm also an officer in

Local 148 for the bargaining unit there, and I'm the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

202

sole source of income for my household.

This is one of the few sources

of well-paying union jobs in some of the most low

average income and highest unemployment counties in

the state, and I believe this variance will help

maintain those jobs for a few years to come, and I

would like to ask for your support in continuing

with the variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Jeremy Barnhill.

MR. BARNHILL: Hi. My name is

Jeremy Barnhill. I've worked at EEI for three and a

half years, and ever since I have started there,

they have worked on what they are doing for the

environment, what they are going to change, what

they will do, and they're constantly working. I do

want to state that for everybody, and it will be a

definite loss for the economy, and I want to ask you

all to approve the variance for Ameren.

Thank you.

HEARING OFFICER WEBB: Thank you.

At this time, I'd like to ask

if anybody would feel like a five or ten-minute
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

203

break. Everyone okay? Everyone want to keep going?

Let's take five which means

absolutely promptly at ten.

(Recess taken.)

HEARING OFFICER WEBB: Let's go

back on the record.

We still have a couple dozen

left to speak, but before we pick up with public

comment, we have two board members who have thought

of some additional questions they would like to put

on the record for Ameren to answer in their

post-hearing brief, so I'd like to begin with them.

Board Member Zalewski?

MEMBER ZALEWSKI: Yeah, a quick

question.

The AG suggested a shorter two

year variance, and I was just wondering if Ameren

would comment on the feasibility of the suggestion

and the impact on air emissions.

MS. CIPRIANO: Absolutely.

MEMBER ZALEWSKI: Thank you.

MEMBER GLOSSER: I have a question

based on Michel Menne's testimony earlier.

Several of the public comments
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

204

referred to the benefit that Ameren has realized by

opting into the MPS.

Could you please comment and

quantify the benefit that Ameren has realized in

terms of controls for mercury, NOx and SO2? I'm

particularly interested in this perceived benefit

regarding mercury.

Thank you.

HEARING OFFICER WEBB: Thank you.

That second question was from

Board Member Glosser.

Okay. We'll go ahead and pick

up again with public comment.

I'll call John Bower

(B-o-w-e-r) from Ameren.

MR. BOWER: Thank you. My name is

John Bower. I am an employee at Newton Energy

Center, and I live near Newton, Illinois. I am in

support of the variance for Ameren.

When Newton Energy Center was

built, my dad and my uncle were part of the

construction, and now I am also an employee like I

said. I also have an aunt that works for Ameren.

My point is that if you deny
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

205

this variance, it would impact my family.

Like I said before, I've

worked here for four years, and I have heard

comments today that Ameren is doing nothing to

comply with emission standards.

In the short four years that

I've been there, I've seen millions of dollars being

invested in activated carbon injection and calcium

bromine for mercury emissions, and I've also seen a

multi-million dollar scrubber beginning to be

installed, so I would disagree with that.

Thank you.

HEARING OFFICER WEBB: Thank you.

I'd like to call, and I can't

really read this name very well, the first name is

M-a-y-t-e Guerrero.

Come on up and you can spell

your name for the court reporter.

MR. GUERRERO: Good afternoon. My

name is Mayte Guerrero.

HEARING OFFICER WEBB: Could you

spell that, please?

MS. GUERRERO: M-a-y-t-e

G-u-e-r-r-e-r-o.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

206

My name is Mayte Guerrero, and

I live in south Chicago my whole life. I am here

today because I am concerned about the toxins that

are released in the atmosphere due to coal plants.

Due to pollution, many of my

friends suffer from asthma attacks. I believe that

every person in Illinois has the right to breathe

clean air. I ask the board to protect everybody's

health by denying Ameren's request and prevent more

pollution from coal-powered plants in Illinois.

Thank you.

HEARING OFFICER WEBB: Thank you.

Rick Wolford (W-o-l-f-o-r-d)?

MR. WOLFORD: Good afternoon. My

name is Rick Wolford. I live in Wheeler, Illinois,

a small town in Jasper County, Illinois. I work at

Newton Power Station. I've been there a little over

25 years. I work in the maintenance department

there.

I'm here today to ask the

Board to consider approval of a variance that Ameren

has put on the table.

One thing I'd like to point

out, the average SO2 emittance under the variance
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

207

would be less than if the variance wasn't in place.

Everybody has talked today about jobs, not only

plant jobs but jobs throughout the county,

community, in support of Ameren and throughout

Illinois. And jobs bring on revenue. We spend that

revenue in the county, throughout the state. The

taxes that Ameren pays help support the community,

the infrastructure, the schools, the libraries,

etc., so I'd ask the Board to consider the variance.

Thanks for your time.

HEARING OFFICER WEBB: Thank you.

I'll call Rick Myers.

MR. MYERS: My name is Rick Myers

(M-y-e-r-s). I'm from Metropolis, Illinois. I work

at EEI in Joppa. I've been an employee there, I'm

in my 20th year. I'm a graduate of Southern

Illinois University in Carbondale, a six-year Navy

vet. I have two daughters, one at the University of

Illinois-Chicago, one in Edwardsville. They're both

intensive care nurses.

The job I have has provided me

the opportunity to send those girls to school, and I

appreciate that. My father-in-law retired from

Ameren.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

208

I've heard talk in here that

we don't have a plan. Well, we did have a plan in

2006. That plan was based on certain cash flow

studies to allow us to invest capital in scrubbers.

Funny thing about those guys

that build scrubbers, they want to be paid. We

can't afford to pay them right now due to the market

prices decline.

It's been implied in here that

maybe we haven't been in compliance, but to my

knowledge, we're in compliance and have been in

compliance of all environmental regulations and

limits to this point.

Finally, this idea of

corporate welfare, our government gives wind

generators $22 a megawatt on top of what they earn

in the market. If our government gave us $22 a

megawatt in addition to what the market paid us,

we'd have had scrubbers in five years ago.

I encourage you to support

this variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

David Jakubiak?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

209

MR. JAKUBIAK. My name is David

Jakubiak (-J-a-k-u-b-i-a-k), and I live in

Brookfield, Illinois. I appear today as an Illinois

taxpayer, as a survivor in the new economy, and as a

dad.

As an Illinois taxpayer, I

need to ask how many more times our state is going

to bend the rules for big business while families

make sacrifices. Ameren is seeking a waiver they

say because complying with the agreement that they

made is too expensive. I think we can all

understand what this means because we've all made

some expensive deals. I bought a house. I bought a

car. I went to college. I had children. But I'm

working hard because I want to uphold my end of

those deals that I've made because that's what

citizens do. We uphold our end of the deals that we

make.

I come to you today as a

survivor in the new economy. What I mean by this is

that I have seen my industry crash. I went to

college and became a journalist. I worked in

newspapers. I love newspapers. Just as coal is in

your blood, ink runs through mine except I have
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

210

brilliant timing. I got into the market just as the

Internet was taking off, and in my decade plus in

newspapers, I saw newsrooms shrink and shrink and

shrink, and then my pink slip came.

The whole time, we would have

executives come in. They'd fly in from San Diego or

they'd come in from some island in the South

Pacific, and they'd tell us that the Internet is

killing newspapers. The Internet is killing

newspapers.

When you're not employed, you

have a lot of time to think about this, and you know

what I realized? The Internet didn't kill

newspapers. What killed newspapers was the decision

to go after short-term profits instead of investing

in the infrastructure for long-term liability.

We had a tremendous

opportunity to seize on the new technologies that

were available except they chose to give out big

benefits to executives.

While I was figuring that out,

I got retrained, and I now work in online

communications.

Finally, I come to you today
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

211

as a dad. I have two children. I have a 5-year-old

son and I have a 16-month-old daughter, and they're

growing up in a changing world, and I want to do

everything that I can to ensure that the schisms

that we face today lead to a better tomorrow.

To the board, you have a

really difficult decision to make, but here's your

choice. Uphold the agreement that was made in 2006

or kick the can down the road to another generation.

Thank you for your time.

HEARING OFFICER WEBB: Thank you.

Roger Kerley (K-e-r-l-e-y)?

MR. KERLEY: Good evening. My name

is Roger Kerley. I work at Joppa at the EEI, and I

live at Cypress, Illinois which is 25 miles north of

Cairo, Illinois which is on the south end of the

state.

Anyway, I've been over at EEI

now for 24 years, and I'm the chief steward over

there in the union of Local 148 of Operating

Engineers, and I'm just here to tell you these jobs

are real important down there. We don't have a

whole lot of employment down there, and they are

important. They're important to the community and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

212

businesses alike, and I encourage you to support the

Ameren request.

Thank you.

HEARING OFFICER WEBB: Thank you.

Bruce Parker?

MR. PARKER: Good afternoon. My

name is Bruce Parker. I'm a resident of Massac

County, Illinois where the Joppa Energy Center is

located, and I've been employed at the Joppa Energy

Center for 23 years as an engineer there.

The Joppa Energy Center has

provided an excellent place to work not only for me

but for all the employees with an excellent safety

record and an excellent environmental record. In

fact, I've seen them, you know, we have spent many,

many millions of dollars installing mercury control

equipment and many millions of dollars every year

for mercury control or for activated carbon for

mercury control.

The Joppa Energy Center has

allowed me to put my kids through college and

provided medical insurance for me and my family to

cover medical issues. The Joppa Energy Center

provides millions of dollars in salary to the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

213

employees and extending benefits out into the

community and paying taxes into the community that

supports it.

The Massac County where I live

has experienced a shutdown and massive layoff of

nearly all of the industry in the county. In fact,

we've even had layoffs at the Joppa Energy Center.

The Massac County or the county board struggles

weekly to be able to pay their bills. The shutdown

of the Joppa Energy Center would be devastating not

only to me and my family as there is no other jobs

comparable in our area but also to the community due

to loss of tax revenue and general donations.

Ameren is only asking to defer

the compliance date, not eliminate it, until it can

financially afford to install pollution control

equipment.

I urge the Board to support

and grant Ameren's variance request.

Thank you for allowing me to

speak.

HEARING OFFICER WEBB: Thank you.

Seth Johnson?

MR. JOHNSON: Good afternoon. I
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

214

first would like to thank the board for holding this

hearing. It's starting to get a long one at this

point.

I'd also like to thank

everyone who's gotten up here to testify today. It

isn't easy to stand up here.

Today there's been a lot of

things that have been said, a lot of things have

been seen, there's a lot of things that have been

unseen. There's a lot of things that are happening

in this room and there's a lot of things that are

happening around this variance.

To me, this is about local

people and their health. This is about people

around the plants and throughout Illinois. It's not

about how much coal China burns. This isn't about

CO2. It's about SO2.

To me, there's no question

that workers care about the environment, and they

care about public health, and they also deeply care

about their communities they live in and that they

want to see prosper and benefit.

To me, Ameren took a chance on

deregulation. With any chance or with any gamble...
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

215

that word has been thrown out a lot today...you

assume the risk as soon as you throw the dice.

I think that Ameren needs to

be offering up more information about what's

happening with the plants, what's being looked at as

options, and what is going to be the long-term goal.

Workers have come up here to

say that they are being told, that Ameren is telling

them what's going on. I think that's fantastic. I

think that's great. Open communication is key here.

I think that there needs to be more of it though.

There needs to be more understanding of what's going

on.

Ameren says that it will

complete the scrubbers at Newton if power prices

improve, but what happens if power prices stay low.

If power prices stay low, is the unfortunate truth

that Joppa and Edwards are going to have to close

anyway? Is there just shifting of blame happening?

I believe it's time for Ameren

to come out and tell us more. There needs to be

more information.

I also believe that this isn't

an easy decision. This isn't one that should be
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

216

taken lightly, and this isn't one that should be

left without a public comment. We're here today

hearing a lot of public comment. I think it all

needs to be weighed in.

I believe that Ameren's

petition for variance should be denied, but that's

just my opinion. There's a lot of opinions being

offered today.

I thank you again for holding

this hearing, and I hope that the Illinois Pollution

Control Board looks into everything before they make

their decision.

Thank you.

HEARING OFFICER WEBB: Thank you.

Julie Wilke (W-i-l-k-e)?

MS. WILKE: Good afternoon. My

name is Julie Wilke. I work at Electric Energy in

Joppa, Illinois. I'm in Human Resources, and I've

been there eight and a half years. I do live in

southern Illinois, and I have kids who attend

Joppa-Maple Grove School District.

If this extension was not

granted and the decision was made to close the

plant, it would have a major impact on my family.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

217

EEI is a great company. It

offers good benefits, good wages, and EEI truly

cares about their employees, the employees'

families, the community, and it's not the type of

job that just comes along on an everyday basis, so

to try to find another job in our area that's even

remotely comparable, it's going to be a very hard

thing to do, if possible at all.

EEI is very well respected in

our community. It's a good corporate citizen. We

give a lot of money to various organizations in the

area. One of our largest organizations that we

support is the Telethon of Stars who supports

children and adults who have special needs or

physical therapy needs, occupational therapy, that

kind of stuff, and as a mother of a child with

special needs, I would hate to think that those

services would go away or be decreased as a result

of lower contributions.

The list goes on and on of

ways that EEI supports our community. We give

scholarships to the local community. We assist our

schools. It would be devastating for our local

economy and our community if the decision was made
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

218

to close EEI. Therefore, I would ask that you

please consider granting this request.

Thank you.

HEARING OFFICER WEBB: Thank you.

Andy Todd?

MR. TODD: Thank you for having us.

My name is Andy Todd. I'm an instrument control

tech at Electric Energy in Joppa, have been for ten

years, a member of the Operating Engineers Local

148. I'm in support of the variance.

I'm a father of an 11-year-old

that enjoys baseball, 4-H, shooting sports. All

this is supported by EEI. A lot of these programs

couldn't be supported if it weren't for EEI.

Like Julie said, there's

several donations made from the plant and the

employees of the plant to just about every...Relay

For Life, United Way. There's too many to list.

Anyway, much of the economy is

also dependent on coal and coal-fired plants, and

this decision, it's very important. So what I say

is please let this variance give time to improve SO2

and NOx emissions, not create more problems

financially I guess.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

219

I think it's been stated

already...

HEARING OFFICER WEBB: Mr. Todd

could you speak into microphone, please?

MR. TODD: I think it's been stated

already that we work very hard to keep the

environment clean. I'm proud to work for a company

that does that, and I truly believe that we do.

I think, and I've been told

and I believe this, that this variance would create

a net reduction of emissions over the time that this

variance is going to be allowed.

We all want to reduce

emissions, and let's do it in a way that doesn't

adversely affect all of us.

That's all I have. Thank you.

HEARING OFFICER WEBB: Thank you.

Charles Henderson?

MR. HENDERSON: Good afternoon,

ladies and gentlemen. My name is Charles Henderson.

I work for EEI, Joppa, down in southern Illinois.

I've been there for 20 years. I work in the fuel

processing department, and this job has allowed me

to put three girls through school, has helped the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

220

community. It would be a great loss not only to me

but to a whole bunch of people in southern Illinois

and the community if this didn't pass.

I thank you, and have a nice

day.

HEARING OFFICER WEBB: Thank you.

Allison Fisher?

MS. FISHER: Good afternoon. My

name is Allison Fisher. I'm a resident of Illinois,

and I currently reside in Chicago, and thank you

guys so much. I know this is a really long day and

thanks so much for listening to everybody's stories

and testimonies. It's so important that we have

public processes like this one.

I'm actually going to read a

letter from Mary Ellen DeClue who couldn't be here

today. She lives in Litchfield, Illinois, and she

has some medical issues so she couldn't attended.

I'm going to read her testimony.

Thank you for allowing

citizens to express their concerns regarding this

issue today in Springfield. Due to medical issues,

I cannot attend this important meeting but I've

prepared a statement.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

221

I've attended several public

hearings regarding requests by Ameren for exemptions

and variances from environmental oversight. My

concern is that Ameren does not fully accept the

harm to health and to the environment that is caused

by coal emissions and coal ash. Compliance happens

because of required pollution controls and a

required time schedule. Please do not allow a time

delay for scrubbers installation with the thought

that if delayed it would only trivialize the

importance of lower emissions.

Ameren's focus is on the

financial aspects of providing electricity, not the

promotion of health in communities. This is

reflected in business articles that discuss

rationale for why Ameren has delayed pollution

upgrades.

Ameren in the past has

explained that failing to upgrade pollution

equipment is not due to financial viability but

rather it wanted to step back to see how financial

markets played out. There was encouragement for

investors to continue investing in Ameren who will

continue to make money for them.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

222

At a hearing in Coffeen,

Illinois regarding Ameren's request for a variance

to allow higher temperature ranges in its cooling

lake, a citizen asked what happened to the posted

signs that warned of eliminating consumption of fish

due to mercury content. There are scheduled fishing

tournaments and recreational events, but there is

little visible evidence that water quality is a

health concern to Ameren.

How to handle coal ash and

contaminated water from coal ash have major issues

that establish the dichotomy of a community versus

corporation. One faction finds toxic chemicals in

air and water, and the other results that no

violations have happened and no harm done. Even

investors are questioning Ameren's environmental

policies and discouraged with Ameren's lack of

transparency.

Please enforce and continue to

adhere to the highest standards for all. Ameren

will abide by the regulatory regulations if it's not

given an option.

And I just wanted to say thank

you so much for everything you're doing here today,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

223

and I hope that you will consider public health and

everyone's right to breathe clean air and have a

wonderful quality of life in making your decision,

and I urge you to deny the variance request.

HEARING OFFICER WEBB: Thank you.

Larry Millspaugh

(M-i-l-l-s-p-a-u-g-h)?

MR. MILLSPAUGH: Hello. My name is

Larry Millspaugh. I work at Newton Energy Center,

and I live just a few miles south of there. I've

worked out there 28 years. It's been my life

basically. It's let me raise my kids, put the kids

through school. It lets me provide for me and my

wife.

If we don't get this variance,

we have the potential to affect many of the lives in

Jasper County as well as in Massac and up at the

Edwards Station. All the plants in Illinois, we

utilize a lot of vendors in Illinois. We use a lot

of organized labor, and, you know, this is not just

a small reaching thing. It will affect the local

economy by the reduction in taxes, donations, ties

to churches, different things.

As far as, you know, our not
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

224

being good environmental stewards, that's not true.

We've spent millions of dollars on our activated

carbon to capture mercury, and we've spent millions

of dollars a year for safety for our employees.

We just went one year without

a reportable accident at our station. That's not

easy. We have a lot of moving equipment out there

and everything. It's easy to get hurt if you don't

keep ahead of everything.

We upgrade our steam

efficiency all the time so we can burn less coal to

produce that electricity, and I'd like to

respectfully ask you to take this into consideration

and approve this variance.

HEARING OFFICER WEBB: Thank you.

Deborah Goodwin?

MS. GOODWIN: Good afternoon.

Thank you so much for giving us an opportunity to

speak today.

I'm Deborah Goodwin. I work

at the Newton Energy Center. I've been an Ameren

employee for 22 years. 21 years I worked at the

Hudsonville Power Plant that closed its doors

December 31st of 2011, and I must say that was a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

225

life changing event for many people after all those

years. There were 40 people there, and we worked

very hard to keep the plant running within every

environmental restraint, but the economic downturn

was difficult for us.

I'm very grateful to be an

employee of Ameren. If it weren't for Ameren, my

livelihood would be much different. My biggest

concern is the young generation of workforce. At

the Newton plant, we have 141 employees. 106 are

under the age of 55, so if the variance was not

passed or approved, those people would be, you know,

vulnerable to like the displaced workers of

Illinois, and we don't need any more of that.

Like I say, I thank you. I

appreciate everybody's comments today, and I hope

and urge that you will give Ameren, give us time.

The economy will come back,

and I think it will be with a vengeance, and we need

to be ready for that.

So thank you very much, and

you have a difficult decision. Thank you.

HEARING OFFICER WEBB: Thank you.

Tab Walker?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

226

MR. WALKER: I'll just leave this

here. It gives us a little information about our

place.

MS. ROCCAFORTE: Thank you.

MR. WALKER: My name is Tab Walker.

I probably have a little

different testimony than anybody else in this room.

I'm not an Ameren employee. Don't have anything

against anybody else in here either. I'm an

independent business owner that built a fishing and

hunting lodge with the Newton Ameren plant right in

my backyard. I've lived there pretty much my entire

life, and I know I could go on and talk about all

the economic things for the community and all that

sort of thing but I know a hundred other people are

going to do that same thing so I'm going to

primarily just talk about what it means to me.

For these guys, it's a job.

For me, it's my entire existence. I built this

lodge with basically every penny I had on earth

eight years ago. The reason why I did it was

because the Ameren Energy Plant warms this water all

year long, and it made for one of the best bass

fisheries in the country. I know that sounds like a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

227

byproduct but you guys are doing good over there.

Because of that, over eight

years time, we've become more successful all the

time. We've done 43 television shows with all the

biggest fishing names in the country. We have

thousands of people from other states that visit our

facility.

We have busy times. With the

fishing season, it's busier sometimes more than

others, and actually right now during our slow

season, contractors from Ameren are staying with us.

In fact, we have six guest cabins and five of them

are filled with Ameren contractors right now, so I

don't think I need to tell you how that affects our

economy. It's pretty obvious.

If the Ameren plant were to

leave at any point in time in the near future, you

know, these guys are talking about losing their job,

I'd lose every penny I had in the world, so if that

gives you some indication of how important it is to

me, and again, I'm as impartial as anybody in this

room. I don't work there.

I took an electric car for a

drive a week or two ago, but guess what, even if I
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

228

got that, these guys right here would have to make

more electricity for me to drive that thing.

HEARING OFFICER WEBB: Patty Rykhus

(R-y-k-h-u-s)?

MS. RYKHUS: Hi. I'm Patty Rykhus,

and I live in rural Taylorville, Illinois, and I'm

speaking here today as a private citizen. I'm a

retired immunohistochemist and also a business and

systems analyst.

I want to thank the board for

offering me the opportunity to speak today.

I hadn't planned on speaking

today. I researched and just thought I was going to

sit in the back row and just kind of listen to

everybody's opinions, but the longer I sat back

there and listened, it just became apparent to me

that this situation was foreseeable. The company

chose to be here today at this time, and I feel

they're taking a calculated risk.

There's no question that the

company needs to make capital investments and

improvements period. I think that's pretty much

nonnegotiable. Also, it appears to me that they

needed to take significant steps over six years ago
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

229

to move their company forward.

I know the variables in the

market affect them. However, the choices they made

showed that they actually let that steer their

decisions.

The whole situation reminds me

of my boys when they were young adolescents. I was

awoken by them one morning, early hours, about

4:30 a.m. to have my oldest one who was 11 at the

time tell me that he needed two dozen chocolate chip

cookies homemade. And I said, okay, when? He goes

today. I asked him how long ago he'd committed to

me making these cookies, and he said, oh, a couple

weeks ago.

Well, to make a long story

short, the Cub Scouts did not get homemade chocolate

chip cookies that day. I ended up getting both boys

up. We went to a 24-hour store. We purchased store

bought cookies, and I accompanied my boys to their

Cub Scout meeting after school and after I got off

work and had them explain to the Cub Scouts why they

didn't get their homemade cookies, that the boys had

forgotten to inform me and at the last minute we did

our plan B.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

230

Not only did we do plan B but

our plan C was I had both of my boys join me in the

kitchen later. We made three different kinds of

cookie doughs, froze them in little balls, put them

in containers in the freezer.

What does this have to do with

Ameren? Well, I think there has to be some

consequences to some poor decisions, and I asked the

board to make sure that happens.

You may ask how does this

affect me. Living in Taylorville, I am downwind of

Dominion and the City Water Light and Power. The

precedent of allowing yet another extension to

Ameren could have a very direct impact on my air

quality too as well as everybody else in the state.

I think it's time for Ameren

to compete on a level playing field with other

electrical suppliers in the state and that an

extension to Ameren sends a very poor precedent.

Mercury, SO2...

HEARING OFFICER WEBB: Ma'am, could

you begin wrapping up?

MS. RYKHUS: ...levels in our air

should not be negotiable.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

231

HEARING OFFICER WEBB: Thank you,

ma'am.

Gary Washburn?

MR. WASHBURN: My name is Gary

Washburn. I live in Effingham. I work for the

Newton Energy Center. I've had the privilege to

work there 32 healthy years, and we have some of the

best fishing in the State of Illinois.

I've been setting back there

trying to think what am I going to say when I get up

there, but Ameren means a whole lot to me. I have

raised five children. I have one now attending

DePauw University. He's an assistant professor at

the University of Illinois-Chicago. He's not there

because I wasn't doing anything. He's there because

I was working for Ameren.

Ameren means a lot to my

family. It means a lot to the community, and I hope

that you support the variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Ed Worthey (W-o-r-t-h-e-y)?

MR. WORTHEY: My name is Ed

Worthey. I work for Ameren at Newton, Illinois, and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

232

I just want to say that I am for this variance.

I have a daughter that I put

through school, and she's the principal there at the

grade school, and I also have a son-in-law that

works for the high school.

When this news come out that

Ameren may shut their doors, first thing they did,

they called me and said dad, do you know what kind

of impact in Jasper County this will have? Yes,

Amy, I know.

So this could impact

everything in Jasper County, all surrounding

counties. Please think about the variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Andy Bloemer (B-l-o-e-m-e-r)?

MR. BLOEMER: Good afternoon. My

name is Andy Bloemer. I work for the Newton Energy

Center. I've been there for almost four years now.

I'm a mechanical engineer there.

As far as an engineer goes,

I'm just getting my feet wet as far as getting into

some of the technologies we have there.

The comments have been made
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

233

that we haven't done anything since 2006. We put a

scrubber on two of our Coffeen units. We put a

scrubber on Duck Creek unit. We're currently

working on the one for our two Newton units. We're

just asking for more time to get there.

The economy has changed since

then. We've had a plan. We did have calculated

risk, and we were working toward that plan and the

economy went in the tank. We carried through to

last year finishing up our scrubbers, and here it's

2012, four years after the economic crash, and now

we're to where we have to ask for help and hope that

we can approve the variance to get us to the other

side.

HEARING OFFICER WEBB: Christine

Nannicelli (N-a-n-n-i-c-e-l-l-i-)?

MS. NANNICELLI: Good afternoon.

Thank you for the chance to speak today.

My name is Christine

Nannicelli. I'm an Illinois resident, and I'm with

the Sierra Club which is the largest grassroots

environmental organization in the nation.

I'm here very simply today to

represent the 2,124 Illinois residents who are
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

234

submitting public comments to the board asking that

you reject Ameren's petition for a variance.

Let me just read you a quick

sample of what the comments look like.

In 2006, Illinois made history

by passing a leading air pollution reduction

standard. The original agreement included new clean

air standards for mercury, sulfur dioxide and

nitrous dioxide which create acid rain and smog as

well as many health-related problems.

Ameren committed to a schedule

for reducing its SO2 and NOx pollution in return for

more time to make its mercury pollution reductions.

The state upheld its side of

the deal but now Ameren is trying to solve cleaning

up its coal plants like it promised to.

Please reject the company's

request for a variance and hold the company to the

standard passed in 2006. The agreement to reduce

air pollution is vital in protecting public health

and the environment throughout Illinois and the

Midwest. This is critical for my health, our

environment and the Midwest future.

Thank you. And again this is
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

235

on behalf of 2,124 Illinois residents from all over

the State of Illinois.

Thank you.

HEARING OFFICER WEBB: Thank you.

Chris either Hankins or

Hawkins?

Hang on a second. I'm sorry.

Christine, did you just drop

this off?

MS. NANNICELLI: I did.

HEARING OFFICER WEBB: Okay. I

need to either -- well, just see me at a break,

okay, and I'll discuss what I need.

MS. NANNICELLI: We're going to

submit some in Chicago as well.

HEARING OFFICER WEBB: Are you

going to file it with the clerk of the Board?

MS. NANNICELLI: Absolutely.

HEARING OFFICER WEBB: Okay. So

this is just a copy so I don't need to do anything

with this. I'm going to write copy on it.

Is it Hawkins or Hankins.

MR. HANKINS: Hankins

(H-a-n-k-i-n-s).
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

236

HEARING OFFICER WEBB: Hankins.

Okay. Chris Hankins.

MR. HANKINS: My name is Chris

Hankins. I live in Newton, work at the Newton Power

Station as a fuel handling operator.

I've been with the company

three and a half years. I've got about 30 more to

go. I'm hoping that you will consider this. I do

stand with Ameren on this of course. I want to

continue my career and maybe get to retirement.

Thank you.

HEARING OFFICER WEBB: Thank you.

Gerod Briggs; G-e-r-o-d.

Briggs is B-r-i-g-g-s.

MR. BRIGGS: My name is Gerod

Briggs. I work at the Newton Power Station.

Previously worked at the Hudsonville Power Station.

It closed. That gave me an opportunity to go to

Newton, and now we're hearing this, so I would

really appreciate if you would consider giving them

their variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

John Marschewski
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

237

(M-a-r-s-c-h-e-w-s-k-i)?

MR. MARSCHEWSKI: Hi. My name is

John Marschewski. I live in Effingham, Illinois,

and I worked at the Newton Energy Center for five

years. I'm in the electrical department, and I

moved to central Illinois specifically for that job.

I'm here to show my support

for Ameren's request for a variance mainly due to

the potential economic impact not only to myself but

to my family and to the entire area of Newton,

Effingham, the whole three- or four-county area.

That's the main reason I'm here.

I just want to make a couple

comments about things that have been said because

I'm not going to say anything new that you haven't

already heard so I do appreciate you letting me

speak at least.

I would comment on the fact

that Ameren has done more than nothing. I live it

every day. I've worked on the equipment that's been

put in in the five years. I've been there for

activated carbon, calcium bromide, not to mention

the precipitators that remove particles from our

effluent. I'm constantly working on that and
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

238

developing ways to make it better and keep it on

line.

The only other comment I would

make is I'm for green energy just as much as anyone

else, but what everybody has to realize is it's not

free. It does take money to create the green

energy, and with the economy the way it's been,

that's why we're in the situation we're in where

this variance is being requested, so I would

appreciate your consideration.

Thank you.

HEARING OFFICER WEBB: Thank you.

Travis Blake?

MR. BLAKE: Hi. My name is Travis

Blake, and I live in the Newton area. I've been

employed at the Newton Power Station for eight years

as a certified welder, and I'd like to ask you to

support this variance for Ameren.

Thank you.

HEARING OFFICER WEBB: Thank you.

Roland Chapman?

MR. CHAPMAN: Hi. I'm Roland

Chapman. I work at the Newton Power Station, have

for five years, repairman, and I just live north of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

239

Newton, and if this power plant would close, it

would be devastating for the school system, the

community, and for the small businesses.

Thank you.

HEARING OFFICER WEBB: Thank you.

Kenny Johnson?

MR. JOHNSON: Hello. My name is

Kenny Johnson. I'm also from the Newton Power

Plant. Been there about 12 years; with the company

about 17.

You know, I've heard a lot of

people talking here, I've heard a lot of opinions,

and I guess some of the stuff is just what I think

or what this person said. You know, power plants

isn't who's doing everything. We've got a lot of

cars in the cities. You know, some people are from

Chicago. You know, that hurts. That hurts. We've

got a lot of pollution from other things other than

power plants. I mean, I hope the board looks at

this, and sees that this is not the only thing

that's hurting the air. It's not. It's just a

small, small portion of it.

So, you know, it's going to

affect our life, our families, and I wish you would
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

240

support Ameren in their variance and help us out

here.

Thank you.

HEARING OFFICER WEBB: Thank you.

Twyla Harvey?

MS. HARVEY: My name is Twyla

Harvey, and I work at the Newton Power Station, and

I've been there for 32 years, and during that time,

I've raised a family and I've put my daughter

through school. She's a PA in Aurora in cardiology,

and I have a grandson now, and as employees at

Newton Power Station and the other Ameren plants, we

do care about clean air and what's going on in and

around our counties.

For Jasper County, it would be

devastating. Our plant pays 50 percent of the

property taxes that are paid in Jasper County, and

it would devastate the schools. Over half of our

taxes go just to support the Jasper County schools.

So I ask the board to please

consider granting the variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Paul Hardiek (H-a-r-d-i-e-k)?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

241

MR. HARDIEK: Thank you.

My name is Paul Hardiek. I

work at the Newton Energy Center. I'm production

superintendent there, and I've worked there for 15

years and very proud to work there, very proud of

our environmental stewardship and economic

development we've done in that area from the time

I've been there.

I'm a professional engineer as

well. I went to school to solve problems, look at

big pictures. I see a lot of narrow-mindedness in

this room, and the big picture is jobs and

environment, and we're supporting a solution to

that, and I ask the board for that support.

Thank you.

HEARING OFFICER WEBB: Roger Bass?

MR. BASS: Hi. My name is Roger

Bass. I've been at Newton Power Station now for 36

years including part of the construction of that

plant. When you talk about the old outdated power

plants, that's me because I've been there since it

was built.

You know, there's been a lot

said that Ameren hasn't done much for the
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

242

environment. Back in 1979 when it was still CIPS,

Central Illinois Public Service, we put a scrubber

in. It ran for a few years; a lot of work to keep

it going. There is a lot of time spent there. It

turned out it wasn't economically feasible to have

it so we went to Western Coal so we could meet the

compliance for the State of Illinois.

Now we're trying to build

another scrubber. The economy is in bad shape. All

we're asking is for a variance for five years.

We're not asking to do away with it. Like I said,

I've seen what it takes to run a scrubber, and it's

not an easy task. You want to make sure you get it

built right to make it work right, and so I hope you

approve the variance.

Thanks.

HEARING OFFICER WEBB: Thank you.

Larry Quick?

MR. QUICK: Hi. I'm Larry Quick.

I'm also with Ameren's Newton Power Station. I've

been working there for 32 years.

I do ask that you honor

Ameren's request for a variance.

Electricity, everybody in this
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

243

room uses it. Green energy, it's the wave of the

future. Somewhere in between, we've got a big

transition of years, and, you know, the bottom line

is coal is still the most abundant source of fuel

that we have for our electricity created right now,

so the question is or the trick is how can we burn

it cleanly.

Ameren has been a good steward

in the 32 years that I've been working there. They

have spent millions upon millions of dollars

investing in state of the art equipment to help

bring down the pollution, so I ask the board to

grant Ameren's variance.

Thank you.

HEARING OFFICER WEBB: Thank you.

Art Meyer?

MR. MEYER: Hi. My name is Art

Meyer, and when we look at the variance to grant it

or not to grant it, I would like to point out that

when we look at possible deaths from air pollution

that economists estimate the value of a human life

somewhere between two and ten million dollars. That

sounds cold-hearted but economists would use that in

any type of calculation, and you're trying to do a
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

244

cost benefit type analysis on granting this

variance.

I heard everybody is cognizant

of the fact that mercury is a neurotoxin, and sulfur

dioxide causes health problems, so I would just ask

you to enter that into, if you're doing any kind of

cost benefit analysis, to make sure that you enter

that in, the value of human life.

The other brief points that I

want to make would be that I don't want to see a

race to the bottom. It was mentioned here that we

could ignore -- that there's a tradeoff between

regulation and job. Well, where do you draw the

line. If you deregulate in Illinois or you grant

variances, then in order to bring jobs, keep them

from going to another state, then if that state then

retaliates with also granting a variance, then

you've got a race to the bottom, and that's what

happened with the banks and the financial fiasco

that we had with the financial crisis. It was a

race to find the most lax regulator that they could.

So I don't want to see a race to the bottom.

It was mentioned that in the

great recession, sales were down; therefore,
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

245

corporations were hurting. I think it is a fact

there that even though their sales were down, their

profits were up at the same time. That's a matter

of public record. Anybody can check that.

I'm against granting the

variance. I just don't think that the benefits of

granting the variance outweigh the cost. I think

the costs outweigh the benefits because how precious

human life is.

HEARING OFFICER WEBB: Thank you.

Lindell Wenthe; L-i-n-d-e-l-l

W-e-n-t-h-e.

MR. WENTHE: Lindell Wenthe.

I'm a lifelong resident of

Effingham County, Jasper County. I started at

Newton Energy Center 34 years ago. I live about

four miles from the plant. I think I live in God's

country. Now, that's opinion.

As an engineer, I like to let

the data speak for itself. I've worked there 34

years. Each and every year, Newton Energy Center

has met or exceeded all emission standards.

AER is a great environmental

steward. AER spent over a billion dollars for
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

246

emissions controls. Newton Energy Center has spent

hundreds of millions of dollars on our scrubbers.

AER could not have forecast the steep decline of

market prices we've seen over the last couple of

years.

Please grant this variance.

HEARING OFFICER WEBB: Thank you.

J. D. Weaver?

MR. WEAVER: Chairman, ladies and

gentlemen of the Pollution Control Board, thank you

for giving us this opportunity to present today.

You know, coming up here

today...first of all, my name is J. D. Weaver. I

work at the Ameren facility in Duck Creek. Prior to

that, I worked at the Dynegy plant in Havana,

Illinois. In '94 I was laid off from there due to

the economic conditions shutting units 1 through 5

down. Six years later, I was fortunate enough to be

employed with Ameren and have worked there for 12

years.

Coming up here today, I didn't

really think -- I'm not really a person to do public

speaking but I thought I'd probably be remiss if I

didn't give my 5-year-old boy a chance to say I did
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

247

everything I could to remain gainfully employed, and

in doing that, I didn't really want to come up here

with an "us versus them" mentality, but coming at

the decision upon us from a team approach, at

Ameren, we use the TEAM concept and use the acronym

TEAM as "Together, everyone achieves more," and in

doing so, I wanted to try to put together maybe a

common theme or some type of analogy that most

people in this room can relate to or will relate to

in their lives, and that is, all of us at some time

will get a job or have a job and when they go out,

they find their house of their dreams, whether it be

in the city, a farm. They go to the bank. They

borrow the money to help finance that dream, the

American dream, and in doing so, they build, they

upgrade, they fix up their house to make it the

prettiest house on the block, the prettiest farm,

the most productive farm, but sometimes there's

circumstances that come about that are out of

people's control. The person may be in an accident.

That's not their fault. A person may get a

debilitating illness and a person may lose their job

because their company moves, all of which are

circumstances that they could not foresee or was out
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

248

of their control.

If that happened to that

person, they would do the prudent thing. They would

go to the bank, to the loan officer, and they would

try to restructure that loan, that debt obligation

that they agreed to in order not to affect their

credit rating, to do what's right, to do what you

would do with integrity.

From a banker's standpoint,

they would try to work with that person and try to

maybe restructure the loan, try to work with him on

his payments because they don't want that house in

an economy which they wouldn't be able to sell. So

in that case, working together was a win-win

approach.

This is really not about home

ownership. It's really about the situation we have

at Ameren. At Ameren in our coal-fired facilities,

we build our houses in Canton, Illinois, Duck Creek,

Bartonville, E. D. Edwards, Newton, Coffeen and

Joppa. We've upgraded those facilities. We've

built that house. We've made it the best we can

make it by spending over a billion dollars.

HEARING OFFICER WEBB: Sir, could
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

249

you maybe summarize?

MR. WEAVER: Exactly.

In doing that, we're not

trying to -- we've done our part. We've tried to

meet our obligations, and we're not skirting the

issues. We know our environmental obligation.

We're trying to achieve it, and for the people of

the board, we're just asking you to be the banker;

to just give us the time so that the market can

recover so the power prices that we're facing can

get the cash flow to where we can afford to finish

the scrubbers.

Thanks for your time and God

bless.

HEARING OFFICER WEBB: Thank you.

Brad Beisner (B-e-i-s-n-e-r)?

MR. BEISNER: My name is Brad

Beisner. I live in Robinson, Illinois. I work at

the Newton Power Station. I've worked for Ameren

about 13 years. I worked at their Grand Tower Power

Plant, their Hudsonville Power Plant, and their

Newton Power Plant for about the last ten and a half

years.

I've heard a lot of statements
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

250

today on varying opinions. I've got to agree with

one individually. This is a very big picture. It's

kind of a tangled web of a lot of different views,

but you guys have a really big decision to make, and

I hope that you at least consider the variance

simply for the fact of this is a company that has

spent since 2006 over a billion dollars to do this,

but you can't squeeze blood from a turnip. If they

don't have the money, they don't have the money.

That's kind of a hard thing

for me to say because I am the chairman of that unit

which is represented by IBEW Local 702 out of West

Frankfort, Illinois, so you don't ever want to say

that, well, I agree with these guys that they

probably don't have the money. They've already told

you they've already spent over $230 million at

Newton alone.

They're not asking you to

suspend it indefinitely; a variance of five years.

If you don't like the five years, suggest something

else. Suggest three, two, something.

You've got to find a

compromise somewhere because if you hold a hard

stance and they hold a hard stance, you could be in
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

251

a worse position, the state, the local communities

affected by these three power plants, in a worse

position than what you started if the plant is shut

down. Somebody made the comment earlier, you're

still going to get the electricity but it won't be

from Illinois, so you can have the strictest

standards you want and strive for excellence and if

you shut the companies down, there's going to be a

company in a different state that doesn't have this

standard.

So I ask that you consider the

variance strongly and approve it.

Thank you.

HEARING OFFICER WEBB: Thank you.

Skip Moore.

MR. MOORE: Hello. My name is Skip

Moore. I'm a certified welder for Newton Power

Station. I've been there for 20 years. Previous to

that, I was a boilermaker for 15 years, so I've been

around a little while, and in those 35 years there's

been a lot of changes, I mean a lot environmentally.

Millions and millions of dollars spent to make this

a greener earth and a better place to live, so I'm

here to support this variance for Ameren.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

252

And I'd like to also tell you,

I do have asthma but I figured the good Lord give

that to me. It wasn't something that was man-made.

Thank you.

HEARING OFFICER WEBB: Thank you.

Mitch Seibert (S-e-i-b-e-r-t)?

MR. SEIBERT: My name is Mitch

Seibert. I'm from Newton Power Plant. I live in

Teutopolis which is a small town close to Effingham.

I've been with the company about ten years. Didn't

work in a power plant before then. Worked several

different jobs. Heard a lot of stories about power

plants, a lot of stories about pollution. I learned

a lot when I went to work for a power plant.

We pay very close attention to

our pollution every day. As has been said, we spend

a lot of money. We also plan on spending more

money. We're just asking for an opportunity to get

more time so we can stay cash positive in a very bad

economy.

I would request that the board

give us the variance so that we can get what they

want and what everybody else wants. We want to meet

compliance.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

253

I thank the board for giving

me the opportunity to speak.

Thank you.

HEARING OFFICER WEBB: Thank you.

Is there a Doug from Tazewell

County? I cannot make out the last name.

No Doug? Okay.

I have called all the names

that are on my list. Are there any more names back

there, Connie?

There were some people who may

have left the room.

Hi. You're Joyce, right,

Joyce Blumenshine? Come on.

MS. BLUMENSHINE: Thank you.

My name is Joyce (J-o-y-c-e),

last name Blumenshine (B-l-u-m-e-n-s-h-i-n-e).

I thank the Illinois Pollution

Control Board, and I apologize I had to leave for

another meeting and I came back.

I am the chair of the Heart of

Illinois Sierra Club centered in Peoria although we

have 17 counties which include Peoria County and

Fulton County. E. D. Edwards power plant is south
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

254

of Peoria, and our nearly 900 members in Heart of

Illinois Sierra Club as part of the Greater Illinois

Sierra Club are concerned about this plant.

I think a concern here that

hasn't been mentioned is our worry in Peoria about

possible nonattainment from additional pollution

from E. D. Edwards, and also Duck Creek is in an

adjacent county, in Fulton County. We are downwind

of there also.

The greater Peoria economy

would suffer incredibly due to added sulfur and

pollution if for some reason we were forced out of

attainment. It's not just the jobs at Joppa. It

could be jobs for the whole Peoria metro area if

this variance would mean added pollution for us, and

I hope that the scientists at the Pollution Control

Board would look at the greater picture for what

other communities have at risk from this variance.

Certainly, Ameren's economic

statements appear inadequate and self-serving to

those of us in Peoria who see it just focused on

their plans and not the greater picture of the

economic survival of other companies and communities

that could be harmed from this pollution.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

255

Similarly, the health impacts

did not seem to receive any attention, and that was

outstandingly of great concern this morning hearing

the leading spokesman for Ameren not address health

concerns at all.

For the Peoria area, the

problems from asthma, heart attacks, etc., have been

talked about by others speaker. I won't go into

that, but those are very real. Those are social

costs that are shouldered by the public and have

been for decades upon decades, and it's not fair.

It's a cost that private companies get the profits

and our entire social concerns for our people, we

pay those costs.

Finally, a concern for our

immediate area is the concern that Ameren claims for

reducing sulfur dioxide. During the variance seems

strange to me. I'm not a scientist. I do again ask

that the Pollution Control Board scientists please

carefully evaluate that.

My understanding is that

sulfur dioxide is most impacted within one hour.

The short term exposure is the greatest health

concern. I don't understand how averaging tens of
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

256

thousands and shifting this all around will actually

help us who breathe that air.

Thank you very much. I hope

this variance is denied.

HEARING OFFICER WEBB: Thank you.

I understand -- what's your

name, sir?

MR. SKATES: Chris Skates.

HEARING OFFICER WEBB: Would you

please spell your last name? You can come speak. I

just want to get your name.

Are you signed up?

MR. SKATES: I signed a paper. I

don't know what happened to it.

HEARING OFFICER WEBB: Okay. Your

name is Chris what?

MR. SKATES: Skates.

HEARING OFFICER WEBB: S-k-a-t-e-s?

MR. SKATES: Yes.

HEARING OFFICER WEBB: Okay. Go

ahead.

MR. SKATES: My name is Chris

Skates, a chemist at Electric Energy in Joppa,

Illinois, Joppa Generating Station. I've been there
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

257

18 years.

This is not a choice for the

board to make between those who like clean air and

those who want their jobs and like dirty air.

That's a false premise. We want to keep our jobs

but we also care about clean air.

I've got two children also. I

like my children to be healthy also. My son has a

respiratory problem, and he is outside. We live

within range of the plume of plant. As a chemist, I

would never expose my son to something I thought was

going to harm him with his respiratory condition,

but there's a far cry from saying that chemical is a

toxin and saying it's a toxin at the levels that

we're emitting.

IEPA is a group of

professionals. They don't set the limits at the

bare minimum so if we go over it by one tenth of a

part per million people start to die. They put a

lot of cushion there so that they know the people

are protected.

So we're already meeting a

limit that's safe for people, so it's sort of a

false premise to say people are going to get massive
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

258

cases of asthma.

Likewise, these things are

based on scientific studies and theories. They may

be very good theories supported by very good data,

but that doesn't automatically make them a direct

connection between our emissions and asthma. If I

thought that it did, I would not be working at the

plant. I would not be exposing my own children to

those pollutants.

Also, the scrubbers as several

have already said, we made this agreement on these

rules based on earnings potential at that time. The

earnings potential changed in an unforeseen manner,

and certainly the level that they changed was not

foreseen, so now we're asking for an extension of

that.

I do ask that you would

support the extension, and I thank you for allowing

me to speak.

HEARING OFFICER WEBB: Thank you.

Your name, sir?

MR. PIERSON: Mike Pierson

(P-i-e-r-s-o-n).

HEARING OFFICER WEBB: Michael?
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

259

MR. PIERSON: It's Mike. I'm a

group supervisor of mechanics in maintenance

services at Joppa Energy Station. I've been

employed for around eight years. I live in Karnak,

Illinois. Everyone has heard about the economics of

it. I have a special needs child also.

We're not, like everyone has

said, we're not here to deliberately do anything

wrong. We do everything we can. Every morning of

every day we meet and see what can we do, what can

be better. We meet the standards, and we

continually strive to be even better than the

standards. That's just the way we are, and I hope

you vote positive on this.

Thank you.

HEARING OFFICER WEBB: Is there

anybody else here who would like to speak?

I don't see anyone so I

believe we're finished with public comment but we're

not quite done. Let's go off the record for a

moment.

(Whereupon an off-the-record

discussion transpired at this

time.)
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

260

HEARING OFFICER WEBB: Let's go

back on the record and we'll finish up here.

Ameren has advised us that --

MS. ANTONIOLLI: Carol, could we

wait for one second and just talk about scheduling

for the post-hearing briefing?

HEARING OFFICER WEBB: Sure. Let's

go off the record.

(Whereupon an off-the-record

discussion transpired at this

time.)

HEARING OFFICER WEBB: We'll go

back on the record.

Ameren has agreed to get us an

expedited transcript in three business days.

As soon as the board receives

that, we will get it linked on our website as

quickly as possible.

The public comment deadline

has been extended to August 10th. Public comment

must be filed in accordance with Section 101.628 of

the board's procedural rules.

Petitioner's brief is due by

August 15th, and the respondent or EPA's brief will
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

261

be due by August 20th.

The mailbox rule will not

apply, and documents filed electronically are due by

4:30 p.m. on the due date.

Would Ameren like to make any

closing statement? Would the Agency like to make

any closing statement?

MR. RODRIGUEZ: No.

HEARING OFFICER WEBB: At this

time, I will conclude the proceedings.

We stand adjourned, and I

thank everyone for their participation and patience.

(Which were all of the

proceedings held at this time.)
Page 262

1 STATE OF ILLINOIS

)SS.

2 COUNTY OF SANGAIVION)

3

4 CERTIFICATE

5 I, Laurel A. Patkes, Certified Shorthand

6 Reporter in and for said County and State, do hereby

7 certify that I reported in shorthand the foregoing

8 proceedings and that the foregoing is a true and

9 correct transcript of my shorthand notes so taken as

10 aforesaid.

11 I further certify that I am in no way

12 associated with or related to any of the parties -or

13 attorneys involved herein, nor am I financially

14 interested in this action.

15 Dated August 2, 2012.

16

Certified Shorthand Reporter

19

20

21

22

23

24
Page 263

A 1.13:6 240:13 28:2498:13 130:20 254:11,15

aantoniolli... 114:17 241:20 120:17 141:3 addingl82:4

2:12 115:18 245:16 144:23 171:15 additionl7:5

abandoning 117:21 247:19 150:16 176:23 29:439:19

20:10 123:12 248:16,17 189:5 act8:22 72:6119:11

abide222:21 124:2,10 249:20,22 accordingly 70:18 144:9

ability20:19 133:1 252:10,12 23:18 55:11 200:22 196:10

42:1746:21 134:12 252:13 account action75:18 208:18

51:15 83:6 135:8 254:3,5 164:17 90:16 additional

118:11 147:13,15 255:8257:6 185:17 143:14 23:1725:9

168:12 151:23 259:5260:5 accountable 192:13 42:8,11

199:15 154:13,16 above2l:14 167:12 262:14 43:547:9

able7:16 156:1 104:11 201:3 actions22:11 63:20 66:5

35:4 37:17 158:23 136:18,18 accounting 200:11 79:22 80:16

42:6,848:6 159:16 absolutely 129:11 activated 88:196:7

71:2 83:14 160:17,17 34:20 accurate 17:13 23:23 112:7

87:1494:22 163:16,24 113:10 71:21 205:8 118:20

95:17 168:1,2,3 136:17 achievable 212:18 138:14

109:18,21 169:19 203:3,20 17:21 224:2 142:24

112:24 174:4,17 235:18 achieve38:20 237:22 146:19

114:7 175:17 absorb69:4 86:3 88:20 activists 162:14

120:12 176:2 94:22 120:11,13 66:10 188:16

156:14 178:13,23 absorbed 249:7 activities 190:14

169:8,22 180:3,14,15 107:20 achieved 31:22 32:7 203:10

182:17 181:11,12 absorber 120:5 32:17 33:4 254:6

189:4 181:13,14 32:22 achieves 54:17 83:7 address6:20

194:19 181:16 181:20 247:6 activity79:17 7:2424:16

197:16 182:11,18 abundance achieving 79:22 80:10 45:18 54:7

200:1 213:9 188:10 195:9 138:15 80:16 139:7 54:22 78:17

248:13 193:12,22 abundant ACI13I:11 actual32:17 110:4

about7:24 194:10 243:4 136:16 33:22 34:13 119:20

13:21 14:20 197:22 accelerated 175:15 34:22 35:11 166:7255:4

16:3 18:8 198:11 141:8 acid 120:1 35:12 addresses

18:14 20:5 201:2 206:3 accept75:5 144:7 actually 18:3 140:21

28:22 32:13 207:2208:5 126:6221:4 152:10 22:11 33:15 adhere

32:2035:11 210:12 accepted 234:9 34:851:16 158:13

35:20 37:22 214:13,14 111:8 acknowledge 75:1 105:10 222:20

42:1445:11 214:16,16 access46:18 163:4 106:7159:7 adjacent

45:18 47:21 214:17,19 46:21,23 acknowled... 220:15 254:8

50:21 51:19 214:20,21 47:2,17 100:6 227:10 adjourned

57:6,14,15 215:4217:3 48:649:13 acquisition 229:4256:1 261:11

58:1061:11 218:17 accident 45:4 acutel39:11 adjudicatory

64:18 83:1 226:2,13,17 224:6 acronym ad156:13 30:19

83:3,3 227:18 247:20 247:5 adapt 192:10 adjust

87:13 89:24 229:8 accompanied across 15:22 add 40:17 159:13

90:791:5 232:13 229:19 16:1278:11 55:882:2 160:3

91:12 95:5 236:7 accordance 121:4 added 79:22 adjusting

96:3 109:12 237:14 260:21 123:15 80:6,16 124:6

110:2,3,20 239:9,10 according 125:3 81:2 139:23 administra...
Page 264

19:1028:4 16:19 17:11 125:8 7:13 109:1 225:11 248:6

administra... 17:17,19 173 :21 109:4,10,17 agencies 47:6 260:14

13:1 18:2120:10 251:2 110:12 agencyl:6 agreeing25:8

admire60:23 20:20 21:20 affecting 111:15 9:13,17 agreement

admissions 21:23 22:18 91:2 134:18 11:17,22,23 47:22 48:1

139:6200:5 22:2423:3 affects 141:15 13:1227:10 48:2,852:9

admits 65:17 24:14,17,21 227:14 154:4 158:5 30:1 37:13 158:13

admitted 25:826:2,6 affidavit 160:23 53:2454:1 169:9171:4

5:18 44:4,5 26:14,21,23 45:21,23 171:9 54:9,20 186:5

111:9 29:11,14,17 88:13 176:15 55:7,10,14 200:15

adolescents 29:19 31:19 affidavits 182:22 55:16,23 201:4

229:7 31:21,24 11:4 87:11 184:19 97:19 209:10

adopted6l:7 32:937:12 affiliate70:9 186:11 153:17 211:8234:7

143:5 37:1746:7 186:23 191:12 261:6 234:19

187:21 46:12 47:2 affiliated 199:4 agency’s 12:2 258:11

adults 143:24 47:10 49:11 70:3 205:19 151:20 agreements

151:2 50:3 54:15 affiliates 206:14 160:3 52:19 167:2

217:14 60:1461:13 68:1169:23 212:6 aggressive 170:9

advance52:1 61:17,22 70:22 71:2 213:24 18:965:6 agrees37:13

advanced 77:3,19,22 afflicted99:5 216:16 agos2:6 AG’s 119:6

17:11 19:17 78:6,17 afford 219:19 76:11 87:22 ahead30:18

advances 79:21 80:15 166:16 220:8 95:1 97:18 83:20 149:9

168:14 115:9 208:7 224:17 98:15 204:12

advantages 168:11 213:16 232:17 131:13 224:9

200:14 245:23,24 249:11 233:17 145:19 256:21

adversary 246:3 affordable AG203:16 171:18 air 17:22

19:15 AERG53:5 123:22 again32:15 175:6 19:621:19

adverse 60:4 AER’s 10:4 afloat 77:16 43:2 49:13 188:13 27:19,23

adversely 23:6,14 AFL-CIO 89:492:8 193:1,3,9 39:846:2

47:16 27:1,6 76:777:1 94:7100:11 208:19 58:965:16

165:17 45:22 46:16 aforesaid 101:16 226:21 70:17,23

219:15 48:1549:3 262:10 124:8126:6 227:24 71:1776:13

advise37:13 54:1459:18 African 142:2155:2 228:24 91:1093:20

advised 60:1,462:2 98:17,19 163:21 229:12,14 98:799:3,8

260:3 62:6,12,13 after6:227:1 164:2,11 245:16 100:8

advocacy 62:17 76:22 7:68:8 11:8 173:8 176:3 agree85:24 105:20

97:15 78:179:15 29:1368:5 204:13 196:22 116:4,19,19

advocate 81:5,11 91:16 216:9 201:9250:1 118:22

77:19 AES 71:14 100:12 227:21 250:14 122:5,8

AEG45:20 123:8 148:1 234:24 agreed25:2 138:20

46:1,16 affect7l:17 166:22 255:18 61:24 96:23 139:20

47:748:4 177:13 169:11 againstlo3:9 97:1 137:13 143:9,18

48:13 49:17 219:15 192:2 126:11,16 137:17 147:1,18

49:1752:20 223:16,21 201:11 129:6 150:16,20 152:7157:3

AEG’s47:5 229:3 210:15 143:14 150:23 158:17

49:20 230:11 225:1 145:21 152:3 157:1 159:18,20

AER9:24 239:24 229:20,20 153:2226:9 158:11,13 164:15

10:3,8 248:6 233:11 245:5 171:19 169:2,20

15:23 16:15 affected afternoon age 183:14 188:14 170:13
Page 265

178:3,4,6 47:1253:5 161:17 41:1643:13 158:22 204:1,4,15

181:23 69:21 86:22 162:9,24 45:14,19 159:11,13 204:19,23

183:17,23 127:22 169:11 47:8,14,17 159:22 205:4

188:6,8 166:17 177:21 47:22 51:10 160:3,8,15 206:21

192:3,4 173:13 199:19 52:9,10,21 161:1,3,10 207:4,7,24

199:10 197:5 219:2,6 53:21 55:3 161:21 209:9212:2

203:19 212:21 237:16 63:11 68:21 162:12,14 213:14

206:8 219:12,23 250:15,16 68:23,24 162:21 214:23

222:14 allowing 28:2 257:22 69:21 70:6 163:3,19 215:3,8,14

223:2 62:18 79:4 258:11 70:15,20 164:4,7,12 215:20

230:14,23 103:22 alternative 71:2,11 164:21 221:2,4,16

234:6,8,20 131:5 23:13 37:14 72:13,20 165:1 166:4 221:18,23

239:21 132:16 39:19 41:21 73:1,5,7,13 166:8,14,15 222:9,20

240:13 138:2 87:7 138:1 73:18 82:4 167:6,12,18 224:21

243:20 142:15 138:12 82:14,17,20 169:7,9,17 225:7,7,17

256:2257:3 166:14 alternatives 83:2,19 170:1,19,22 226:8,11,22

257:4,6 213:20 45:20 84:24 85:8 171:17,23 227:11,13

airways 220:20 although 85:20 87:1 172:11,14 227:16

151:13 230:13 15:20 22:9 88:2,4,23 172:17,20 230:7,14,16

Alan 3:23 258:18 39:1 140:12 89:12,19 173:12,16 230:19

134:17,20 almost29:16 151:16 90:1,2,22 173:18 231:11,16

alike2l2:1 100:13 253:22 100:22 174:3,11 231:17,24

Alisa3l:4 131:12 altogether 101:1 107:8 176:7,9,17 232:7

110:16 178:5 195:7 20:10 07:22 177:8,10,14 234:11,15

A11en154:15 232:19 always62:10 108:6109:7 178:8 236:9

Allison 5:3 alone 77:18 81:8 105:14 114:1 179:10 237:19

220:7,9 93:1398:16 129:4175:2 117:21 181:17 238:18

allotted 144:24 175:5,20 118:13,21 183:1,16 240:1,12

156:7 157:2 183:8 Amanda 120:12,19 184:2 185:4 241:24

allow7:4 250:17 199:3,5 122:4,21 186:20 243:8

22:2442:20 along97:19 amazing 123:4,15 187:15,24 246:14,19

72:3,8 123:20 93:14 126:23 188:12,14 247:5

90:2291:1 155:23 113:15,20 127:7128:7 188:15,19 248:18,18

91:14 116:1 217:5 ambiguous 128:12 188:23,24 249:19

145:9 already 11:4 87:12 130:1 131:3 191:4,16 251:24

147:17 16:20,23 Ambulatory 134:8,13,17 192:11 255:4,16

159:23 17:19 18:4 146:15 137:13 193:3,11 260:3,14

166:4170:8 18:523:22 Amerenl:3 139:14,15 196:2,3,11 261:5

174:6 188:2 42:1 49:18 6:5,14,17 139:23 196:14,20 Ameren’s

208:4221:8 63:1668:16 6:18,19,20 140:1,5 196:24 6:14,22

222:3 74:1197:24 8:149:5,10 141:14,17 197:4,5,9 8:1131:14

allowable 112:6 9:11,19,24 149:13,15 197:18,22 37:955:8

27:13 35:12 116:22 10:23 12:5 150:11,13 197:24 68:1,19

86:20 117:18 12:23,24 152:2 153:1 199:8 71 :7,14,18

allowances 120:20 13:1,2,6,10 153:4,7,23 200:10,14 71:23 72:23

42:18,19,20 121:4123:5 13:21 16:10 154:1 200:21 73:10 76:24

allowed6:16 128:15 19:3 33:12 156:17 201:1,4,12 101:19

34:5,7,12 158:20 37:11 38:13 157:5,8,18 202:20 102:10

35:15,16 160:22 38:18,22 158:11,15 203:11,17 114:16
Page 266

118:19

119:20

121:15

133:14,15

138:5

142:22

150:5 158:9

160:11,24

166:12

169:5,15

170:4,10

173:2

187:17

189:15

191:15

198:23

199:9 206:9

213:19

216:5

221:12

222:2,16,17

234:2 237:8

242:20,23

243:13

254:19

America

98:23

182:14,15

American

65:18 98:17

98:19 200:7

247:15

among

129:14

143:17

amount

32:24 42:19

46:14 52:21

53:4 80:22

86:19 94:23

121:11

181:24

Amy 2:9 9:10

10:2 232:10

analogy

247:8

analysis

23:14 44:22

88:4 89:2,7

120:7,18

121:1,2

244:1,7

analyst 228:9

Andrew 4:5

115:18

149:23

Andy 4:23

5:5 218:5,7

232:16,18

and/or 112:7

Ann 139:18

anniversary

141:18

announced

128:14,20

announce...

8:9

annual 33:3

35:22 40:20

41:2 79:14

139:4 145:1

annually

17:9 32:14

190:15

another

15:12 42:21

52:10,20

53:2 96:9

102:20

128:22

130:22

152:1

156:10

159:9

162:22

196:13,15

200:19

201:5 211:9

217:6

230:13

242:9

244:16

253:20

answer 6:18

6:20 10:21

11:10 20:17

20:24 30:11

34:11 35:7

37:2 42:23

45:10 49:24

55:16

203:11

answered

20:16

answers 36:4

41:6

Anthony

4:11,18

172:17,19

201:18,20

anticipate

149:18

anticipated

188:13

anticipating

43:4

Antoniolli

2:9 9:10

10:2 260:4

anybody

54:8 83:17 ‘ 1

113.

202:24

226:7,9

227:21

245:4

259:17

anymore

182:17

anyone 74:4

126:24

177:2 238:4

259:18

anyplace

58:5

anything

53:21 55:7

58:11

148:17

226:8

23 1:15

233:1

235:20

237:15

259:8

anyway

117:9

194:21

211:18

215:19

218:19

anywhere

23:8 52:4

113:20

apart 94:1

apologize

34:24 148:6

253:19

apparent

228:16

appeal

122:20

appear 90:18

209:3

254:20

appearance

9:14

appearances

2:7 9:2

appeared

87:8

appearing

2:13,17

appears

49:16 55:13

228:23

applaud

145:18

apples

181:14,15

applicable

8:13 138:12

applied

129:15

apply 70:24

261:3

appointed

1:13 59:23

appreciate

58:10 62:22

85:21 87:24

94:2 104:3

109:15

141:21

158:1

207:23

225:16

236:20

237:16

238:10

appreciated

148:12

apprentice

123:18

apprentice...

123:20

approach 8:4

19:8 30:3

72:1 88:15

89:3 91:24

110:8 247:4

248:15

appropriate

56:2 88:7

187:22

approval

70:1 187:22

206:21

approve

171:2

190:10

202:20

224:14

233:13

242:15

251:12

approved

188:5

190:12

225:12

approxima...

45:3 95:24

112:4

area 62:5

64:5 80:9

80:13,17,24

102:16,24

103:15

111:22,24

112:1,9

114:14

123:2

131:13

155:1

157:24

185:9 190:6

193:15

195:8

198:11

213:12

217:6,12

237:10,11

238:15

241:7

254:14

255:6,16

areas 129:22

178:2 199:6

arena 105:11

argues 72:5

argument

69:6

arguments

71:18

arise 173:24

Armstrong

4:5 115:18

149:23,24

153:14,21

154:3

army 94:17

around 89:12

156:7

166:16

198:3 200:1

214:12,15

240:14

251:20

256:1 259:4

arrived

110:12

arriving 8:8

art 5:11

243:11,16

243:17

articles

221:15

ash22l:6

222:10,11

aside 103:4

asked 22:6

26:21 38:13

55:3 127:7

150:2
Page 267

156:18 11:21 84:12 258:6 attorneys away5l:22 260:2,13

159:5222:4 126:16 Atlanta 262:13 152:12 backed90:24

229:12 231:13 98:14 attract64:6 191:23 background

230:8 associate atmosphere at-risk 114:4 199:22 68:1

asking 30:6 146:8 150:8 29:6 144:17 144:2 217:18 backstop

58:3,23 associated 147:3 152:8 199:20 242:11 48:8

59:461:14 22:13 99:9 206:4 audience awoken backup

63:11,19,20 145:4 atmospheric 15:17 56:14 229:8 176:18

79:681:20 152:17 65:1966:2 125:18,19 AYP113:14 backward

106:9 128:8 262:12 attach 86:14 125:22 a.ml:11 6:7 192:1

148:3 Association attached August 1:11 229:9 backyard

156:23 97:12 45:2171:10 6:67:17 226:12

159:6 166:14 110:24 109:22 B badl56:9

160:13 183:7 attack62:9 260:20,24 B8:24 170:2

162:22 assume43:19 183:12 261:1 229:24 177:14

177:9 179:6 47:7215:2 attacked 262:15 230:1 181:11

179:10,11 assumed 18:12 aunt204:23 Bachelor’s 188:23

180:10 129:4 attacks 94:20 Aurora 45:8 242:9

188:2189:2 assuming 98:799:10 240:10 backl8:8 252:19

190:9,17,19 90:9 139:6,12 authoritative 21:24 37:2 badly 162:15

196:12 assumption 144:4 144:19 39:21 40:9 baghouse

197:4 38:5 150:21 automatica... 40:10 43:1 23:18

213:14 assumptions 151:2,13 258:5 51:2 53:4 baghouses

233:5 234:1 193:5 163:6 83:6 availability 56:13 59:7 24:10

242:10,11 assure2l:19 183:8206:6 81:7116:17 69:1883:13 129:13

249:8 27:18 64:19 255:7 available 83:15 91:4 bail2Ol:7

250:18 121:16,18 attainment 10:21 11:9 91:18 97:1 bailingl6l:4

252:18 165:5 152:19 42:2149:24 109:2,4 bailoutl59:6

258:15 asthma93:15 254:13 173:14 132:11 159:6,9

aspectl52:1 98:6,7,12 attempting 210:19 137:13 balance88:7

aspects 98:14,16,20 200:24 Ave 1:12 149:5 88:23 89:3

221:13 99:13 attend 2:15 150:15 152:24

assertion 133:22,22 197:16 average 158:17 179:8,8

38:1448:14 134:3 216:20 104:11 162:22 190:19

55:4 139:12 220:23 115:1 163:17 balanced

asserts 68:21 144:4 attended 120:13 165:12 72:21 190:8

assess 194:14 146:22,23 220:18 202:4 167:10 balances

Assessment 150:21 221:1 206:24 169:10 141:2

151:20 151:2,2,4 attending averaged 171:18 balls23O:4

153:17 151:13 231:12 194:5 184:19 bankll:1

assets 48:3 153:7 163:6 attention averages 188:19 51:21

52:1470:3 180:5183:6 252:15 181:13 191:17 247:13

assign 70:2 183:8,11,12 255:2 averaging 196:12 248:4

assignments 183:22 attorney 38:16 55:6 198:18 banker 11:1

45:4,6 185:18,18 38:14 55:4 255:24 203:6 249:8

assistl25:1 192:5 67:16 84:10 avoid6l:17 221:21 banker’s

217:22 199:15 84:12,13 116:11 225:18 248:9

assistant 206:6 252:2 85:14 90:13 200:24 228:14,15 banking

2:159:16 255:7258:1 92:9 aware24:24 231:9242:1 44:2045:2

253:9,20
Page 268

bankruptcy

82:16

banks 244:19

Barclays

11:1 44:19

bare257:18

bargain

172:1

188:19

bargaining

201:24

Barnett 4:10

170:19,21

170:22

Barnhill 4:18

202:11,12

202:13

BART 55:24

Bartonville

122:22

131:7

190:11

248:20

base42:16

72:11

198:14

baseball

218:12

based 19:18

23:9 38:19

65:20 82:16

90:18 97:14

187:18

203:23

208:3 258:3

258:12

bases 102:18

124:15

125:7

basic 82:20

102:21

149:16

basically

23:21 32:12

51:19

162:15

223:12

226:20

basis 25:14

33:6 35:22

40:2041:2

187:10

217:5

bass5:10

226:23

241:16,17

241:18

bat 154:5

battles

100:13

bear 145:16

Beardstown

141:16

beautiful

134:22

beauty 187:2

became 20:2

209:22

228:16

become 33:5

61:12 63:17

71:17 96:4

96:6 128:6

161:1 227:3

becomes

37:12 49:3

becoming

20:9 122:9

before 1:1,12

13:14 28:15

30:21 35:20

37:18 49:13

50:23 70:23

75:24 85:2

85:11 89:23

92:21 98:4

103:23

105:11

106:20

116:23

136:12

137:23

139:16

140:11,20

143:13

154:6

155:12

203:8 205:2

216:11

252:11

beg 83:16,20

began 18:19

begged 128:9

begin 7:10

18:23 101:3

111:13

203:12

230:22

beginning

6:7 28:22

56:20

157:11

205:10

behalf 2:13

2:179:11

9:16 10:2

11:21 50:3

102:10

123:1

139:15

146:22

150:5

178:20

186:19

235:1

behind

145:15

being 18:8

24:11 27:21

39:15 42:24

66:17 73:6

77:10 95:12

97:18

102:24

103:2 117:4

119:7 121:9

127:7

149:20

170:12

174:3

175:10

179:3

194:10

205:7 215:5

215:8 216:7

224:1 238:9

Beisner 5:13

249:16,17

249:18

beleaguered

130:17

belief 19:4

130:1

believe 32:20

36:21 40:8

62:13 65:16

78:2 89:16

96:13

103:11

110:23

126:20

130:8 155:9

159:7

160:20

162:20

169:1 170:4

176:6

180:12

196:24

202:5 206:6

215:20,23

216:5 219:8

219:10

259:19

believer

96:13

below 28:23

50:24 66:3

107:15

bend 209:8

benefit 27:4

28:16 29:8

70:8 101:18

111:4

171:24

199:10

201:5,13

204:1,4,6

214:22

244:1,7

benefited

73:2,13

101:6

133:19

158:15

188:15

benefiting

201:11

benefits 30:8

66:2 69:14

71:3 73:6

77:5 103:2

104:5 126:3

137:14

138:19,21

139:4,19

140:1,7

147:7

160:16

177:23,23

188:1

210:20

213:1 217:2

245:6,8

best 13:17

41:21 82:22

226:23

23 1:8

248:22

bet66:13,15

better 33:5

119:8 121:8

130:22

132:2,4

133:16

156:6

196:19

211:5 238:1

251:23

259:11,12

between

20:15 25:17

29:5 32:2,5

32:8,14

35:12,15

40:19 48:2

52:9 86:12

86:20 88:7

129:24

144:21

243:2,22

244:12

257:3 258:6

beyond 38:7

136:18,18

147:20

big 15:20

66:8 73:9

81:3 96:13

163:17

209:8

210:19

241:11,12

243:2 250:2

250:4

bigger 24:9

biggest

161:15

225:8 227:5

bilateral 93:3

Bill3:16 4:3

4:17 81:16

83:21

141:14,16

192:16

bfflion 16:11

98:17 145:2

145:3

245:24

248:23

250:7

bills 159:4

213:9

Billy 3:19

103:19,24

bind 58:12

58:13

bit 32:22

135:8 177:4

black 87:8

127:16,24

Blake 5:8

238:13,14

238:15

blame 215:19

Bland 4:4,4

148:13

149:9,10,11

bless 249:14

block 247:17

Bloemer 5:5

232:16,17

232:18

blood 165:13
Page 269

209:24 106:17 235:17 104:21 203:1 64:23

250:8 109:22,23 239:19 117:2 235:12 bromide

Bloomingt... 110:4,6,7,8 240:20 119:23 breaks 7:21 237:22

185:10 110:11,13 241:14 120:14 8:4110:2,7 bromine

bluel5:19 110:14 243:12 123:2 181:22,22 205:9

160:14 115:23 246:10 137:14 181:23,24 bronchitis

163:15 125:5 126:6 249:8 138:6,9,23 breathe 93:8 139:5,11

Blumenshine 126:13 252:21 139:1 93:8,895:6 199:16

5:14 132:10 127:15 253:1,19 171:10 143:10 bronchosp...

184:18 128:8 131:4 254:17 185:15 157:3 151:12

253:14,15 135:15,17 255:19 207:19 164:15 Brookfield

253:17 137:13 257:3 229:17 183:14 209:3

boardl:22:1 139:16 260:16 230:2 206:7223:2 brother95:8

2:26:8,9,15 140:11 board’s6:11 bottom94:20 256:2 95:12

7:4,17,18 142:15,19 8:22,24 101:19 breathing brothers

8:1,2,3,4,16 143:3,6,13 10:11,15 183:18 100:17 132:19

9:23 10:19 147:12 20:24 45:18 196:17 Brian4:15 182:9

10:21 11:24 150:14 110:16 243:3 97:10 Bruce4:22

12:1920:13 152:24 124:11 244:11,18 184:22 212:5,7

24:14,18,24 153:5 158:9 159:12 244:22 185:2 Bryan 3:18

26:23 29:17 160:6,11 260:22 bought brief 6:21 97:7

29:22 30:20 161:5 bodies 209:13,13 11:654:7 Btu25:4

33:3,6 164:23 198:13 229:19 55:1779:12 29:2487:17

37:1341:9 165:5,18 bodyl98:12 Bower4:19 106:21 120:14

44:18 47:21 169:6,15 Bogardus 204:14,16 137:10 Buchanan

54:6,19 170:15 3:23 134:17 204:17 203:12 146:1

55:1357:3 171:1,12 134:18,20 boyl82:14 244:9 budget32:13

58:1459:16 172:19 135:3 185:14,22 260:23,24 83:6107:12

60:15 62:3 173:1,10 154:16 246:24 briefing 112:6

62:16 63:4 174:5,14 boilermaker Boyd 111:14 260:6 budgeting

63:12,19 176:15 251:19 111:15,16 briefly45:16 83:9

66:18 67:20 179:7 185:4 Bolander boys 168:1 132:11 budgets 43:2

71:10,24 185:24 3:16 79:2,3 229:7,17,19 197:20 Bugel3:21

73:23 76:5 187:10,23 bonuses 229:22 briefs 127:14 74:3 115:15

76:19,21,24 188:2 189:7 133:16 230:2 Briggss:7 115:19,22

78:5,21 189:9,15 borne 139:23 Brad5:13 236:13,14 115:23

79:7 81:11 191:14 borrow 81:22 236:15,16 build24:9

81:16,19,19 196:1,17 247:14 249:16,17 brilliant 208:6242:8

82:7,8 83:9 198:9 201:7 borrowing brand 181:20 210:1 247:15

83:17,22,23 201:14 45:18 Brandon bring56:17 248:19

83:23 84:17 203:9,13 bothl0:5 3:1259:13 119:4 building

84:2485:7 204:11 11:3,8 59:21 124:15 14:18

86:11 88:4 206:8,21 14:13 16:15 Brandt-Rauf 185:17 122:16,19

90:9,14,16 207:9211:6 18:12 19:19 145:24 207:5 123:1

92:1 93:1 213:8,18 26:17 30:16 break7:22 243:12 124:23

93:22 214:1 34:20 36:7 75:19,24 244:15 193:24

100:18 216:11 41:254:19 92:21 bringing built68:6

103:22 228:10 78:289:14 108:14 42:9 69:9204:21

104:3 230:9234:1 94:11 191:18 broader 226:10,19
Page 270

241:22 byproduct 126:10 77:22 89:10 carried233:9 111:3

242:14 227:1 131:2 132:7 120:3,14,16 carry 83:6 cells 94:21

248:22 B-a-r-n-e-t-t 132:12 130:4,9 cars239:16 cement

bunch220:2 170:20 137:2 140:6,8,12 Carter4:7,8 102:21

burden 86:7 B-e-i-s-n-e-r 142:12 208:4 158:4,5,7 114:20

127:13 249:16 148:13 228:21 164:20,22 Center7:3

128:4 177:5 B-1-o-e-m-e-r 157:17 captive 70:19 164:24 36:11,19

burdened 232:16 158:4 169:6 72:10 case 8:10,16 60:1,18

71:19 B-l-u-m-e-... 169:15 capture 8:17 19:14 67:4,17

Burke2:2 253:17 170:15 224:3 93:594:9 79:15,18,21

3:66:10 B-o-w-e-r 171:1 carl8l:21,22 134:1 80:1298:13

31:3,4 204:15 194:24 209:14 197:23 134:24

33:10 36:23 B-r-i-g-g-s 204:14 227:23 248:14 135:4,18

37:438:11 236:14 205:14 carbonl7:13 cases98:24 146:2

50:8,9 55:2 207:12 23:23 205:8 139:5 198:7 170:23

110:14 C called94:18 212:18 258:1 204:18,20

burnll8:12 C230:2 134:21 224:3 Caseyl84:6 212:8,10,11

224:11 cabins 136:16 237:22 cash90:4 212:20,23

243:6 227:12 140:19 Carbondale 91:21 213:7,10

burning Cadillac 232:8253:8 185:10 140:17 223:9

180:12 131:19 calling7:10 207:17 208:3 224:21

burns2l4:16 Cairo2ll:16 54:1,5 cardiac99:7 249:11 231:6

busier227:9 cakel0l:11 came76:10 cardiology 252:19 232:19

business9:7 calcium 87:22 97:1 240:10 Case14:3 237.4241:3

13:1 45:2 205:8 148:1 194:1 cardiovasc... 115:14 245:16,21

48:16 51:5 237:22 210:4 144:22 142:12,14 246:1

57:9 73:1 calculated 253:20 cards 9:7 148:14,20 centered

105:11,12 70:7228:19 Camelot carel46:5 149:6 253:22

155:8 233:7 134:21 159:4 168:1 catalytic centers 18:20

162:16 calculation campaigns 168:2,3,15 14:14 17:6 25:10,13

163 :20 35:5 243 :24 77:2 207:20 causal 26:8,17

164:14 calculations cancer94:12 214:19,20 144:20 49:22

170:2,5 36:6 86:17 152:18 214:20 causally 165:16

179:3 calendar Canton 240:13 152:13 Center’s 80:2

189:23 25:5,6 123:7 257:6 cause43:1 80:22

190:20 54:18 248:19 career 94:14 95:23 central68:14

209:8 call 12:5,7 capacity 13:3 134:12 95:23 97:24 68:15 70:13

221:15 43:1447:23 69:1677:1 236:10 98:23 70:14

226:10 55:17 56:21 88:24 99:1 careful29:13 143:24 115:10

228:8 59:12 67:2 119:1,2 66:20 166:15 122:16,19

260:15 67:876:1 capitall7:14 carefully 183:8 129:14

businesses 79:1 81:15 18:22 23:5 70:6 125:24 199:15 185:15

64:6191:1 84:992:21 44:19,23 255:20 causedl92:4 189:22

191:3 92:23 102:8 45:5 46:14 cares2l7:3 221:5 190:6237:6

195:15 103:19 46:18,22,23 Caroll:12 causes95:15 242:2

212:1239:3 106:16 47:2,10,18 6:4109:6 151:12 century78:9

busy227:8 112:20 48:12 49:13 260:4 244:5 certain26:18

buy42:19,20 114:10 51:4 52:22 Carrie2:3 CDs11O:23 41:253:4

129:10,18 115:13 53:372:9 6:10110:14 110:24 91:22

122:15
Page 271

100:13 chance 82:5245:4 182:12 9:10 10:2 116:4

141:5,7 201:13 chemical 192:5 55:19,21 134:13

156:18 214:23,24 144:16 199:21 56:4,7,11 157:5

193:6208:3 233:18 257:13 209:14 74:2075:15 159:20,20

certainly 246:24 chemicals 211:1 203:20 163:3

22:2469:21 chances 22:2144:10 217:14 C1PS242:1 164:15

73:11 194:24 170:12 231:12 circumstan... 169:1 170:6

112:10 change22:18 222:13 257:7,8 127:18 172:9,10

128:1 47:13 48:24 chemist 258:8 156:20 183:23

129:20 69:22 91:3 256:23 Children’s 247:19,24 192:2,3

157:23 91:21,24 257:10 146:2 cited 153:17 200:22

254:19 97:4,4 chemists 182:13,13 cities239:16 206:8219:7

258:14 117:24 136:3 China2l4:16 citizen 223:2234:7

CERTIFI... 134:13 chestl5l:9 China’s65:8 168:22 240:13

262:4 159:13 Chicago2:11 chip229:10 179:22 257:3,6

certified 177:12 7:19 58:7 229:17 217:10 cleaner

238:17 180:14 60:21 64:14 chocolate 222:4228:7 133:11

251:17 190:17 64:15,19 229:10,16 citizens67:20 cleaning

262:5,18 202:16 97:14 choice67:23 71:978:8 174:7

certify 262:7 changed 82:1 109:24 116:4,6 99:6 137:15 234:15

262:11 233:6 146:3,10 211:8257:2 171:15 cleanly243:7

Chain2Ol:21 258:13,14 150:3,9 choices 141:9 173:20 cleanup

chair 142:11 changes 155:16 229:3 209:17 165:13

253:21 49:10 158:8 choose 220:21 clear 8:19

chairman2:2 251:21 171:11 138:10 city78:11 18:13

6:9 12:18 changing 173:9 198:23 79:5 81:7 126:24

30:23 31:1 38:2 91:2 179:23 choosing 93:6,7 201:4

44:17 50:5 192:10 185:9 116:7,8,11 104:1 105:1 clearly3o:7

50:7 59:16 211:3225:1 195:24 chose72:23 180:1 42:23

59:23 63:4 Chapman 199:5 206:2 73:18 230:12 140:24

76:4 83:22 5:8238:21 220:10 210:19 247:13 189:3

83:23 84:16 238:22,23 235:15 228:18 claiml29:7 clerk7:18

110:13 character 239:17 Chris5:6,15 199:9 109:23

122:17 174:18 Chicago’s 235:5236:2 claiming 235:17

246:9 175:1 168:24 236:3 256:8 183:16 climate20:2

250:11 characteriz... chief 146:12 256:16,22 claims 180:14

chairs 142:9 127:15 211:19 Christine5:6 255:16 190:20

142:10 charitable child 217:16 233:15,19 clarity 74:10 Clinic 95:13

challenges 195:15 259:6 235:8 Clark4:16 clinical

19:12 45:12 charity 97:13 children Christopher 189:19,20 150:24

45:17 46:20 Charles4:24 93:21 98:17 181:5,6 189:21 clocks 91:4

73:10 107:7 219:18,20 98:19 108:5 chronic class 133:1 close 17:20

107:8,9 chartl5:15 130:19 98:21 139:5 156:12 22:20 57:22

Chamber charts 15:15 134:12 151:3 183:6 180:4 57:22 94:11

114:11,14 29:22 135:22 churches classes 180:3 103:7 112:5

Champaign cheap7o:18 139:10 223:23 clean58:9 114:2,6

185:10 cheaper 143:23 CILCO 65:16 70:17 118:8 119:4

Champaig... 168:15 144:3 151:1 71:13 71:16 76:13 119:7 132:3

186:13 check35:3 153:7 Cipriano2:9 78:4 93:20 193:21
Page 272

194:21 169:22 collar 160:14 202:6 commenters 123:5

215:18 170:14 163:15 205:17 8:8 150:15

216:23 173:13,21 collateral 209:19 comments 153:2,4,8

218:1239:1 174:5 51:652:19 210:6,7,24 3:10,144:2 154:22

252:9,15 176:18 52:23 215:7,21 5:2 6:23 201:3

closed 14:10 177:11 collect24:2,5 225:18 7:14,16,18 commitme...

14:23 40:7 179:24 collection 232:6247:2 7:24 8:1,3 27:12 86:3

121:16,19 180:2 24:6 247:19 16:13 27:16 101:8 138:4

224:23 183:19 college82:9 253:14 28:947:20 138:8

236:18 187:19 94:16 256:10 48:15 56:20 166:21

closely 100:9 188:3,10,17 102:16 ComEd68:6 57:13 66:11 committed

closer56:17 189:1 111:14,17 68:13 75:2476:21 18:22 19:9

119:9 191:23 111:18 comes65:8 84:19,20 32:633:3

closing39:20 194:8 197:2 112:5,15 99:18 92:21 109:9 39:15 42:2

60:587:9 206:4 149:18 147:16 109:12,23 61:23 77:2

107:18 209:23 155:17,18 217:5 110:3,5,7 176:17

117:1 214:16 165:2 coming24:14 116:2 187:15

141:24 218:20 209:14,22 71:993:13 122:12 229:12

165:16 221:6,6 212:21 106:10 137:9,11 234:11

182:13 222:10,11 colonel94:17 163:11 147:24 committee

194:24 224:11 column 33:20 164:5 148:6 59:24

261:6,7 234:16 34:8,16,22 176:24 150:11 122:18

closures 242:6 243:4 34:23 35:5 179:21 153:1 1,15 committing

111:23 coal-fired combination 246:12,21 154:16 26:7

clothing 13:23 14:3 22:18 180:9 247:3 187:8 commodity

105:22 14:13 28:6 combined comment 189:13 46:10

Club 132:8 40:248:17 15:6 6:18 7:17 195:5 common

132:13,15 65:8 70:16 combustion 38:13,15,22 203:24 66:11 247:8

233:21 97:22 152:9 55:4,23 205:4 commonly

253:22 119:21 comel5:23 56:2466:16 225:16 10:7

254:2,3 121:23 15:2434:21 75:692:11 232:24 Commonw...

CME64:17 125:4138:5 40:9,10,11 109:19,21 234:1,4 76:14

coal 15:3 143:15 41:20 43:3 109:22 237:14 communic...

16:3,8 151:7 91:11,18 111:12 commerce 135:17

23:10 26:3 172:23 103:23 119:6,15 45:8 114:11 communic...

42:10,10 218:20 113:23 142:16 114:14 215:10

76:12 85:19 248:18 118:8 146:7 148:7 Commission commumc...

88:12,15 coal-power... 125:13,14 148:9 149:8 70:2 210:23

99:16,18,21 206:10 125:14 150:4 commit25:9 communities

99:24 119:1 Coffeen 135:10 153:20 28:2029:1 15:977:6

121:24 14:12 25:12 154:10 154:3 173:4 39:6 78:11,13

124:21 88:19119:3 160:14 187:9203:9 commitment 102:19

159:16,17 222:1 233:2 163:14,17 203:18 13:21 16:16 113:7 115:9

159:23 248:20 168:12,14 204:3,13 20:11 26:14 126:19

160:9,12 cognizant 186:5 216:2,3 26:21,24 130:17

161:13 244:3 187:16 237:18 27:1,6,8 160:16

163:3,11 Cohenl46:4 191:3 238:3251:4 29:1549:20 163:16

164:5,7,12 cold-hearted 194:14 259:19 51:21 62:12 165:11,12

166:6 243:23 198:12 260:19,20 81:5,6 165:17
Page 273

166:8 187:3 192:9251:8 128:17 213:15 concerned 73:9 86:14

214:21 254:23 compensati... 221:6242:7 83:1,2,3 89:18 90:11

221:14 255:12 80:5 81:1 252:24 114:17 91:21 99:7

251:1 company compete compliant 126:18 246:17

254:18,23 12:23 24:15 230:17 63:18 131:16 conduct8:18

community 46:23 51:6 competitive 179:13 143:12 conducted

45:11 60:18 51:8 68:15 72:12,18 complicated 159:16 8:23 151:18

66:1278:22 70:14,14 190:21 50:1853:8 168:22 conferences

81:9 102:15 71 :8,22,24 competitors 129:2 179:22 64:21

103:8,22 72:5 73:18 201:9 comply 26:5 180:15 confident

104:2,4,12 77:22 85:10 complete 40:4 77:23 193:12 147:24

104:14,14 88:14 90:19 20:20 32:16 89:1 106:8 206:3 254:3 confusion

104:21 91:16,22 32:21 37:18 118:7,7,21 concerns 35:1

105:2,6,8 93:13 96:23 37:22 47:3 118:23 82:18 congregati...

105:15 96:23 97:5 49:14,16 138:11 152:23 185:7,8,13

108:4 101:2,4 63:2273:12 156:18 166:12,18 185:23

111:14,16 104:9 88:4 112:13 162:13 177:20 Congress

114:5 105:14 156:5,8 171:21 186:16 70:23

123:23 118:7 119:5 176:7 178:8 220:21 137:23

124:15 119:8 122:2 215:15 181:17 255:5,13 congresslo...

135:23 122:4,8 completed 198:6 concert30:5 64:20

165:13,15 130:10,23 11:8 200:16 45:24 conjunction

207:4,7 137:15 completely 205:5 concerted 128:1

211:24 163:24 20:6,23 complying 177:12 connected

213:2,2,12 167:1 160:20 61:14 86:9 concessions 200:4

217:4,10,21 174:19,22 199:10 120:21 177:9 connection

217:22,24 174:24 completion 138:2 conclude 258:6

220:1,3 175:8 181:9 20:7 37:12 209:10 126:2 Connie

222:12 189:1 200:6 complex compounds 146:21 253:10

226:14 217:1 219:7 144:14 22:4 199:13 261:10 conscious

231:18 228:17,21 compliance comprehen... concludes 90:1

239:3 229:1 13:5 17:4 97:21 11:14 30:10 consequen...

companies 234:18 21:1 23:13 compromise 49:23 73:20 27:9 39:3

45:13 68:17 236:6239:9 25:1426:1 250:23 92:7 126:1

70:15,21 247:23 27:20 29:15 concedes conclusion 200:24

72:2378:6 250:6251:9 31:17,18 177:10 65:20 230:8

78:9 97:20 252:10 32:11 37:14 concentrati... 194:22 Conservati...

106:1 129:3 company’s 37:19 41:16 45:8 condemn 99:13

138:10,15 86:1687:15 46:465:12 concept 100:23 consider6:20

140:8 186:21 69:5 87:7 247:5 condition 35:8 39:23

154:22 196:17 89:13 91:24 concern 20:5 257:12 62:3 83:18

157:1 160:9 234:17 100:15 29:11 66:12 conditioning 85:7 90:14

160:13,15 comparable 118:8,15 87:498:6 181:23 91:5 106:4

163:1 164:9 34:3213:12 119:5 150:11 conditions 124:13

164:12,13 217:7 161:17 152:15 12:1 23:10 125:6

166:20 compare 177:1 221:4222:9 26:1837:10 135:15

167:6 34:14 187:16 225:9254:4 41:146:17 136:23

174:21 181:15 208:10,11 255:3,15,16 48:21 54:14 142:4

179:2183:3 compared 208:12 255:24 61:2065:19 147:13
Page 274

160:7 237:24 159:24 23:23 25:22 159:19,24 160:20

161:20 constituents 169:3 44:18 46:15 164:10 169:14

163:8 60:10 170:10 47:1 59:15 175:13 208:15

179:13 constraints 183:3,18 61:3,18 176:20 217:10

191:6 150:6 188:3 191:6 73:676:5 189:3204:5 corporation

194:15 construct 191:24 76:24 78:5 221:7246:1 13:2 45:15

195:18 38:763:13 221:23,24 78:15,21 CONT’D4:1 45:1947:8

198:23 constructed 222:19 79:683:17 5:1 47:1451:10

199:9 16:22 236:10 93:15 98:13 convenience 90:1,1,8

206:21 construction continued 119:19 178:8 201:5

207:9218:2 18:19 20:1 20:223:2 121:9 convening 222:13

223:1236:8 20:1249:18 32:746:11 126:13 168:20 corporations

236:20 54:17 90:23 46:24 167:9 138:14 convergence 77:18 129:2

240:21 129:13 continues 139:20 127:18 200:13

250:5 204:22 17:1720:15 140:7143:3 conversati... 245:1

251:11 241:19 continuing 143:6,13 95:5 Corporatio...

considerable consumers 24:12 32:18 150:14 conversion 47:17

28:18 32:23 159:1 40:22 158:18 121:2 correct34:4

considerably consumption 177:15 169:24 converting 34:21 54:2

147:17 16:3,9 202:7 171:12 118:13,16 54:3 56:24

considerati... 222:5 contract 173:14 Cook 146:6 74:17

66:19 108:8 contact54:22 106:9 177:17 146:16 175:19

112:16 contained 132:22 183:20 168:22 185:1262:9

147:22 12:1 contraction 187:23 191:14 cost 16:21

158:1 containers 151:13 189:7,14 cookie230:4 17:8,14,15

189:13 230:5 contractors 196:4 cookies 18:23 23:18

190:10 containing 193:14 212:16,18 229:11,13 32:10,12

224:13 199:13 227:11,13 212:19 229:17,19 49:1969:5

238:10 contaminat... contribute 213:16 229:22 69:10

considered 222:11 116:14 216:11 coolingl5:10 118:14

8:2 23:3 content 222:6 contributed 218:7 222:3 120:22

27:3 110:6 contention 48:20 246:10 coordinates 125:16

116:23 133:10 107:17 247:20 140:23 145:2,16

considering context 13:19 contributes 248:1 COPD 99:1 159:3 172:4

116:2 40:13 69:7 183:5 253:19 99:14 144:4 244:1,7

121:11 continually contributing 254:16 copies 74:3 245:7

153:11,12 259:12 23:17 255:19 111:4 255:12

consistent continuanc... contribution controlled 153:15,16 costly 19:23

120:9 173:3 152:5 14:8 copy62:20 139:22

123:24 continuation contributio... controlling 74:8,24 costs 17:8

130:5,7 92:10 78:13 143:7 75:2,14 22:13,17

187:20 continue 217:19 controls 111:1 32:15 61:14

189:10 18:10,16 contributors 23:17 73:8 148:15 69:12 71:20

consistently 19:2220:11 177:7 88:1799:21 235:20,21 88:593:13

169:18 25:20 31:20 controll:2 99:23,24 Corp 10:24 120:14,16

constant 88:3 109:14 8:16 12:19 104:6 106:3 corporate 139:19,23

180:5 145:20 16:12 17:21 117:4,7 21:2144:22 140:9192:7

constantly 157:3 18:5,9 141:3 45:6 83:10 245:8

64:5 202:17 158:16 19:23 21:3 158:12,15 159:3 160:5 255:10,14
Page 275

coughl5l:9 134:21 67:9100:12 47:10,17 Cub67:21 168:6

Council 146:6,17 100:15 48:551:9 229:16,20 cut2l:24

144:24 154:24 137:4 51:11 53:14 229:21 101:8

148:22 168:22 205:18 53:16 248:7 cultivate cuts 112:6

189:22 191:14 cousins credits28:3 190:5 cutting

counsel2:15 197:15,15 199:24 Creek 14:6 cumulative 198:18

9:1611:21 201:21 cover2l2:23 25:1288:19 34:17,19 cyclel5:6

84:14 206:16 covering 11:2 119:3 123:3 35:6,9 Cypress

count94:2 207:3,6 coveted 123:7 126:18 211:15

counties64:3 212:8213:4 193:15 161:12 128:20 —_____

111:20 213:6,8,8 Cox3:20,22 165:3 130:16 B

131:19,21 223:17 106:16,18 181:10 curious D3:1 5:12

190:1 202:4 232:9,12 106:22 182:2 233:3 128:12 246:8,13

232:13 240:15,17 126:10,12 246:14 current 248:20

240:14 240:19 126:15 248:19 28:24 48:21 253:24

253:23 245:15,15 co-workers 254:7 51:15,21 254:7

countries 253:6,23,24 197:17 criminal 52:19 66:2 dad 204:21

65:5 254:8,8 C02214:17 68:20 68:277:7 209:5211:1

country 262:2,6 CPS 138:6,11 crisis 46:5 147:10 232:8

65:21 89:12 county’s64:9 craft 195:15 60:13 currently damage

94:18 121:5 65:24 crafting 107:13 18:1 26:12 143:24

123:16 107:10 24:13 244:20 35:16 44:20 144:7

125:3 couple 22:16 crash 209:21 criteria 49:5 50:22 damages

185:14,22 32:1564:10 233:11 5i:21 50:2352:5 145:1,4

226:24 75:23 82:2 Crawford 156:3 53:16 85:10 damaging

227:5 84:2285:12 4:6 14:22 critical77:6 114:21 159:24

245:18 87:2292:21 157:17,19 77:1578:9 131:9 Dampfl84:5

county 14:5,6 95:3 118:17 157:20 146:5 155:17 Dan3:20

14:17,22 119:17 crawling 234:22 171:10,19 4:10 106:16

15:1 60:1,6 123:19 178:24 critique 176:2 188:8 106:22

63:964:1,2 136:15 create73:10 151:22 220:10 170:19,21

64:7,10,14 147:24 166:19 Cross27:19 233:3 dark82:14

66:1,7,14 203:7 190:13 91:10 curtail 22:7 83:19 175:4

66:21 77:13 229:13 196:14 116:19 curtailed data 15:21

81:15,19 237:13 200:14 118:21 22:13 120:9

82:6,7,12 246:4 218:23 122:5,8 curtailing 245:20

82:16,19,21 course 16:7 219:10 cross-exam... 22:9 258:4

82:23 83:7 25:3,21 234:9 238:6 7:5 curtailment database

83:9,11 26:929:4 created cross-exam... 21:222:21 66:10

84:1 102:19 30:9 32:14 123:14 67:6 cushion date37:16,19

102:23 33:1 40:15 243:5 crush 64:8 257:20 38:1 141:18

106:17,23 41:3 87:23 creating cry 257:13 customer 142:24

107:2,24 129:5 106:11 CSAPR 67:23 72:11 181:16

108:4 142:23 creation 39:24 40:8 199:7 213:15

114:15,19 236:9 101:2 40:1741:15 customers 261:4

114:19 court9:7 172:10 41:23 42:14 68:4,14,16 dated3l:15

128:8,8 12:10 40:1 credible 42:18,24 68:24 69:12 262:15

129:21,21 40:543:1 27:12 49:2 69:14,17,18 daughter

131:18,19 44:1062:21 credit47:6,6 CSR1:24 70:1971:5 211:2232:2

240:9
Page 276

daughters 209:13,16 decision 8:15 61:17,19 86:8 187:13 109:17

207:18 209:17 8:1771:8 213:14 189:9 124:22

David 3:12 dean 111:17 76:18 90:2 deferred demonstrat... depends

4:2163:1,7 Deanna2:4 101:20 110:20 123:6 34:1081:12

208:24 6:10 110:15 110:20 defined33:5 169:18 129:19

209:1 Dear 143:2 114:1 42:23 demonstrat... deposited

day 17:16 dearly 124:11,11 definite 49:20 82:5

51:20 64:21 141:21 126:1 187:16 denial66:15 depression

113:22 death98:23 135:16 202:19 denied89:22 178:24

125:21 152:17 145:19 definitely 216:6256:4 179:1

135:21 deaths95:24 210:14 48:24 114:2 deny93:22 derating89:1

136:8,10,10 99:11 211:7 118:5 101:16 89:2

136:12 100:23 215:24 degrade 158:9 169:6 deregulate

137:10 163:7 216:12,23 25:22 45:24 169:15 244:14

161:16 166:15 217:24 degraded 170:16 deregulated

165:13 183:9 218:21 46:19 172:15 48:23 72:7

168:5,14 243:20 223:3 degrades 173:10 72:11

175:15,24 debilitating 225:22 25:23 174:5 deregulation

179:4180:3 247:22 247:4250:4 degree45:8 178:14 127:6128:2

198:1 220:5 Deborah 5:3 decisions 185:22 180:11 214:24

220:11 224:16,20 61:491:22 delaylo2:11 183:1,22 derived

229:17 debt45:5 133:8,12 152:20 185:4,24 144:7

237:20 50:23 52:13 134:9 158:18 186:4 described

252:16 52:15 248:5 180:8 i76:2 189:15 20:6

259:10 decade72:22 181:1 198:1 178:7 191:15 deserve

days6o:13 98:15 229:5230:8 188:20 196:2 130:22

87:22 107:15,16 decline208:8 221:9 201:14 design3l:19

127:22 188:4210:2 246:3 delayed 204:24 120:4

139:7,8 decades declined 134:10 223:4 designation

147:2156:4 65:1099:22 107:14 221:10,16 denying62:6 129:18

156:8 100:1 196:7 delaying 65:12 206:9 designations

260:15 123:21,24 DeClue 152:19 department 116:20

day-to-day 255:11,11 220:16 158:14 82:8 146:13 designed

185:16 decelerate decreased delays 201:23 100:20

deadline8:15 20:11 217:18 100:13 206:18 145:7

260:19 128:18 dedicated 143:22 219:23 desire 19:10

deal 101:5 decelerated 165:6,10 deliberately 237:5 167:9

158:16,18 90:23 deep66:11 259:8 departure despite7l:12

163:17 December 104:16 delicate 90:21 86:16

169:9 29:21 40:5 155:9 93:19 DePauw destroying

170:11 224:24 deeperl9:18 deliverl50:4 231:13 180:13

171:18,24 deceptive 100:7 150:6 dependable detail36:17

175:24 193:10 deeply demand46:9 123:22 45:23

191:16,18 decidel56:7 214:20 65:966:3 125:9 detailed

200:23 decided 19:3 defeats demanded dependent 3 1:16

234:15 19:7 47:14 156:15 167:1 72:15 determine

dealing 70:7 defending demands 124:20 101:21

185:18 deciding 94:18 140:16 218:20 determined

deals 166:22 86:13 130:1 defer6l:14 demonstrate depending 90:11 94:13
Page 277

determines 101:22 234:9 244:5 117:4 124:9 diverge 47:12 18:22 39:17

90:10 257:19 255:17,22 125:21 dividends 63:16 105:1

determining died 95:8 dip 107:15 discussing 133:17 105:13

27:3 96:5 direct79:16 127:21 diving 85:11 115:6 145:3

devastate Diego 210:6 79:17,18,20 discussion division 145:4

240:18 difference 80:5,9,11 29:1047:20 44:20 146:9 181:20

devastated 35:12,14 80:11,15 92:18 102:5 docket 1:5 205:7

82:14 95:22 81:1 193:13 108:18 6:6 84:19 212:16,17

devastates different 230:14 149:2 149:7 212:24

103:8 42:15 52:6 258:5 259:23 doctor98:9 224:2,4

devastating 80:19 91:8 direction 260:10 145:24 243:10,22

62:4 64:2 104:6 186:4 discussions 146:1,4 245:24

66:20 108:3 125:15 directlyl3:9 10:15 150:8 246:2

115:2,4 154:20 113:7 disease94:18 doctors95:14 248:23

213:10 162:21 144:10 94:19 95:10 document 250:7

217:23 170:3 170:12 97:14,24 110:24 251:22

239:2 182:18 200:4,11 98:5,13,22 111:1 dominant

240:16 223:23 director 11:1 99:6 100:18 documenta... 151:5

develop 225:8 226:7 44:20 67:19 151:3 183:6 87:6 Dominion

192:5 230:3 250:3 97:11 diseases documented 230:12

developed 251:9 137:22 163:6 120:6 donations

19:17 252:12 138:18 disk74:20 documents 182:16

177:20 difficult 146:1,5,15 148:19,20 74:687:7 213:13

developing 25:23 73:11 dirtyl57:4 149:7 149:7154:2 218:16

13:465:5 86:11 191:23 disorders 261:3 223:22

238:1 198:20 192:4257:4 163:7 doingl8:17 done39:12

development 211:7225:5 disabled96:1 disparity 18:18 21:11 39:13 50:23

13:1219:4 225:22 96:4,6 127:8 23:2129:1 51:452:1,5

19:20 59:1 difficulty 135:9 displaced 32:18 57:4 57:8 58:24

64:4 82:21 42:5 disadvantage 225:13 58:4,8,18 81:24,24

83:24 174:7 digest 87:23 72:12 displayed 81:10 114:4 86:2 119:4

189:22 diminishm... disadvanta... 123:5 162:16 119:7 121:4

241:7 178:11 126:4 distances 175:11 122:2

developme... dioxide8:12 disagree 152:11 181:17 123:11

143:22 61:16 62:1 205:11 distributed 196:24 163:1 165:4

deviation 88:20 discern86:11 110:23 197:1 222:15

85:1 87:2 100:10 88:7 district59:22 202:15 227:4233:1

87:19 89:4 120:1 143:8 discharge 59:24 60:5 205:4 237:19

90:12 150:15,18 127:23 63:882:8,9 222:24 241:7,24

diagnosed 151:4,5,6,7 discouraged 107:2,3,5 227:1 249:4

95:9183:11 151:12,15 222:17 107:18 231:15 259:20

dialogue 151:18,23 discuss 10:13 108:2 239:15 donor 93:4

116:3 152:4,5,10 65:1 108:16 111:21 244:6247:2 doors 114:6

diameter 152:13,15 121:17 113:4,14,16 247:7,15 224:23

152:7 152:19 175:3 133:24 249:3 232:7

dice2l5:2 153:9 172:3 221:15 198:10,11 dollar4:7 Dorevitch

dichotomy 183:5 235:13 216:21 161:9,11,12 146:7150:3

222:12 199:11 discussed districts 205:10 150:7

die99:17 200:3234:8 22:630:18 198:19 dollars 16:11 Dorevitch’s
Page 278

153:15 dozen 132:21 246:14 254:7 61:5 63:24 217:24

double35:3 134:2203:7 248:19 each2l:23 64:477:5,7 218:19

106:10 229:10 254:7 54:18 96:20 77:20 79:9 223:22

doubt58:10 dozens78:11 duct32:19 104:3 79:14,17 225:18

97:4 Dr146:14 due27:23 145:13 80:1082:17 227:15

Doug 137:22 150:2 77:22 180:4 82:21 83:24 233:6,9

253:5,7 153:15 107:12 245:21 105:19 238:7242:9

doughs230:4 drafted 116:17 eaglesl95:10 107:13 248:13

downl4:10 67:23 139:8145:4 earlier24:22 114:5 252:20

14:24 15:23 dramatically 163:5 192:7 29:16,23 147:10 254:10

15:24 19:7 16:4 192:24 117:20 154:13,24 ecosystem

21:1222:20 drastically 196:8206:4 118:19 160:18 143:19

27:7 30:22 15:22 206:5 208:7 153:2 166:7 174:6 190:4,7

35:19,23 draw244:13 213:12 192:21 177:5,20 Ed5:5

40:2,7 Drea3:15 220:22 198:10 189:21 231:22,23

57:2458:17 76:2,3,6 221:20 203:23 225:4 Edison76:14

63:24 72:19 dream 193:7 222:6 237:8 251:4 226:14 education

76:1277:7 247:14,15 246:16 earlylOO:23 233:11 97:16112:5

77:9 87:18 dreamed 254:11 194:11 237:9241:6 180:1

91:23 95:5 193:1 260:23 229:8 246:17 198:15

103:7 dreams 261:1,3,4 earn72:3 254:19,23 educational

117:11 247:12 dulyl:13 208:16 economical 195:16

118:6,9 drive 2:10 during 8:3 earned 69:10 123:22 educator

123:14 95:4i65:i 24:2026:8 71:4 economically 102:13

125:12 165:14 26:22 27:7 earnings 62:4,15 Edward4:6

131:12,17 227:24 37:14 47:23 47:23 79:24 78:2 119:24 155:14,16

147:1 154:9 228:2 48:24 54:19 80:4,6,18 187:14 Edwards

154:18,19 driven 69:24 75:19 80:24 81:2 242:5 14:4 21:13

155:9 123:13 77:6,16 258:12,13 economics 60:15 89:15

162:23 drop235:8 110:7 earthl60:1 168:3259:5 117:2

181:22,22 dropped46:5 139:15 226:20 economies 118:10

181:23,24 dry89:7,8,14 227:10 251:23 77:16,17 119:22

198:16 119:12,16 240:8 easiest94:21 economists 120:8,12

211:9,22,23 119:18,23 255:17 Eastl:12 243:21,23 122:23

219:21 120:20 dust93:7,7 2:15 economy 123:2,19,21

243:12 DSI119:22 dutiesl6:15 easyl93:19 49:1260:16 125:3

244:24 120:2,8,10 147:9 214:6 64:991:7 128:10,15

245:2 120:14,23 dyingl72:8 215:24 112:2115:7 131:7132:3

246:18 120:24 dynamics 224:7,8 116:14,16 134:23

251:4,8 121:1,2,3,7 91:2 242:13 117:23 135:4,18

Downey 121:7,12 Dynegy eatlOl:11 123:11 141:21

132:12 Duckl4:6 71:14 143:10 131:14,16 149:11

downtown 25:12 88:19 246:15 eating 180:8 157:24 154:9

171:11 119:3 123:3 D-o-l-1-a-r echo 119:6 168:10 157:21,23

downturn 123:7 161:9 Eckstein 182:6 165:4

225:4 161:12 D-r-e-a76:6 3:18 94:4,5 190:14,16 167:23

downwind 165:3 economic 191:5 172:21

230:11 181:10 E 20:259:1 202:19 174:16

254:8 182:2233:3 E3:1248:20 60:9,15 209:4,20 175:8

253:24
Page 279

190:11 152:16 218:8 200:2 158:14,19 125:8

215:18 180:2 227:23 emerging 158:21 130:12

223:18 efficiencies 256:23 119:19 172:4 137:16

248:20 23:12 25:16 electrical 175:16,18 176:18 160:24

253:24 efficiency 65:8 123:23 emission 8:12 188:16,18 173:17

254:7 17:324:6 230:18 10:617:12 191:17,21 174:4

Edwardsvi... 25:18,21,24 237:5 19:1,18 195:11 191:20

207:19 25:24 electrician 20:8,21 199:12,18 196:24

Edyta4:8 120:11 170:22 22:1024:19 200:3 197:24

162:2 224:11 electricity 24:2225:4 203:19 200:10

EEl 102:10 Effingham 48:18 49:9 25:8,15 205:9 212:13

102:17,22 231:5 237:3 70:18 26:5,9 218:23 213:1 217:3

104:8 237:11 125:13,16 27:16 28:3 219:11,14 217:3

105:13 245:15 151:7 28:1429:22 221:6,11 218:17

111:20,21 252:9 154:23 38:21 46:2 246:1 258:6 224:4

112:4 effluent 165:6 49:6 61:16 emit35:17 225:10

113:23 237:24 221:13 62:1 69:1 emittance 240:11

193:14 effort6l:2 224:12 97:21 98:2 206:24 employer

194:10 104:3 133:3 228:2 99:20 emitted 64:1 66:1

198:12 143:12 242:24 143:18,18 170:13 77:3 111:22

201:22 145:21 243:5251:5 145:8,13 emitting 191:4

202:13 175:12 electronica... 152:19 152:13 employers

207:15 177:12 261:3 178:9,11 257:15 193:17

211:14,18 eight 13 1:15 electrostatic 188:20 emphasis employing

217:1,2,9 186:14 23:16 121:6 205:5 156:2 120:10

217:21 216:19 element 245:22 emphasize employment

218:1,13,14 226:21 68:20 emissions 89:24 78:7 131:14

219:21 227:2 eliminate 13:22 15:14 116:10 193:14

effect24:19 238:16 213:15 15:16,19,22 emphysema 211:23

25:5 40:10 259:4 eliminating 16:6,7 17:7 199:16,23 employs

41:15 91:11 either46:22 222:5 19:10 22:3 employ26:2 102:18

112:9 87:9 130:11 Ellen 111:14 28:5,7,9,19 employed 174:8

116:14 130:12 111:16 30:433:22 44:19 emptyl42:10

127:9 162:21 220:16 34:1 36:7 174:16 enacting

effective 226:9235:5 ELPC7:4 36:10,18 210:11 137:16

61:12 122:9 235:12 67:4,18 38:2439:16 212:9 encourage

141:2,8 elderly 115:14 40:1249:21 238:16 208:20

effectively 130:20 119:12 61:1 62:13 246:19 212:1

24:2151:13 144:3 137:3,9 65:579:8 247:1259:4 encourage...

52:11,15,21 199:21 142:13 81:686:18 employee 221:22

53:10 elected 6:23 149:23 99:16 106:8 13:10 154:9 encouraging

effectiveness 7:1 64:5 elsewhere 119:20 172:20 172:9

23:12 electric45:7 103:7 133:21 204:17,22 end 14:11,23

effects 49:11 66:3 67:23 emergencies 134:7,10,14 207:15 21:10 42:24

77:20 80:7 70:1 119:21 134:3,4,5 138:5,16 224:22 54:18 71:9

81:3126:19 139:21 emergency 139:20 225:7226:8 83:597:20

133:21 192:20,22 51:20 52:22 143:8,17 employees 117:8

144:5,6,22 200:6 78:10 98:10 150:16 80:581:2 129:24

151:16 216:17 185:19 152:4 83:15 115:2 130:1,8
Page 280

141:10,11 212:20,23 126:21,21 169:4172:5 249:6 123:22

148:5 213:7,10 126:21 187:5 190:5 environme... essentially

156:19 216:17 127:11 190:8 165:7 198:5 48:1 52:2

160:20 218:8223:9 128:5 201:12 251:21 166:22

188:4197:7 224:21 141:20 202:16 EPA1O:13 establish

200:23 226:22 178:8 214:19 10:22 17:23 27:13 85:16

209:15,17 231:6 246:18 219:7221:5 19:825:2 222:12

211:16 232:18 enrollment 234:21,23 26:20 29:11 established

ended40:1 237:4238:4 107:14 241:13 29:1454:21 17:2128:14

71:6 93:10 238:7241:3 ensure79:7 242:1 83:17 101:3 99:8 138:22

229:17 243:1 81:7 84:24 environme... 152:3 estate 104:24

ends23:19 245:16,21 145:14 1:67:39:17 157:13 Estates

24:11 29:8 246:1 159:20 10:23 11:22 EPA’s 29:11 176:16

endure 86:9 256:23 160:24 12:22 13:5 260:24 estimate

energy 1:3 259:3 161:1 211:4 13:6,8,11 epinephrine 243:21

6:5 9:24 enforce ensuring 16:17 18:18 134:2 estimated

13:3,21 177:21 87:1 100:20 24:16 27:24 equal49:4 31:18 120:7

16:10 18:20 179:7 169:2 28:1630:8 equipment 120:15

25:10,13 222:19 entail 101:4 38:23 46:2 14:15 16:12 estimates

26:8,17 enforced enterlll:3 47:1 48:22 17:6,10 166:14

36:11,19 187:4 244:6,7 61:367:3 19:23 21:3 183:7

45:2 46:5 enforcement entered 67:17 72:10 23:15 46:15 etc 91:7

48:19 49:21 19:14 193:4 73:8,14,15 47:1 61:18 207:9255:7

52:9,10 en,,ine entL 22:23 77:24 79:8 63:14 140:7 evaluate

60:1,17 181:23 29:530:9 84:1488:8 168:12 17:1821:1

72:773:7 engineer 32:4 65:21 91:693:6 212:17 255:20

79:1580:2 131:7,9 87:1091:23 94:1595:20 213:17 evaluation

80:12,22 212:10 91:24 199:6 97:11,19 221:20 23:7

81:2084:14 232:20,21 226:12,19 103:2,10 224:7 evenl8:21

90:2 109:7 241:9 237:10 127:6 128:3 237:20 25:2,18

122:21 245:19 255:13 136:11 243:11 26:1 30:6

123:4 127:3 engineering entirely 141:2 146:2 equity 45:5 40:12,20

133:12 21:20 31:19 72:14 146:9,12 equivalent 65:6,17

134:24 32:19,20 154:20 151:19 49:3 98:18 100:7

135:4,18 119:14 entities47:1l 153:16 ER200:5 116:23

150:12 165:3 104:21 159:10 eroded 150:17

153:7 194:14 entity7o:4 161:17 100:21 151:14

165:16 Engineers 197:23 167:7 177:4 eroding 187:15

170:6,22 211:21 environment 186:16 143:14 188:5,6

172:7,7,9 218:9 18:11 27:4 187:4188:1 escapel97:4 213:7217:6

172:10 enhance 29:840:24 190:4 ESPI21:9 222:15

174:1 17:18 25:9 61:24 77:21 208:12 especially 227:24

177:16 42:13 78:3,4 212:14 60:6,13 245:2

180:20 enjoyl69:3 86:10 103:3 221:3 62:1077:21 259:12

186:20 enjoys 116:5 153:3 222:16 191:19 evening

192:2,20,22 218:12 154:23 224:1 225:4 192:2 211:13

193:2 enough42:12 159:21 233:22 ESPs12O:22 event37:11

204:17,20 60:3 78:19 164:14 241:6 essential78:5 127:16

212:8,9,11 93:1595:7 168:3,8 245:23 78:14 128:1225:1
Page 281

events 222:7

ever 65:4

105:5

168:23

174:22

192:4

202:14

250:13

every 7:21

21:22 38:2

64:21 98:19

99:18 106:2

110:2

113:22

133:23

135:21

136:8,9,10

136:12,13

161:16

167:1 168:5

168:14

175:15,24

179:4 189:1

198:1 206:7

212:17

218:17

225:3

226:20

227:19

237:20

245:21

252:16

259:9,10

everybody

13:24 40:6

56:16 58:9

166:10

175:3

202:18

207:2

230:15

238:5

242:24

244:3

252:23

everybody’s

111:4206:8

220:12

225:16

228:15

everyday

217:5

everyone 6:3

7:13 109:11

109:13,14

109:18

133:19

148:6

149:19

161:16,19

171:16

176:22

178:5 203:1

203:1 214:5

247:6 259:5

259:7

261:12

everyone’s

133:13

177:23

223:2

everything

60:8 93:24

119:7

136:17

154:14

165:8 168:4

168:7 197:1

211:4

216:11

222:24

224:8,9

232:12

239:15

247:1 259:9

evidence

43:17 44:4

44:6 111:10

222:8

evil 197:23

exacerbate

97:24 144:2

exactly 76:15

78:13 86:12

87:13

136:11

249:2

examined

69:7

example 23:8

49:2 68:24

69:15 77:14

88:11

exceed 18:16

198:7

exceeded

245:22

exceeding

23:19

excellence

251:7

excellent

151:21

212:12,13

212:14

except 26:9

209:24

210:19

exception

52:18

192:11

excerpts

137:18,21

139:14

150:6

exchange

72:4 138:3

138:8

158:14

171:20

176:19

188:17

exciting

136:5,5

excuse 75:8

131:10

156:4

executives

210:6,20

exempted

99:22

exemptions

221:2

exercised

47:24

exhausted

88:15

exhibit 5:19

5:19 36:9

36:15 43:23

44:1,3,5

45:22 74:8

74:11

110:20

111:3,5,8,9

exhibits 5:17

11:11 43:16

exist26:15

51:16

existence

226:19

existing

88:17 121:6

exists 35:16

78:16 86:23

expansion

189:23

expansive

173:24

expect

175:23

expectation

19:21 73:17

expected

150:21

expedited

260:15

expenditures

77:23 80:20

140:12

expense 21:3

169:14

expenses

98:16

expensive

24:10,12

68:6 169:23

209:11,13

experience

88:24 142:1

183:15

experienced

105:3,5

111:23

213:5

experiencing

91:17

expert 39:2

139:19

experts 21:20

130:15

139:15

expire 48:5

expires 51:11

51:15 52:7

expiring

53:12

explain 36:16

45:23

229:21

explained

22:21

221:19

explanation

53:18 87:5

explore 119:9

120:24

explored

89:17,20

118:14,8

118:23

exploring

120:22

exponentia...

65:10

expose

257:11

exposed

191:20

exposing

258:8

exposure

46:9,11

143:21

255:23

exposures

144:21

express

220:21

extend 94:7

122:21

157:14

176:9

extended

195:1 197:6

260:20

extending

142:4

195:18

213:1

extension

65:2,12

79:7 82:9

91:18 93:22

106:3

112:13

123:9,10

125:6 126:4

126:7

130:22

155:24

156:11,20

156:21,24

157:7 160:8

160:23

175:8

187:11

188:4,24

189:2

216:22

230:13,19

258:15,18

extensive

187:8

extensively

45:3

extent 92:6

173:3

extra 63:12

69:15 177:9

extreme

127:21

extremely

98:1 159:15

180:15

200:12

E-d-y-t-a

162:1

E.D 117:2

118:9

119:22

120:8

e.g 143 :23

144:6
Page 282

F 244:4 245:1 257:24 fatalities 96:16 finalized

F 8:23 250:6 familiar 139:4 129:24 122:9

fabricl2l:3 faction 113:14 fatel99:24 137:21 finallyl7:23

face 107:8 222:13 families father 167:24 167:11 49:489:6

188:6 factor36:9 77:15,17 218:11 171:18 121:13

200:10 factories 79:10 96:5 father-in-law 182:12 122:4

211:5 176:18 103:4 207:23 202:2,6 146:21

faced 19:12 factoring 105:22 fault 162:16 223:10 189:6

839 36:17 61:5 108:3 115:3 162:17 242:3 208:14

faces46:12 factors23:10 115:3,9 163:18,18 fewerl39:4,5 210:24

78:17 45:24 48:20 124:21 247:21 139:5,6,7,8 255:15

facilities48:5 88:24 126:11,16 favor57:21 FGD37:12 finance44:22

57:22 107:17 129:6164:3 157:10 37:1847:3 45:6,9

102:12 129:20 165:11 fearingl69:4 47:2449:14 140:15

123:6 fail 177:21 209:8217:4 feasibility 49:17 247:14

147:16 failed48:16 239:24 88:5203:18 Fialal84:11 finances

182:16 100:16 family76:13 feasible89:8 fiances 50:22

248:18,21 187:13 76:17 78:6 119:24 158:23 financial

facilityl6:23 failingls6:9 135:13,16 140:15 fiasco244:19 20:1922:10

51:9,11,15 163:19 160:15,19 242:5 fibrosis 46:1,18

51:1653:2 221:19 163:15 February 94:19 47:760:13

53:11,12 failsl53:4 183:15 47:23 fieldl92:2 61:2069:3

60:5 63:15 failure 185:15 federal 17:20 230:17 90:597:2

90:23 150:19 205:1 18:3 19:19 fight 97:14 101:19

172:23 152:18 212:22 27:1828:4 fightingl9:5 124:10,12

181:19 fair59:3,5 213:11 40:149:3 figure4l:20 129:8

188:9227:7 133:9 216:24 61:9,20 94:14 139:24

246:14 156:11,24 231:18 91:6 100:3 figured 252:2 166:12

facing4s:12 157:2 177:2 237:10 100:15 figures 182:5

45:1748:4 191:18 240:9 189:8,10 131:24 221:13,20

60:12 107:7 255:11 fan 166:5 federally figuring 221:21

249:10 faith3:21 fantastic 47:1 210:21 244:19,20

fact 15:10,24 115:22 215:9 Federation file 235:17 financially

18:1739:10 155:6 farl6:14 186:23 filedlO:8,10 22:1923:1

52:765:7 167:13 37:21 50:24 feell29:20 10:13,16 161:2

66:13 70:6 175:17 104:18,22 147:1 12:225:1 213:16

89:12 95:18 185:3,5,23 105:17,18 163:17 64:13 218:24

117:2 121:7 193:4 109:11 174:23 260:21 262:13

125:6 faIl 64:17 129:24 175:9 261:3 financing

141:18 127:3 131:15 202:24 filingl2l:15 20:3,5

192:24 157:10 140:15,16 228:18 filingsl28:13 45:2047:24

193:10 196:9 167:7 197:1 feeling77:19 130:6 48:7,12

194:13 falling94:1 223:24 feet232:22 fill 135:10 51:4

196:13 128:2 232:21,22 felt49:10 filled227:13 find 13:20

197:2 Fallon4:14 257:13 178:3 filterl2l:3 51:2457:19

212:15 179:17,18 farml85:16 few20:20 fflteredl2l:9 96:9136:2

213:6 179:19 185:16 31:564:2 final8:17 179:7,8

227:12 fallslll:21 247:13,17 65:10,12 27:20 101:5 193:18,19

237:18 false257:5 247:18 79:11,13 148:4 217:6
Page 283

244:21 222:5 flexibility force 102:17 131:24 10:10,21

247:12 Fisher 5:3 46:3 68:9 112:7 142:2 155:8 13:22 16:18

250:22 220:7,8,9 68:17 138:2 forced 175:5 19:13,19

finds222:13 fisheries 138:7,14 254:12 179:12 20:323:8

fine 37:4 226:24 flexible 120:4 forces 157:10 192:1 229:1 25:5 26:21

129:22 fishing222:6 floodl05:4 160:4 fossill80:13 27:1728:5

144:12,13 226:10 floodgates forecast 180:19 28:17 35:14

152:6 227:5,9 166:24 18:22 246:3 found 144:20 35:20 36:10

finish 187:18 231:8 flow 90:4 foregoing four 16:1 36:18 40:19

249:11 five7:2028:9 91:21 262:7,8 17:14 64:24 42:15 45:9

260:2 67:18 85:9 140:17 foregone 85:992:2 45:1946:22

finished 95:5 103:12 208:3 194:21 123:21,24 47:21 48:17

195:7 109:12 249:11 foreign96:18 131:12 49:15,21

259:19 110:1 flowed69:18 foremost 154:18 52:12 53:9

finishing 111:20 fly210:6 168:2 189:24 59:19 60:12

233:10 117:24 focus 84:22 foresee 205:3,6 61:1 63:11

fire82:8 118:1 141:7172:9 247:24 232:19 64:1065:8

147:5 158:19 189:22 foreseeable 233:11 66:1467:3

firesl80:17 159:8 221:12 71:22 245:17 68:2469:14

firm 101:8 162:20,22 focused 228:17 fourteen 70:8,10

firmsl94:14 163:10 200:7 foreseen 98:15 71:372:4

first 12:5 170:3 172:2 254:21 258:15 fourth 16:22 72:10 73:13

24:17 27:20 177:1 180:3 focuses 187:3 forestl80:17 98:24 73:15,18

31:1433:16 183:19 focusing forgotten 128:14 74:1777:11

33:19 34:3 194:4 173:23 229:23 172:21 78:12 80:6

35:1036:5 196:12,19 foliagel44:8 form5l:14 four-county 81:2,21

36:20 40:15 200:20 folks66:11 formation 237:11 84:10 85:1

45:16 50:19 201:22 follow34:16 13:7 152:6 frame 13:24 85:3 87:2

56:21 63:23 202:24 35:5 61:9 152:20 175:22 87:16,19

73:23 75:24 203:2 76:20 199:12 frames 32:10 88:4 89:5

84:23 85:14 208:19 166:10 formedl52:8 framework 90:12,21

87:1 101:2 227:12 following 152:11 38:20 69:9 91:493:4

101:4 231:12 201:10 formerl99:7 141:5 93:1394:20

113:13,18 237:4,21 follows 143:1 forms28:5 Frankfort 95:21 96:18

116:10 238:24 follow-up forthl56:3 250:13 96:19,19

118:11 242:10 20:17 forthcoming frankly 98:15,16,23

128:6 250:19,20 food 105:21 169:19 25:19 99:7,9,18

136:10 five-year 165:13 fortunate 180:24 99:22 101:6

137:5,21 92:2 fooll56:7 113:17 freel27:3 101:8

154:19 fix182:1 198:3 141:20 238:6 107:13

156:16 247:16 footing49:5 246:18 freeze7l:6,9 109:5

162:1,12 fixed 22:17 footnote 36:4 fortunately freezer 230:5 110:16

169:7182:1 fleetl5:4,23 footprint 94:9 Friday77:8 111:14

183:12 16:12 17:19 136:11 forward friend94:11 112:1,3,21

205:15 101:9 footsteps 19:1730:4 friendsl78:5 113:23

214:1232:7 119:21 201:10 38:484:19 206:6 114:10

246:13 188:17 Forby3:11 92:9 121:11 from6:11,13 115:14

fishl43:10 fleetwide 56:2257:1 121:21 6:237:2 118:2,12

195:10 120:13 65:15 129:9,16 8:11 10:5 119:17
Page 284

122:16

124:14

125:13,14

126:11

128:11,21

129:4,5,12

129:13

131:13

132:8,13,14

134:17

135:20

137:2 138:5

138:18,20

139:10,20

141:14

142:12,21

143:11

144:16

145:1 146:7

147:16

149:23

150:6,12

151:2

152:12

153:23

154:1,3

155:16

157:18

158:16

160:13,14

161:10

163:14

164:8,21

167:18

169:9

170:13,19

172:17

174:11

175:23

178:19

179:11

180:19

182:12

184:2 188:9

188:10,15

188:16

189:2

191:23

194:1,2

195:11

197:15

198:12

199:23

201:11

204:10,15

206:6,10

207:14,23

210:6,7

218:16

220:16

221:3

222:11

227:6,11

235:1

237:23

239:8,16,18

241:7

243:20

244:16

245:17

246:16

247:4 248:9

250:8 251:6

252:8 253:5

254:6,7,18

254:24

255:7

257:13

front 53:3

froze 23 0:4

fuel 51:6

123:11

219:22

236:5 243:4

fuels 180:13

180:19

fulfill 156:14

167:14

full 7:14

29:16 30:5

42:19 83:18

92:2 120:23

129:11

148:7

fully 14:8

25:13 26:17

27:12 41:5

63:13 66:5

88:14,20

89:17,20

118:13

221:4

full-time

94:24

Fulton 14:6

253:24

254:8

fun 155:17

functionality

96:2

functions

96:14,16

fund 22:17

51:20 83:10

funded 26:12

funding23:1

77:2 113:23

Funny 208:5

further 16:18

40:12 92:11

158:22

262:11

Furthermore

28:2 160:6

furthest

48:17

future 36:18

60:9 82:15

122:2

159:17,21

164:14

167:3 186:2

194:16

227:17

234:23

243:2

FutureGen

26:9,11

36:10

121:21,22

futures

195:14

F-a-l-l-o-n

179:17

F-i-a-l-a

184:11

G

Gabe 13:15

Gabriel 2:8

4:9 9:4,23

165:21,24

gainfully

247:1

gains 145:9

gamble

177:14

198:3

200:15

214:24

gambling

157:8

games 166:22

169:13

170:7

172:11

Gannon

184:2

Gary3:8,11

5:4 10:24

20:4 44:8

44:15,18

56:22

117:20

153:23,24

231:3,4

gas 28:6 45:7

46:5,11

91:6 116:16

116:18

117:23

118:12,14

118:17

123:12

127:2 128:2

151:5 167:3

172:24

gasses 65:18

120:1

gas-fired

15:6,7

gather

179:12

gave 68:4

93:23 149:6

208:17

236:18

Gen 36:18

GENCO 51:8

general 38:24

84:12 85:15

95:13

180:10

201:6

213:13

generally

121:5,8

General’s

38:14 55:5

84:10,13

90:13 92:9

generated

72:22

generating

16:21 52:10

52:11 73:9

139:21

186:21

256:24

generation

26:4 45:13

47:15 48:18

50:22 51:6

51:8 72:11

88:22 89:3

93:21 151:7

159:15

177:17

187:20

211:9225:9

generations

186:3

generator

46:8

generators

69:3,4 72:8

72:14 129:3

140:6

208:16

generous

156:1

gentlemen

11:3 105:6

142:14

219:20

246:10

geographical

107:5

Gerod 5:7

236:13,15

gets 41:23

164:7 201:6

getting 77:9

93:9,11,16

155:22

164:8

229:17

232:22,22

Gignac 3:17

84:9,11,12

Gina 2:14

9:15 11:20

Girl 182:14

girls 207:22

219:24

give 7:9,14

11:5 15:14

26:23 38:1

55:19 58:3

59:3,5

66:18,19

68:1 72:20

73:12,19

75:2 90:19

94:7 107:6

109:19

112:16

165:12

166:3 177:6

178:10

182:16

198:24

201:12

210:19

217:11,21

218:22

225:17,17

246:24

249:9 252:2

252:22

given 46:3,10

62:12 150:6

156:17,20

175:2

192:11
Page 285

222:22 204:12 128:22 59:14 67:15 208:15,17 granted25:6

gives2o8:15 210:15 129:1,15 75:776:3 governmen... 41:4 89:18

226:2 217:18 130:8 78:4,7,22 76:19 117:16

227:20 226:13 134:13 88:13 92:24 governments 118:4125:7

giving 148:2 236:8,18 136:2,3,4 105:20,20 78:11 128:9

179:19 240:19 136:14 108:6,14 Grace3:23 156:20

198:19 247:11,13 141:23 109:4,13 132:14,16 160:8

224:18 248:4255:8 142:2148:2 111:15 gradels6:9 166:20

236:20 256:20 148:9 124:2,16 232:4 176:8

246:11 257:18 156:14 129:23 graduate 196:11,13

253:1 259:20 157:9 162:7 134:18 207:16 200:18

Glennon 260:1,8,12 162:20,21 141:15 Grand 1:12 201:8

184:8 goal28:4 162:23 154:4,22 2:15 15:5 216:23

Global44:21 30:2,5 165:21 158:5 168:9 172:23 granting

Gloria4:14 141:2,4 167:4170:3 171:9 201:20 11:2448:15

179:17,18 215:6 175:6177:8 176:15 249:20 63:1285:7

Glosser2:4 goals 141:6 180:20,24 178:13 grandchild... 90:14

6:10 110:15 God249:13 194:20 182:22 93:21 147:17

203:22 God’s245:17 197:4 186:11 grandfather 159:22

204:11 goesls:20 198:14,20 191:12 199:22 160:23

go 30:15 31:7 35:23 51:22 202:16 193:4 grandfathe... 196:19

31:832:20 136:13 203:1209:7 194:13 70:17 218:2

33:5 35:19 147:1 155:9 215:6,9,12 199:4 grandpas 240:21

39:3 41:15 217:20 215:18 205:9 185:14 244:1,17

43:1 72:19 229:11 217:7 206:14 grandson 245:5,7

72:1976:1 232:21 219:12 211:13 240:11 grants85:2

76:1782:14 goingl4:19 220:15,19 212:6 Grannemam 160:11

83:20 92:15 21:10 32:18 226:16,16 213:24 4:11 171:7 171:13

95:3,11 32:2438:3 228:13 216:16 Granneman graphics

96:9102:2 39:340:3,9 231:10 217:2,2,10 171:9,10 104:20

103:6 40:10,20 235:14,17 219:19 grant28:12 grassroots

108:15 41:1 42:1 235:21 220:8 224:1 29:3,7 233:21

109:18 42:24 43:4 237:15 224:17 76:24 78:21 grateful

117:14 43:22 56:15 239:23 227:1 79:7 83:20 135:12

122:24 56:17 58:16 240:13 232:17 86:13 92:2 225:6

124:24 58:17,19,20 242:4 233:17 108:8 Grayll9:13

135:21 59:162:8 244:16 243:8252:2 112:12 119:15

136:8,17 65:14 76:15 251:5,8 258:4,4 126:22 GRay’s 121:2

141 :21 79:1 83:19 257:12,24 Goodwin 5:3 156:5 great36:2

147:24 93:14,16,17 golf9S:2 224:16,17 161:20 68:18 75:4

148:23 102:7 109:8 gone 16:9 224:20 165:18 75:21

149:4,9 110:17 27:1940:6 gottenloo:5 168:11 105:21

150:15 111:12 58:19 214:5 189:7,9 146:2 174:6

154:13 114:6 good6:2 9:22 governing 197:9 175:3 179:1

155:8 156:1 116:13 11:19 12:17 189:11 213:19 185:14

156:7163:9 121:21 15:1231:9 government 243:13,18 215:10

185:19 124:12,13 31:1041:17 26:1160:12 243:19 217:1220:1

198:15 125:23 44:16 50:13 96:13,13,14 244:14 244:24

203:5 128:16,17 54:10,12 96:16 97:1 246:6 245:23
Page 286

255:3 growing65:4 202:14 77:15 217:17 153:6 159:4

greaterl7:3 98:6107:12 216:19 102:24 Havana 159:17

22:23 29:6 211:3 236:7 103:4106:6 246:15 160:1,5

40:15 grown 240:18 136:20,22 having22:16 166:11,13

131:14,15 146:22 249:22 148:14 57:497:2 168:1 169:4

131:22 grows35:19 hand9l:20 155:19,22 112:24 171:14,16

171:2 growth6O:7 handful 175:16 158:18 171:16

178:13 154:24 193:16 177:3 159:20 172:4,13

195:1 254:2 guarantee handle 180:18 165:4 176:22

254:10,17 116:8 110:18 197:2 198:2 169:23 177:15

254:22 196:11,18 121:7 209:15 185:19 178:12

greatest92:6 196:20 222:10 217:7219:6 197:3218:6 183:4,7

255:23 197:7 handling 225:3 Hawkins 186:2 187:2

greatly47:8 guaranteeing 236:5 250:10,23 235:6,22 187:6 188:7

85:21 88:18 Hang235:7 250:24 hazard 192:5 196:9

140:14 Guerrero Hankins5:6 Hardiek5:10 151:11 199:9206:9

148:12 4:19 205:16 235:5,22,23 240:24 hazards 214:14,20

green 162:3 205:19,20 235:23 241:1,2 151:18 221:5,14

174:1238:4 205:23 236:1,2,3,4 HARDIN2:8 head37:2 222:9223:1

238:6 243:1 206:1 happen hardly headquart... 234:20,22

greener guess 185:21 64:22 81:23 177:11 21:21 244:5255:1

251:23 218:24 130:19 hardship health 7:8 255:4,23

greenhouse 227:24 136:1,4 78:18 86:8 38:23 39:2 healthy 99:2

28:665:18 239:13 180:24 - 86:1288:8 39:340:24 190:4,5,7

Greg4:6 guest227:12 happened 90:896:6 46:1,18 231:7257:8

157:17,20 guidance 64:17 127:13 47:7 86:10 health-rela...

184:16 187:21 133:17 129:18 93:13 94:8 234:10

grew 93:6 Guinn 199:3 162:24 hardships 94:10 96:10 hear 6:3,13

95:18 199:4,5 183:12 153:1 200:6 97:11,12,13 56:12

185:16,17 guys208:5 222:4,15 200:7,10 97:15,20 118:12

185:18 220:11 244:19 harm86:9,13 100:19,21 heard78:12

gridl25:12 226:18 248:2 86:1688:8 101:18 88:1891:9

griml8:22 227:1,18 256:14 221:5 104:5 91:11 98:1

ground 228:1 250:4 happening 222:15 130:15 106:19

144:13 250:14 83:4162:18 257:12 133:13 113:5205:3

group 8:14 G-e-r-o-d 214:10,12 harmed 139:10 208:1

44:21,21 236:13 215:5,19 254:24 142:20 237:16

67:22 83:24 G-r-a-n-n-... happens 48:7 harmful 143:3,19 239:11,12

135:6,7 171:8 91:2,14 143:11 144:9,20 244:3

197:19 G-u-e-r-r-e... 111:24 144:11,20 145:1,4,10 249:24

257:16 205:24 117:22,24 151:16 145:14 252:12

259:2 G-u-i-n-n 215:16 159:18 146:3,4,6,9 259:5

groupsl9:13 199:3 221:6230:9 172:4 146:11,14 hearingl:10

Grove 112:21 happily 177:16 146:19 1:13 6:2,5

113:3,9,18 H 168:24 199:19 147:19 6:127:24

113:21 habits 180:8 happy2o:16 Harvey5:9 150:4,10,17 8:6,18,21

114:2 half 7:21 30:11 76:12 240:5,6,7 150:18,22 9:6,12,18

216:21 28:2052:6 hard57:18 hatel92:6 151:16,21 9:2210:19

grow65:9 99:1 174:18 74:3 76:17 193:20 152:14,22 11:15,17

198:11
Page 287

12:4,9,17 155:13 235:19 142:10 144:1 147:2 homemade

30:12,17 157:16 236:1,12,19 153:5 172:3 191:2 229:11,16

31:2,6,15 158:3 161:8 236:23 159:13 193:16 229:22

33:1237:10 161:23 238:12,20 160:3 162:1 232:5 honest

38:1241:8 164:19 239:5240:4 165:22 higher28:9 158:23,24

43:7,10,13 165:20 240:23 190:19 79:898:8 161:3

43:18,24 167:16 241:16 193:17 127:23 163:23,24

44:3,9,16 168:17,20 242:17 202:5 207:7 150:22 174:4,22

50:4,8 170:18 243:15 233:12 222:3 175:2201:1

53:19 54:4 171:6 245:10 240:1 highest202:4 honestly

54:15 55:3 172:16 246:7 243:11 222:20 174:21

55:12,21 173:6 248:24 247:14 highs 192:3 Honeywell

56:8,12,15 174:10 249:15 256:2 him 11:12 77:10,11

59:10 62:19 176:11 251:14 helped 95:4229:12 102:23

62:2466:24 178:16 252:5253:4 219:24 248:11 114:21

73:2274:5 179:16 255:3256:5 helpful9:8 257:12 honor63:7

74:12,16,19 181:4 256:9,15,18 helps36:23 hired83:13 113:12

75:5,8,17 182:20 256:20 58:14 143:9 historical 242:22

75:22 78:24 184:1 186:8 258:20,24 Henderson 15:16 16:6 honorable

81:1484:3 189:18 259:16 4:24219:18 history 12:1844:17

84:8,17 191:9 260:1,7,12 219:19,20 132:23 hope7:13

85:3 87:21 192:15 261:9 herll9:17 190:24 58:13

92:13,20 195:3,20 hearings 120:10 192:9234:5 109:18

94:397:6 197:11,16 64:20221:2 183:12,13 hitiO2:24 142:3 156:4

102:1,7 199:2 heart99:10 220:19 hitting 159:20

103:17 201:17 139:6 hereditary 131:16 161:19

106:15 202:10,22 152:18,18 95:17 180:17 181:1

108:11,20 203:5204:9 176:7 he’llll:12 Hoffl84:8 198:23

109:2,7 205:13,21 253:21 20:4 Hoffman 216:10

110:3,10,22 206:12 254:1 255:7 Hi84:11 176:16 223:1

111:7,11 207:11 heat56:1,3,4 162:2 Holbrook2:2 225:16

112:19 208:23 heavy 86:7 168:19 6:9 12:18 231:18

114:9 211:11 Heights 173:8 30:23 31:1 233:12

115:12,17 212:4 154:8 174:13 44:1750:5 239:19

115:21,24 213:22 167:22 179:18 50:763:4 242:14

116:1 214:2216:3 heldl:10 202:12 110:14 250:5

122:13 216:10,14 167:12 228:5237:2 122:17 254:16

124:5 126:9 218:4219:3 201:3 238:14,22 ho1d234:18 256:3

126:14 219:17 261:14 241:17 250:23,24 259:13

131:1 132:6 220:6222:1 Hello 155:15 242:19 holding hopes39:13

134:16 223:5 165:23 243:17 52:22 84:17 200:15

135:1 137:1 224:15 170:21 253:13 126:13 hoping 132:2

141:13 225:23 181:8 hidingl75:4 129:3214:1 236:8

142:6 228:3 189:20 high25:18,20 216:9 Hopkins

147:23 230:21 223:8239:7 25:2464:8 home6O:1 95:12

148:18,23 231:1,21 251:16 73:2,8 76:17 184:13

149:4,22 232:15 helpll:12 77:2199:14 149:17 horrible

153:13,19 233:15 89:4 130:17 102:14 182:13 117:14

153:22 235:4,11,16 137:3 114:3 120:6 248:16 hospital
Page 288

95:1499:4 244:8245:9 6:14,15 86:799:12 187:1,5,22 139:11

146:6,14,16 humbly 137:22 99:17 100:2 188:1 189:2 247:22

163:6 168:11 166:3 167:2 100:19 189:4,6,14 illnesses

182:14 hundred 167:13 101:3,15,17 189:22,24 199:17

200:4 182:12 257:16 101:21 190:6,7,20 immediate

hospitaliza... 226:15 ignorant 104:4,14,18 190:21 255:16

139:6 hundreds 200:9 105:2 106:5 191:2,19,24 immense

hospitalized 99:17 ignore 106:24 192:5 194:2 77:22

98:11 104:24 244:12 107:4 108:5 194:6 immunohis...

hospitals 114:18 ignoring 111:20 198:18 228:8

95:11 151:1,17,22 16:15 115:10,10 201:21 impact22:11

hourl:11 163:4,10 111180:2 122:20,23 204:18 38:2340:24

7:21 40:4 246:2 Illinoisl:2,6 123:8125:4 206:7,10,15 41:247:16

255:22 hunting 1:12 2:11 125:13 206:16 61:6,24

hours7:21 226:11 2:169:16 126:12 207:5,14,17 62:463:24

110:2 Huron 10:6,13,22 127:5,23 209:3,3,6 65:14,19

137:24 131:19 11:21 13:11 129:14 211:15,16 66:20 79:14

165:8229:8 hurtl80:9,20 13:23 14:4 131:8,8 212:8 81:4112:1

house59:23 224:8 19:6,825:2 140:3,5,13 214:15 113:6,7

209:13 hurting 26:20 29:11 141:17 216:10,18 114:23

247:12,16 180:21 29:11,14 142:21 216:20 115:4

247:17 239:21 38:14 45:13 143:2,4,6 219:21 124:10

248:12,22 245:1 46:1 48:23 146:3,10,13 220:2,9,17 154:13

household hurts 239:17 49:5 54:21 147:20 222:2 157:24

79:2380:4 239:17 55:457:3,5 150:3,9,14 223:18,19 165:17

80:17,24 H-a-n-k-i-n-s 57:14,15,16 152:3 154:8 225:14 166:7 178:4

202:1 235:24 57:1958:6 157:6,13,21 228:6231:8 193:20

housekeepi... H-a-r-d-i-e-k 58:13,15,18 158:8 159:2 231:24 195:11

110:18 240:24 58:22,23 159:14 233:20,24 203:19

houses 59:3,6,15 160:10 234:5,21 205:1

248:19 I 59:1960:2 161:5162:3 235:1,2 216:24

Hudsonville IBEW 60:13,20,22 162:6 163:5 237:3,6 230:14

14:21 26:7 154:11 60:2461:2 163:19 242:2,7 232:9,11

26:15 167:23 61:762:9 164:3,8,12 244:14 237:9

121:14,16 170:23 62:10 63:8 164:15 246:16 impacted

122:7 250:12 66:22 68:6 166:8 248:19 125:23

128:21 ice 105:3 68:13,14,15 167:22 249:18 144:5 147:1

129:12 idea 175:9 69:2 70:13 168:23 250:13 147:15

224:23 194:20 70:14,14 169:2,13,19 251:6 200:11

236:17 196:23 71:12 72:7 170:7,11,16 253:18,22 255:22

249:21 208:14 72:14 76:4 171:15 254:2,2 impacting

huge60:12 identiukati... 76:7,23 173:20 256:24 152:12

81:3 44:2111:6 77:4,678:5 176:16 259:5262:1 impacts

human38:23 identified 78:8,19 178:19 Illinoisans 24:1649:9

100:21 5:18 144:19 79:2,6,9,16 181:14 62:7 166:11 60:4,15

143:19 identify 79:23 80:4 182:24 Illinois-Chi... 124:13

144:20 95:17 80:983:5 183:21 207:19 130:18,19

216:18 idiopathic 84:10,13 185:6,8,15 231:14 143:19

243:21 94:19 85:16,17 186:3,12,16 illness 139:8 144:10

IEPA 2:15
Page 289

159:16 109:16 189:8 indirect injecting 173:23

255:1 improve incorporate 79:18 80:12 17:15 23:22 187:17

impair23:15 61:20 10:16 193:23 24:4 188:2200:5

impartial 117:23 incorrect individual injection 210:15

227:21 169:20 175:10 7:5,677:17 17:1323:6 institutions

imperative 183:17 199:11 individually 23:7,24 195:17

103:1 215:16 increase24:6 250:2 42:12 89:8 instruction

implement 218:22 86:19 individuals 89:14 111:17

63:13 66:5 improveme... 140:16 144:3 119:12,16 instrument

175:21 187:19 200:4 199:19 119:18,23 175:14

implemented improveme... increases industrial 120:20 218:7

187:4 63:17 23:24 99:10 131:20 205:8 insurance

implementi... 128:15 increasing industries injections 212:22

137:17 139:10 46:13 77:11 22:1 131:11 intact 145:16

implication 145:15 increasingly 102:23 injuries integral 15:8

16:14 228:22 20:9167:8 115:5 153:2 48:18

implied inadequate incredible industry 11:2 ink 209:24 Integrated

208:9 100:16 113:22 19:1245:17 input56:3,5 151:20

implore 254:20 incredibly 91:3 124:21 inside 155:9 153:17

101:16 Inc 192:22 254:11 141:4 insights 88:1 integrity

importance incentive incurred 171:14 install 23 :20 248:8

221:11 47:9177:11 22:14 172:9,10 99:23121:3 intend3l:24

important include indeed 16:10 173:18 158:12 130:14

24:18 25:7 116:16 C6:16 174:1,5,8 169:23 intended

27:251:3 117:1 129:23 197:3 189:4196:4 38:1655:5

77:12 83:12 122:10 141:6 209:21 213:16 intending

85:13,22 139:4 166:13 213:6 installation 182:4

86:1,5 90:7 253 :23 indefinitely inequity 69:4 18:23 19:23 intensive

96:17 103:3 included 250:19 infeasible 23:15 61:19 207:20

105:22 11:13 88:10 independent 37:12 221:9 intent72:2

135:14,23 110:24 68:10 187:14 installed intentions

135:24,24 234:7 194:13 infinitum 16:20 17:2 190:18

139:24 includes 14:4 226:10 156:13 17:7,13 200:22

152:1 155:1 59:24 INDEX4:1 inform 21:4 117:7 interest82:3

159:10 including 5:1 229:23 168:13 101:13

162:10 13:2 21:2 indicate 32:1 information 205:11 interested

166:6191:7 23:528:1,6 54:22 29:1764:11 installing 98:1 128:6

192:3 72:980:4 indicated 87:21,23 61:17 204:6

197:17 81:1 85:19 37:11 54:16 88:1,6 158:14 262:14

211:22,24 116:18 68:3 122:5 215:4,22 176:19 interests

211:24 144:3,4 indicates 226:2 183:19 171:14

218:21 152:9 190:1 68:20 71:24 infrastruct... 187:13,18 interim 87:16

220:13,23 199:21 130:9 207:8 189:3 internally

227:20 241:19 indicating 210:16 212:16 69:5

importantly income 81:19 87:17 initial 84:18 instead 19:5 Internet

26:6108:4 104:11 indication 87:4 19:1620:9 210:2,8,9

155:20 113:11 51:1227:20 initially 29:2130:19 210:13

188:22 202:1,4 indicators 142:18 34:5 120:22 intimately

impose inconsistent 126:21 inject22:2 170:6 101:1
Page 290

intimidated irritant 151:5 240:15,17 58:1,5,7,15 257:4,5 213:7,10

133:5 irritates 240:19 58:19 59:2 jobs-for 215:18

introduced 151:8 245:15 60:22 64:8 60:20 216:18

110:21 irritation JeanlIl:14 64:14,15,18 John4:195:7 218:8

introduction 151:10 111:16 66:1376:10 184:3,4 219:21

121:7 island2lO:7 Jennifer2:2 77:10,12 204:14,17 248:21

invest46:13 isolate 129:4 4:3 6:9 78:4,7,19 236:24 254:13

47:9,14 isolation6l:5 110:14 78:22 79:17 237:3 256:23,24

91:22 issue6:20 115:13 79:19,24 Johns95:12 259:3

101:14,15 8:1021:6 142:12 80:11,12,18 Johnson2:3 Joppa-Ma...

208:4 55:958:7 jeopardize 82:22,23 3:19 4:22 112:21

invested 92:595:20 133:12 83:1296:3 5:96:10 113:3,9,18

63:16 170:5 128:7 174:3 jeopardizes 96:7,8 102:8,9 113:21

205:8 178:7 22:22 102:18 110:15 114:2

investing 220:22 jeopardy 103:7 213:23,24 216:21

51:5210:15 issues7:8 195:14 104:10,11 239:6,7,8 Journal

221:23 13:820:5 Jeremy4:18 104:13,13 join230:2 127:2

243:11 57:4,20 202:11,13 104:22 Jones4:18 journalist

investment 212:23 jettisoned 105:5 106:6 201:18,19 209:22

11:123:5 220:18,22 128:15 106:11 201:20 Joyce5:14

44:1945:2 222:11 job60:7 108:3 Joppal5:1 132:10,12

45:11 46:24 249:6 62:11 86:11 114:18,21 21:12 57:6 184:18

68:23 69:11 items 85:13 112:9,13 114:24 58:6,14 253:13,14

120:3 130:2 104:7 114:20 116:4,4,8 60:1,16,17 253:16

130:9,23 1-80104:17 129:19 117:13 60:19 77:10 Jud&s

140:8 - 130:11 124:3,16 77:10,12 182:14

investments -___________ 13 1:18 129:24 83:3 89:15 Judy 3:17

89:10140:6 J5:12246:8 133:4,6,20 147:13,15 102:8,10,14 92:2393:2

200:23 246:13 136:4 147:5 147:19 102:20 Julie3:19

228:21 Jakubiak 156:6 154:14 104:8 4:23 102:8

investor 421 208:24 159:13 159:2 168:9 111:20 216:15,17

47:1690:6 2091,2 161:1 172:10 114:24 218:15

191:5 James3:17 163:16 173:24 115:6 JulylO:11,16

investors 84:9,11 173:17 177:15 116:22 12:2 27:11

51:1 71:13 January 174:3,7 182:12 117:2,19 31:15 33:12

221:23 29:21 37:18 182:10 190:4,11,12 118:9,11,13 37:938:12

222:16 Jaredl37:2 190:5,8 190:13,14 118:17 54:1555:3

investor’s Jasperl4:17 196:16,20 193:12,13 119:22 56:10

49:15 63:964:1,2 207:21 193:15,18 120:8,12 jumpl5:21

involved 64866:1,7 217:5,6 193:19,23 193:21 June84:6

82:10 83:18 66:14 81:15 219:23 196:18,24 194:1 195:8 junior82:9

97:17 101:1 82:6,21 226:18 202:3,6 195:13 155:16

138:2 157:1 83:8,24 227:18 207:2,3,3,5 197:18 just 13:23

192:22 106:17,23 237:6 211:21 198:12 15:17 16:1

262:13 107:2,10,24 244:13 213:11 201:22 18:8 19:2

IPCB115:8 108:3 247:11,11 241:12 207:15 21:522:7

177:9 129:21 247:22 244:15 211:14 32:2 34:10

irresponsible 20616 jobs 22:23 252:12 212:8,9,11 35:22 36:1

134:9 223:17 57:15,17,19 254:13,14 212:20,23 36:16 38:2

232:9,12
Page 291

38:840:21 232:1,22 224:9225:3 kilhing2lo:9 116:12 149:19

51:1956:17 233:5234:3 238:1242:3 210:9 117:12,13 K-a-p-t-a-i-n

56:23 57:2 235:8,12,20 244:15 kills94:21 123:10 132:8

57:13,21 237:13 257:5 188:9 132:11 K-e-r-l-e-y

58:3,24 238:4,24 keeping kilowatt-h... 136:7 137:9 211:12

59:3,4 239:13,21 70:10 123:14 147:2 148:9 K-i-l-l-e-b-...

63:2064:18 240:19 106:11 Kimberly 154:14,15 174:12

65:22 71:11 244:5245:6 keeps58:16 119:13 155:2,22 K-l-e-i-n

74:1075:15 249:8,9 106:7170:1 121:1 159:17,19 195:22

75:23 79:12 252:18 Keith4:7 kind40:23 161:18,19 K-n-o-e-p-f...

81:582:16 254:13,21 161:9,11 52:2472:20 163:15 184:21

83:1 84:22 256:11 Kelly3:21 93:24 95:19 164:4

85:12 89:23 259:13 114:10,13 155:21 165:15 L

93:14,14,16 260:5 Kelter3:13 160:7 182:6 168:13 labor80:9,13

98:16 107:6 justification 7:267:9,14 217:16 175:2,19 132:20,23

108:8 89:20 92:4 67:16 74:7 228:14 177:3,13 132:24

109:12 J-a-k-u-b-i... 74:14,18,21 232:8 244:6 178:5 223:20

110:12 209:2 75:1 250:3,10 180:18 lack87:5

118:7,17 J-a-r-e-d Kelter’s kinds 181:21 184:18 164:10

119:17 137:6 110:19 230:3 192:4 199:8

124:1,4 J-o-y-c-e Kenny5:9 King3:22 194:15 222:17

137:17,21 253:16 239:6,8 131:2,4,6 198:17 ladies 105:6

138:18 Kentucky 154:17 200:19 142:14

139:13 K 104:19 kitchen 210:12 219:20

146:21 Kansas kept 109:11 230:3 212:15 246:9

149:13 125:13 123:24 Kitchens 220:11 Lafarge

157:24 Kaptain Kerley4:21 184:7 223:20,24 102:21

159:8 160:2 132:8 211:12,13 knew 18:21 225:12 114:20

165:5 166:2 184:17 211:14 70:22 157:8 226:13,15 laid 77:9

171:18 Karnak Kevin 184:15 Knoepfle 226:24 83:11

174:17 259:4 key77:3 184:20 227:18 102:22,23

177:8,14 Katie4:16 84:22 know20:13 229:2232:8 246:16

179:6 186:9,12 111:21 26:11 30:17 232:10 lake 134:21

182:18 keepl7:15 215:10 37:1738:3 239:11,14 222:4

197:20 27:653:6 kick2ll:9 38:841:5 239:16,17 lakesl5:11

199:23 58:1,15 kicks2l:15 42:2446:23 239:23 146:2187:1

203:17 59:1,2 kidsll3:22 51:352:3 241:23 195:10

209:23 77:1578:22 114:6 53:757:7 243:3 largel4:13

210:1 90:792:5 160:19 57:10,15,18 246:12 14:17 90:21

211:21 93:16,20 212:21 57:21 58:3 249:6 144:15

215:19 95:5142:5 216:20 59:2060:14 256:14 157:23

216:7217:5 150:21 223:12,12 61:462:8 257:20 166:23

218:17 153:2,4,8 ki1199:17 63:16 65:4 knowing 194:6

222:23 160:24 210:13 66:8 76:15 37:21 200:13

223:10,20 168:6 Kiliebrew 77:3 95:15 knowledge largely

224:5226:1 169:22 4:12174:11 95:16104:2 208:11 192:24

226:17 175:8177:8 174:13,14 105:15,16 knownl9:19 largerl40:12

228:13,14 182:4 kifled 94:12 106:6 112:8 59:19 196:3 largest63:24

228:16 194:12 210:14 115:21 knows 66:1 107:5

203:1 219:6 143:16,17
Page 292

217:12 146:8 leading85:18 64:1468:14 230:17 230:12

233:21 184:19 98:23 99:1 109:12 258:14 lightly2l6:1

Larry5:11 193:21 117:17 120:15,16 levels23:8 like9:19

223:6,9 200:16 234:6255:4 120:17 25:19,21,24 30:20 34:15

242:18,19 230:3 leads 121:8 152:7 26:1 46:6 43:16 51:4

lastl4:11,23 246:18 learnl55:20 171:21 95:2298:7 53:1,13,22

16:1 17:23 Laurell:24 learned 183:11 144:1 147:3 56:21 57:20

27:20 32:15 262:5 155:5 207:1 150:17,23 58:16 60:21

34:16,22 law7:349:3 252:13 224:11 151:15 67:2,5,8

35:537:16 67:4,17,24 lease70:2 lesser2l:3 178:3 69:275:15

39:13 51:23 68:1,4,4,21 least5l:20 letl9:227:18 230:23 75:18 76:1

53:964:17 69:21,23 131:24 31:836:5 257:14 76:877:19

72:22 77:8 71:20 86:9 180:14 45:16 57:10 liability 81:5,15

82:4 100:1 145:15 188:4,21 59:5,6 129:5 84:9,22

105:4 189:8,10 237:17 86:2490:2 210:16 85:1289:2

107:15,19 Lawless 250:5 125:5 148:9 libraries 89:6,24

107:20 122:16,17 leave7:9 172:14 207:8 92:20,23

113:12,13 124:7 104:19 218:22 library82:8 93:1794:6

113:18 laws7l:17 113:24 223:12 Lieberman... 103:19

123:20,24 77:24 132:11 229:4234:3 195:21,23 104:7

133:23 Lawson 187:9 191:3 245:19 195:24 106:16

134:1 137:3 181:5,6 226:1 1ets223:13 liens53:2 111:13

137:6 lawyers 227:17 letter 81:19 lien-free 112:15,20

138:17 66:10 253:19 81:21 82:3 52:16 114:10

140:18 Iaxl8:8 leaving64:18 84:6128:7 lies86:12 115:13

163:4164:6 244:21 leewayl77:6 128:11 lifelO5:16,18 116:21

165:22 layll2:7 left2O:20 142:19,20 117:9132:3 118:6,12

167:5 Iayingl02:22 131:22 142:23 132:4134:5 119:16

188:11 layoff 77:9 197:15 145:23 171:3 178:4 121:10,13

194:4 193:18 203:8216:2 146:18 186:13 121:17

199:23 213:5 253:12 148:21 199:6206:2 122:1,15

229:23 layoffs legal 86:6 220:16 218:18 126:5,10

233:10 111:23 129:2 lettingl37:8 223:3,11 127:1 129:7

246:4 116:22 legislation 237:16 225:1 131:2 132:7

249:22 117:18 49:372:2 let’s59:6,7 226:13 136:3,23

253:6,17 159:1 legislator 75:22,23 239:24 137:2

256:10 160:17 60:3,8 76:1 102:2 243:21 141:24

lasting 187:2 192:23 legislators 108:15,20 244:8245:9 142:9,11,18

lastly 139:13 213:7 78:12 124:4 lifelong 146:18

late4O:6 lays7l:11 lendS2:21 148:23 114:14 148:13

98:21 Ib/MMBtu lender53:9 149:4203:2 245:14 150:13

136:19 29:20 length29:12 203:5 lifetime 155:3

165:8 lead97:18 32:4 219:14 174:21 157:17

latelyS7:20 116:24 lens86:2 259:20 life-threate... 158:4

later6:17 151:8 171:2 lentS3:3 260:1,7 151:3 160:15

7:128:9 199:12 Leonard levell6:8 152:17 161:18

72:1397:2 211:5 184:13 42:283:7 light68:15 162:21

100:14 leader6l:2 less22:14,15 144:13 70:14 164:22

142:24 leaders97:20 41:264:3 191:2 150:17 165:9166:2
Page 293

169:2170:3 120:23 87:12 135:8 Iivedl55:4 26:1063:9 148:17

173:1 171:21 142:9148:2 168:23 111:20 175:7234:4

174:14,18 188:20 170:5 186:12 122:23 241:10

181:21 208:13 206:17 226:12 191:19 243:18,20

182:9 187:9 257:17 222:8 226:2 livelihood 212:9 254:17

190:7 Lindell 5:12 226:6 230:4 225:8 locations looked 18:22

191:24 245:11,13 251:20 livelihoods 121:22 21:7,17,24

192:12,18 linelS:19 Liu2:53:5,9 79:9 locklOl:4 119:15

196:23 53:14,15,16 6:11 31:9 lives 101:18 159:23 215:5

202:7,23,24 62:8 86:12 3 1:13 33:7 105:23 locking 90:20 looking

203:10,12 101:19 37:841:7 220:17 lodge226:11 21:2224:15

204:22 183:18 50:1253:17 223:16 226:20 27:241:22

205:2,14 196:17 54:10,13 247:10 longS9:1 42:9130:3

206:23 238:2243:3 110:16 living98:6 95:6108:16 131:24

214:1,4 244:14 livable 143:4 126:2 looks 129:7

218:15 linkages 190:13 230:11 137:10,24 162:21

220:14 144:20 IiveS8:5 LLP2:8 147:24 216:11

224:12 linkedl00:9 64:13 99:13 load23:24 152:11 239:19

225:13,15 151:16 99:14 46:9 165:8 167:4 Lord 252:2

226:24 152:14 101:22 1oan248:4,5 172:6 Lorgat

234:4,16 260:17 134:21,22 248:11 175:21 184:15

238:17 liquidl44:14 141:16 Ioansl74:2 214:2 lose62:11

242:11 liquidity 48:9 149:12 lobbyists 220:11 82:23 92:3

243:19 48:11 51:7 157:20 66:9 226:23 92:4 96:7,8

245:19 51:14,22,24 165:1,11,17 local60:16 229:12,15 182:12

250:20 51:24 167:22 60:18 77:6 longer47:2 198:13,14

252:1 257:3 Lisa2:5 6:11 171:10 77:16,17 48:6 94:22 198:19

257:4,8 list2l7:20 176:16 78:1296:19 101:6140:9 227:19

259:7,17 218:18 178:1 195:9 107:24 148:6 247:22

261:5,6 253:9 199:5 112:1 115:3 152:23 losing64:8

likely2l:12 listed7:10 200:12 115:6125:9 228:15 64:1596:3

49:8 95:18 14:9 201:20 125:10,20 long-term 103:6

95:2396:1 listen57:13 204:18 125:22 48:2250:23 114:21,23

98:9,9,11 94:1 130:13 206:2,15 143:10 51:4 52:13 117:13

99:3 117:8 228:14 209:2 154:10 52:15 196:23

117:10 listened 211:15 167:23 130:10 227:18

Likewise 228:16 213:4 168:10 133:13,18 loss65:24

88:16 258:2 listenings7:4 214:21 170:23 144:21 108:2 112:6

limit7:15 112:24 216:19 195:16 150:18 112:14

62:1 109:20 220:12 223:10 198:12,19 176:6 114:18

177:5 Litchfield 228:6231:5 201:24 190:18 133:6 139:8

257:23 220:17 236:4237:3 211:20 210:16 190:15

limitations literally 237:19 214:13 215:6 202:19

178:9,12 151:17 238:15,24 217:22,23 look36:2 213:13

limited46:21 litigation 245:16,17 218:9 39:643:2 220:1

90:1696:14 67:19 249:18 223:21 55:175:19 losses72:21

limits7:12 little40:6 251:23 250:12 76:17 84:19 112:9

60:2461:16 46:347:9 252:8257:9 251:1 92:9136:10 114:20

109:17 66:482:11 259:4 locatedl5:9 142:2 lost77:10
Page 294

78:19

104:13

107:11

132:4

lot2l:6,16,19

21:22 24:1

29:2 39:8

91:3 93:17

99:15 113:5

116:12,24

125:18

154:12

162:7,8,17

163:13

175:12

180:7

182:11,16

210:12

211:23

214:7,8,9

214:10,11

215:1 216:3

216:7

217:11

218:13

223:19,19

224:7

231:11,17

231:18

239:11,12

239:15,18

241:11,23

242:3,4

249:24

250:3

251:21,21

252:12,13

252:14,17

257:20

love 143:11

155:17

209:23

low 26:2,3

42:10 46:6

68:16 70:19

88:12

113:11

127:4 167:4

202:3

215:16,17

lower 23:5

25:2 29:23

42:10 62:1

139:11

150:20,23

193:8

217:19

221:11

lowering

81:6

lowest 88:14

98:2

lows 116:17

lucky 147:5

lunch 7:22

8:8 92:22

106:20

108:14,22

109:5 148:1

lung 93:3

94:12 97:13

97:14,15,24

98:5 99:1,6

100:18

151:3

152:18

lungs 93:4,9

93:19 94:20

96:2 199:15

Lynn 4:14

181:7,9

L-i-e-b-e-r-.

195:22

L-i-n-d-e4-l

245:11

L-o-r-g-a-t

184:15

L.A 1:22

M

m98:9

Madame

9:22 55:21

110:22

made 8:1

13:22 15:13

20:10 21:6

28:9 61:4

70:11 81:6

86:3 96:21

96:22 101:8

109:9 110:5

137:18,22

139:14,22

140:11

153:8 162:9

167:2,6

171:18

177:14

180:19

191:16

200:23

201:2,4

209:11,12

209:16

211:8

216:23

217:24

218:16

226:23

229:3 230:3

232:24

234:5

248:22

251:4

258:1 1

mailbox

261:2

main 14:18

57:12,16

58:2 152:15

185:24

237:12

mainly 237:8

maintain

25:14,23

90:22 133:4

202:6

maintaining

90:3 145:12

maintenance

201:23

206:18

259:2

major 80:19

97:20 120:3

140:6

151:11

198:13

216:24

222:11

majority

145:3

make 8:17

9:2,13,19

11:9,18

13:24 18:13

21:5 35:21

50:17 58:12

58:24 67:5

91:22 94:2

113:14

118:4

124:12

135:15

136:4,16

138:9 140:6

149:19

162:9,19

165:8 168:5

175:16

176:1

177:12

181:1,2

198:1 209:9

209:18

211:7

216:11

221:24

228:1,21

229:15

230:9

234:13

237:13

238:1,4

242:13,14

244:7,10

247:16

248:23

250:4

251:22

253:6 257:3

258:5 261:5

261:6

makes 77:11

making

26:12 56:23

90:1 140:1

166:22

198:15

223:3

229:13

manage

136:9

manageable

140:16

management

133:5,12,15

133:16

134:9

182:10

manageme...

133:8

managing

10:24 44:20

88:22 89:3

mandated

47:1 99:24

102:11

mandates

27:24 46:2

69:1 72:10

140:24

mandatory

69:24

manipulate

200:13

Manjooran

4:13 176:12

176:14,16

manner 8:19

140:14

165:7 168:6

198:5

258:13

mantra

134:11

many 8:7

39:2 62:11

68:5 71:7

73:1 85:15

97:18 98:24

99:5,19

100:23

117:17

123:12

124:1,9

129:19,20

130:14

147:15,19

147:19

155:2

160:16

163:8,21,22

164:9

173:20

174:8 185:8

185:9 192:4

206:5 209:7

212:15,16

212:17

218:18

223:16

225:1

234:10

man-hours

125:2

193:24,24

man-made

252:3

map 14:1

margin 89:4

margins 26:2

46:12

Marissa

184:5

195:21,24

mark 3:16

43:22 79:2

marked 44:1

111:5

market 19:22

20:5 42:20

46:9,10

48:21,23

49:9,12

71:5 72:15

72:19,19

73:2,7,14

80:9,13,17

80:24 91:3

157:10

159:12,13

160:4

167:22
Page 295

187:19 144:12,13 mayor79:1,3 83:10 220:23 136:21

196:8,18 150:19 79:5 82:24 measured 229:20 147:14

197:3 208:7 152:7,21 102:8,9 90:16 253:20 Menne3:3,4

208:17,18 154:15 103:18,20 144:15 257:22 10:22 11:11

210:1 229:3 161:18 103:21 measures meets 18:1 12:8,16,22

246:4249:9 245:3 104:1 42:843:5 127:12 31:9,10

markets 38:6 maximizati... 124:18 87:13 megawatt 43:12

44:2345:5 88:17 Mayte4:19 118:20,22 15:1208:16 140:19

72:7 221:22 maximized 205:20 mechanical 208:18 MENNES

Marks 4:12 25:13 88:20 206:1 232:20 Melissa 4:12 37:1

173:7,8,9 maximum ma’am mechanics 173:7,8 Menne’s

Markum 17:21 230:21 259:2 member3:6 203:23

4:14 181:7 may7:7,12 231:2 mechanism 3:731:2,4,8 mentality

181:8,9 10:9 11:18 McCullough 141:1 33:10 36:23 247:3

Marschews... 12:5 13:18 153:23 medical 37:4 38:11 mention

5:7236:24 43:1348:10 McDaniel 98:16 41:11,14 118:24

237:2,3 54:7 55:23 3:19 103:20 145:24 43:6 50:9 119:1

Mary22O:16 59:1267:4 103:21,24 150:8192:7 55:281:16 128:13

Mason 190:2 70:1,6 McFarlen 212:22,23 132:20 237:22

mass 36:7 81:18,21 4:9 167:17 220:18,22 154:10 mentioned

38:21 82:1,3 99:1 167:19,21 medication 159:15 10:1 13:15

Massac 14:24 99:14 mean 36:17 98:8 99:20 167:23 16:22 23:4

60:1,6 109:16 38:5 52:24 Medicine 170:23 47:22 82:24

77:13 112:7 116:11 146:5,13,15 186:14,15 118:20

102:19,23 125:13,14 118:5,15 medium 203:13,14 124:16,19

114:15,19 125:14 154:21 107:3 203:21,22 154:16

114:19 138:10 160:18 meetl6:15 204:11 178:23

129:21 147:9,9 172:2 16:19 17:4 218:9 179:4

197:15 161:24 190:15 19:120:8 members2:1 192:21

198:9 166:24 196:8 20:2126:16 6:98:1,3,4 244:11,23

201:21 176:3 209:20 27:24 28:14 8:17 9:23 254:5

212:7213:4 177:13 239:19 29:2040:18 12:1830:20 merchant

213:8 189:9 251:21 42:661:18 41:944:17 45:1346:7

223:17 196:18 254:15 61:2478:15 59:1576:4 47:1550:22

massive 230:10 meaning29:9 106:2 76:9 84:16 51:669:4

180:16 232:7 meaningful 120:23 110:4,7,8 72:14 129:3

213:5 247:20,21 27:883:6 127:11 110:14 merchants

257:24 247:22 means 24:9 128:3 155:8 115:23 125:20

materials 253:11 46:8 49:11 156:2 176:1 122:18 mercury

23:22 24:5 258:3 117:8 242:6249:5 123:1 125:1 17:11,18,22

194:9 maybe3o:15 120:21 252:23 125:22 18:1,2,12

MATS 18:4 34:1 168:13 147:4,4 259:10,11 126:12 18:15 19:11

matter 10:18 175:7 180:4 203:2 meeting 143:2 162:5 22:3 23:23

58:670:22 208:10 209:12 17:2018:5 176:14 101:7

96:18 121:8 236:10 226:17 19:942:3 187:10 116:19

126:23 247:7 231:11,17 42:1649:20 203:9254:1 136:16

138:24 248:11 231:18 63:1965:21 memory 138:3,8,13

139:1,2,3 249:1 meant33:22 101:7 143:23 138:14

141:18 Mayo9S:13 36:13 69:13 188:20 menl36:14 140:4,22
Page 296

143:9,16,21 258:24 25:4 29:24 85:1 87:2 55:19 158:19

144:7 145:8 Michel 32:7,13 87:18 90:12 259:21 159:4 161:2

158:15,17 203:23 49:1951:9 minimum money39:19 161:6164:3

171:21 Michigan 64:16 79:16 136:18,19 39:21 118:1 164:9

176:20,24 131:13,22 79:17,22,23 257:18 126:21 170:12

188:16 Michigan’s 80:1,3,5,6 minute 7:21 128:5 129:1 171:17

204:5,7 131:14 80:10,11,14 15:1751:23 129:12 172:3

205:9 microns 80:16,17,21 110:2 158:16 175:18

212:16,18 152:8 80:23 81:1 148:24 176:3,21 176:23

212:19 microphone 81:282:5 229:23 181:24 177:1

222:6224:3 56:17 124:6 87:1799:12 minutes95:6 194:18,18 178:10

230:20 219:4 99:15 108:21 217:11 183:19

234:8,13 microphones 107:11 109:12 221:24 187:8 188:5

244:4 56:16 108:1 136:15 238:6 188:6 192:3

Meredosia middle 51:11 120:14,15 148:3,10 247:14 206:9 209:7

14:926:7 133:1 128:16,18 mislead 250:9,9,15 215:4,11,12

26:10,15 Midwest 128:23 174:23 252:17,18 215:21,22

36:11,19 151:6 190:15 175:9,10 Moore5:13 218:23

121:14,16 171:15 194:5,12 misleading 251:15,16 225:14

121:23 234:22,23 243:22 173:17 251:17 227:3,9

122:6 might2O:17 250:16 missl47:4,4 morel8:3 228:2233:5

128:21 24:1634:18 257:19 147:8,8 19:620:2,6 234:13

129:12 42:13,21 millions mists 152:10 20:23 22:11 236:7

141:19 76:18 87:13 63:16 Mtch5:14 24:2,7,8,11 237:19

merely 123:9 88:6 153:1 181:19,19 252:6,7 24:21 29:2 247:6

merge68:17 184:19 205:7 Mitchell 31:16 32:9 252:17,19

merger45:4 200:10 212:16,17 81:22 32:22 34:9 253:9

message mike 3:3 4:5 212:24 mitigation 36:16 39:8 Moreover

130:6,7 4:12,13 224:2,3 24:1925:3 40:2142:10 46:7139:9

metl0:12 5:15 12:16 243:10,10 26:1629:23 49:4,12,17 170:1

25:1 245:22 12:22 135:2 246:2 mixture 55:13 56:2 morning6:3

method 154:1,7 251:22,22 144:14 64:11 70:8 9:22 11:6

177:16 174:11,13 Milispaugh model48:16 73:1475:23 11:1912:17

methods 178:17,18 223:6,8,9 models 179:3 77:12 87:12 12:21 13:16

17:18 197:12,14 Mimnaugh moderate 89:690:15 20:1831:9

metro254:14 258:22 4:16 186:9 150:17 92:21 95:7 31:1044:16

Metropolis 259:1 186:11,12 151:15 98:7,8,8,9 50:13 54:10

103:20 miles 152:12 mind82:1 modern 98:10,18 54:12 59:15

104:1,17,19 211:15 90:7136:10 117:3,6 99:2,3,19 67:1576:3

105:1 223:10 177:21 159:24 100:24 92:24 109:9

114:11,14 245:17 mindful 173:14 102:15 110:19

197:15 milestone 24:14 183:20 103:12 162:15

207:14 38:21 mine76:12 modificatio... 104:6 108:4 178:23

Meyer5:11 Miler4:3 153:12 10:17 136:15 197:16

243:16,17 141:14,15 180:5 modified 139:22 229:8255:3

243:18 141:16 209:24 10:14 140:15,16 259:9

Michael million 16:21 minimal 66:2 molecules 141:4,7,8 mortality

10:22 12:8 16:24 17:8 73:8 144:17 147:17 144:22

184:11 17:9,14,16 minimize moment 19:2 156:13 mortgages
Page 297

52:14 25:328:1 176:10 207:12,13 155:15 252:7253:6

mostl7:19 28:2430:2 177:6187:3 207:13 158:7 253:16,17

40:965:6 35:13,15,23 195:1 myself 161:11 256:7,10,11

95:18 105:2 38:15,19 198:22 155:18 162:1,2 256:16,22

114:2134:4 40:2241:22 214:16 169:3237:9 164:24 258:21

138:22 42:13,15 218:19 M-a-n-j-o-... 165:22,23 names227:5

155:19 49:7,20 220:11,12 176:13 167:21 253:8,9

162:10 55:5 59:20 222:24 M-a-r-k-s 168:21 Nancy

166:18 61:8,15 224:18 173:7 171:10 146:14

174:22 86:3 87:3 225:8,21 M-a-r-k-u-m 172:19 Nannicelli

188:22 87:1989:5 226:12 181:7 176:15 5:6233:16

198:7202:3 90:13,22 228:22 M-a-r-s-c-... 178:7,18 233:17,20

243:4 92:6 97:18 238:4 237:1 179:18 235:10,14

244:21 101:2,4 241:24 M-a-y-t-e 181:8 235:18

247:8,18 118:8,23 256:3 205:16,23 182:23 NARRATE..

255:22 119:10 Muesenfec... M-c-F-a-r-l... 185:2 3:3,8,13

mostly94:14 120:21,23 184:9 167:18 186:12 12:1544:14

mother 137:17 muffler M-e-n-n-e 189:20 67:13

217:16 138:6,11 181:22 10:22 191:13 narrow-mi...

motivations 139:22 multiple M-i-1-l-s-p-... 195:23 241:11

90:6 140:1,5,13 125:7 223:7 197:14 nation 133:1

motor 143:23 140:14 multiplier M-i-m-n-a-... 199:5 233:22

mouths56:18 143:5,9,13 80:781:3 186:10 201:20 national

move 43:17 143:14 multipliers M-u-e-s-e-... 202:12 1OC.8,1 I

70:11 75:23 145:6,12,19 80:19 184:10 204:16 107:13

129:8 188:20 multi-million M-y-e-r-s 205:15,15 144:24

179:12 195:1 205:10 207:14 205:18,20 148:21

191:23,24 201:11 multi-pollu... 206:1,15 181:13

192:1 229:1 204:2 8:13 10:7 207:13 186:23

moved muchl7:3 13:1359:19 N1122i5 209:1 nationally

131:12,17 24:832:19 76:2385:2 3:1 211:13 28:585:17

131:18 38:239:15 85:1686:22 name6:4 212:7 98:15

132:2 40:14 43:11 141:1 143:5 11:20 12:21 216:17 143:15

168:22 53:20 59:2 150:13 44:18 63:6 218:7 nation’s

185:15 61:1 62:18 152:2 66:14 67:15 219:20 48:19

237:6 63:4 64:23 187:17 76:6 83:21 220:9 223:8 190:24

movement 74:2 81:17 188:14 84:11 93:2 226:5 231:4 natural46:5

30:7 132:24 84:2 88:20 189:16 97:10 231:23 46:11 65:16

moves247:23 91:8,13 193:5 103:24 232:18 116:16,18

moving3o:4 95:7103:8 must8l:10 109:6 233:19 117:23

70:8 89:23 106:1,13 152:24 111:15 236:3,15 118:12,14

129:15 108:12 158:12 113:2 237:2 118:17

224:7 112:23 189:9190:8 114:13 238:14 123:12

MPS8:13,14 114:8116:3 201:3,7 126:15 239:7240:6 127:2128:2

10:8 16:19 122:14 224:24 131:6 241 :2,17 129:22

17:418:1,2 142:15 260:21 134:20 243:17 143:11

18:16 19:1 147:8,8 mutual 137:3,5,6 246:13 167:3

19:4,16,24 153:10 137:14 139:18 249:17 172:24

20:22 24:23 174:15 Myers4:20 141:16 251:16 nature23:11

150:7 154:7
Page 298

105:17 225:14,19 108:7,7 210:18 240:7,12 178:17,18

naval 170:23 227:14 neighboring 234:7 241:3,18 178:18

Navyl35:9 235:12,13 131:19 237:15 242:20 north2ll:15

207:17 235:20 190:22 newly 59:22 245:16,21 238:24

near 52:4 needed 20:8 neighbors news 127:1 246:1 Northwest...

113:20 69:11,16 106:24 232:6 248:20 119:14

179:24 99:21 neither 11:23 newspapers 249:19,22 notably

191:19 120:23 94:12 209:23,23 250:17 138:23

204:18 121:18 125:22 210:3,9,10 251:17 note20:3

227:17 154:23 127:8 210:14,14 252:8 25:736:6

nearby 14:22 196:4 nephews newsrooms next28:19 61:16 85:12

102:20 228:24 199:24 210:3 29:1 30:8 89:24

nearly 80:3 229:10 nervous Newton 39:7 41:3 noted 27:10

80:23 213:6 needless 64:7 143:24 14:16 16:23 43:14 44:7 72:7

254:1 100:24 net27:4 17:2420:1 53:965:10 notes262:9

necessarily needs6:19 28:1630:8 21:1332:8 107:16 nothing

116:6 49:11 57:8 219:11 47:3,24 117:24 95:16

necessary 57:17 59:8 Network 48:13 49:14 156:8 127:12

17:423:19 69:690:20 186:15,19 49:17,18 159:15 130:16

46:2447:3 100:18 186:22 54:1863:9 163:10 205:4

48:6,19 134:13 187:7 63:15 66:1 168:14 237:19

49:1461:18 161:19 189:14 79:2,6,15 nicel54:16 noticel:10

63:17 77:23 163:24 neurological 79:18,21 220:4 77:9

121:3,5,15 2C1:1,6 163:7 80:2,12,22 nieces 199:24 noticed8:21

152:23 215:3,11,12 neurotoxin 81:7 83:2 night 136:12 not-for-pro...

159:19 215:21 143:22 90:23 nights 136:19 185:6

191:23 216:4 244:4 106:23,24 165:8 November

necessitate 217:14,15 neutral 8:18 107:23 nine 113:12 128:20

116:9 217:17 never70:11 117:5 nitrogen 154:10

need7:825:8 228:21 71:3 104:15 129:16 143:8 Nowhere

26:2 51:7 259:6 113:20 186:21 nitrous 234:9 72:20

55:1857:11 negative 168:13 188:9 Nobody N0x16:6,7

57:2458:4 47:16 257:11 189:17 180:13 17:618:12

58:5,7 159:16 newl8:19,20 204:17,18 nonattain... 18:1519:18

87:23 88:7 173 :21 21:15 25:3 204:20 254:6 42:4 98:2

93:20 96:11 negligible 27:14 64:6 206:17 noncompli... 101:8 138:4

96:19 100:5 65:19 66:5 69:20 215:15 145:17 138:9,16,19

100:12 negotiable 99:24 223:9 None 127:6 138:22

106:3 230:24 106:11 224:21 nonfatal 139:1

123:10 negotiated 109:9 225:10 139:5 140:22

127:16 67:22 116:17,20 226:11 nonnegotia... 143:9,18

156:13,21 negotiating 127:1,6,8 231:6,24 228:23 144:1,10,17

158:24 101:3 127:12 232:18 nonprofit 145:2,8

161:3,4 132:22 135:20 233:4236:4 186:24 204:5

162:1 negotiation 140:6 155:5 236:4,16,19 normal66:3 218:23

163:23 138:1 175:19 237:4,10 normally 234:12

165:21 negotiations 176:3 238:15,16 25:19 nuclear68:6

172:7,8 193:4 181:20 238:23 Norman 3:18 number 15:7

176:5209:7 neighbor 209:4,20 239:1,8 4:1394:4 17:1821:1
Page 299

22:23 34:13 70:1 215:4 131:1 132:6 224:15 55:12 56:6

34:2135:18 obvious 228:11 134:16 225:23 56:1962:24

45:23 58:7 227:15 offers2l7:2 135:1 137:1 228:3 67:274:2

104:9105:8 obviously office7:19 141:13 230:21 74:1975:3

118:6 121:4 41:19 51:1 38:15 55:5 142:6 231:1,21 75:7,22

127:22 52:6 96:5 82:6 84:10 147:23 232:15 111:7

142:20 166:5 193:9 84:13,15,18 148:18,23 233:15 115:17

143:19 occasion 90:13 92:9 149:4,22 235:4,11,16 132:10,12

144:11 129:22 109:24 153:13,19 235:19 132:13

152:14 Occasionally officer 1:13 153:22 236:1,12,23 153:19,22

174:20 155:21 6:29:6,12 155:13 238:12,20 153:24

175:13 Occupation 9:18,23 157:16 239:5 240:4 184:4,23

187:12 146:9 11:15,17 158:3 161:8 240:23 203:1

199:12 occupational 12:4,9,17 161:23 241:16 204:12

numbers 146:12 30:12,17 164:19 242:17 229:11

34:4,7,12 217:15 31:2,6,15 165:20 243:15 235:11,13

34:14,18,22 occur26:19 33:12 38:13 167:16 245:10 235:19

35:4,10 31:2286:16 41:843:7 168:17 246:7248:4 236:2253:7

36:281:3 occurred 43:10,13,18 170:18 248:24 256:15,20

Numerous 137:19 43:2444:3 171:6 249:15 oldll7:3

144:18 occurring 44:9,16 172:16 251:14 146:23

nurses 180:16,17 50:4,8 173:6 252:5 253:4 159:23

207:20 odd57:23 53:19 54:4 174:10 256:5,9,15 169:22

N-a-n-n-i-c... 60:21 54:15 55:3 176:11 256:18,2C 173:13

233:16 off37:1 55:12,22 178:16 258:20,24 183:12,13

39:21 68:11 56:9,12,15 179:16 259:16 183:18

0 — 68:1769:22 59:1062:19 181:4 260:1,7,12 194:11

Oak 182:23 71:8 77:9 62:24 66:24 182:20 261:9 241:20

oath67:6 83:11 92:15 73:22 74:5 184:1 186:8 Officer’s oldest229:9

object 169:5 102:2,22,22 74:12,16,19 189:18 87:22 once49:2,13

objection 102:23 75:5,8,17 191:9 office’s 87:4 158:21

43:20111:2 108:15 75:2278:24 192:15 officials6:24 176:3

objections 112:7 130:5 81:14 84:3 195:3,20 7:1 64:5 one 14:7,10

64:13 75:12 148:23 84:8 85:4 197:11 offsets 27:11 14:22 16:2

objects 11:24 154:5 198:3 92:13,20 199:2 off-the-rec... 16:11 18:5

obligation 210:2 94:3 97:6 201:17,23 92:17 102:4 21:13 22:5

61:23 229:20 102:1,7 202:10,22 108:17 28:18 29:16

112:12 235:9 103:17 203:5204:9 149:1 33:241:11

179:7,11 246:16 106:15 205:13,21 259:22 41:2442:22

248:5 249:6 259:20 108:11,20 206:12 260:9 49:16 52:9

obligations 260:8 109:2 207:11 often86:11 52:10,12,12

63:20 offer8:3 110:23 208:23 185:19 52:14 53:9

167:13 110:7 137:8 111:7,11 211:11 oh53:23 97:2 54:13 55:24

249:5 137:10 112:19 212:4 156:13,14 58:761:14

obsolete 139:14 114:9 213:22 161:18 62:11,11

173:18 141:21 115:12,17 216:14 229:13 64:266:14

obstructive offered2l6:8 115:21,24 218:4219:3 okay6:312:9 66:1575:2

98:22 offering 122:13 219:17 34:15 36:23 82:15 83:3

obtain39:14 187:24 124:5126:9 220:6223:5 37:443:18 96:9,16 obtaining
Page 300

98:14,15,19 21:1826:16 17:2,8,15 165:24 26:431:15 140:5

103:13 32:2039:4 22:13,17 174:6,15 33:1234:16 144:11

105:8 111:1 46:16 55:22 23:10 25:9 175:3 38:13 54:15 150:21

113:24 61:19 85:22 27:22 28:23 179:19 55:3 63:21 156:11,24

121:20 96:7100:5 42:277:20 190:21 100:15 157:1

122:6 105:5 110:5 194:16 192:19 187:5 160:12

124:12,18 115:2117:4 211:20 197:14 244:15 162:9,17

136:9 124:14 218:9 207:22 248:6 163:1,5,8

139:17,21 125:8 128:7 operation 210:18 orderly 8:19 163:21,22

146:23,24 130:2 25:10,11 224:18 organization 164:7,9,12

151:3 156:9 147:13,19 39:21 228:11 126:17 164:13

161:15 159:3,23 operational 236:18 162:4 185:6 167:1

173:12 167:11 26:3 139:24 246:11 186:24 173:20

178:7,22 183:2 operations 252:18 233:22 177:10

179:4,24 193:13 21:2 22:1,7 253:2 organizatio... 183:3

180:22 196:14,20 22:10,12,22 oppose 66:9 195:16 188:18

181:2,24 207:2 79:15 80:3 169:14 217:11,12 189:1,3

182:4 212:12 80:23 122:3 opposed organized 192:5 194:8

184:23 213:11,14 165:3 34:13 85:9 223:20 195:14

186:2 220:1 197:19 86:21 organizing 196:10

187:12 221:10 operative opposition 77:2 199:12,16

190:4,23 230:1 237:9 70:5 142:22 original 199:20

193:16 238:3 operator 186:19 33:2434:6 213:11

196:13,15 239:20 236:5 187:11 172:22 222:14

197:22 opacity operators optimizing 234:7 226:15

198:13 136:19 177:11 119:2121:6 Orrisl46:11 227:6

200:20 open 128:10 opinion opting 204:2 Ostensibly 230:17

202:2 166:24 166:3216:7 option2l:18 169:20 233:13

206:23 175:8 245:18 21:22 42:21 other 21:4,7 238:3

207:18,19 215:10 opinions 47:21 48:1 21:1722:7 239:18,18

214:2 opening6:13 216:7 48:8,10 23:424:5 240:12

215:24 9:20 11:18 228:15 50:14,20 25:1027:12 244:9

216:1 openly 239:12 51:13,18 30:15 31:21 254:18,23

217:12 170:11 250:1 52:2,896:9 39:23 41:9 others48:24

220:14 operate opportunit... 118:13,16 42:14 45:6 85:15

222:13 25:2026:7 173:24 119:9,16 49:451:2 163:10

224:5 26:15,22 opportunity 121:11 53:2 64:10 196:15

226:23 28:24 160:9 12:21 50:2 222:22 71:13,15,18 227:10

229:8,9 166:17 59:17 81:18 options 20:21 71:21 73:3 255:8

231:12 173:13 92:3,5,8,10 21:2,7,17 82:10 87:13 otherwise

233:4250:2 194:19 97:9 101:24 70:7 87:7 88:5 89:11 28:11 70:2

255:22 197:6 198:4 106:19,20 88:5,9 91:20,23 70:11

257:18 operated 135:10 89:17,20 96:20 97:19 138:12

260:5 26:20 136:6,7 118:6215:6 117:1,17 155:10

ones35:10 105:12 142:16 oral7:267:6 120:1,16 166:11

193:19 198:2 150:1 154:5 75:9,10 127:8 195:2

online2lO:22 operates 155:12 order7:10 129:14 ourselves

only8:1 166:17 156:2158:6 10:19 16:19 135:19,20 13:20

18:1320:11 operating 164:23 18:2425:14 139:24 163:23
Page 301

outl9:8 247:24 72:2278:8 39:10 paper74:24 35:451:8

24:11 39:8 250:12 79:17 82:11 own 19:13 75:2,14 particularly

39:1840:21 253:6 86:1891:20 47:1748:7 111:1 42:1899:6

41:2043:3 254:12 98:1699:12 68:2290:3 136:13 100:17

59:5 71:11 outcome8:5 99:13 100:20 155:24 119:22

76:8,15,18 110:9 107:14 106:5 156:5,8 145:11

79:12 80:2 117:18 108:1 146:22 256:13 153:6 199:8

83:693:14 outcomes 114:23 160:9 papersl0:9 199:19

95:3 99:18 173:21 115:1 200:14 par5O:24 200:17

101:3 103:6 outdated 123:23 201:2258:8 parent46:22 204:6

115:15,19 169:22 140:9 owned 70:16 47:11 51:10 particulate

116:5,21 170:14 149:13 105:12 89:24 23:24 121:8

117:15 173:13 152:11 owner 179:22 138:24

118:6 177:16 155:4162:4 226:10 parents 139:1,2,3

125:17,18 197:6 171:3,14 owners85:19 94:12 144:12,13

125:19 241 :20 174:2 179:2 ownership 185:20 145:1

130:16 outdoors 185:8 248:17 Park 182:24 150:19

131:18 169:3 190:15 oxides 143:8 Parker4:22 152:6,21

132:18 outlined 194:4 196:7 151:21 212:5,6,7 particulates

133:16 73:10 206:17 199:14 part6:17 24:3,7

134:22 outlining 211:18,19 oxygen94:22 11:415:9 159:18

135:23 13:16 219:11 94:23,24 26:11 38:18 parties 7:5

137:3 outperfor... 227:1,2 98:24 48:19,21 9:267:7

140:14,21 71:15 228:24 199:13 58:21,22 68:1074:1

147:6155:7 outraged 235:1 ozonel38:24 67:2270:15 156:24

156:7 199:8 240:18 139:2 75:6 82:20 262:12

158:18 outsidel9:13 245:24 144:13 85:2298:2 partner

161:4 200:1 257:9 246:4 147:2 105:7,23 185:13

163:11,22 outstanding 248 :23 o’clock 107:4 partnership

164:5 165:2 50:24 250:7,16 108:21 129:23 185:7

168:14 outstandin... 257:18 136:10 parts 75:9

171:18 255:3 overalll3:21 P 179:6194:6 199:14

175:22 outweigh 27:230:2 PA240:10 197:18 party45:19

178:24 126:3245:7 35:2286:17 Pacific2l0:8 204:21 46:22

180:23 245:8 90:8 171:3 package 241:19 pass220:3

188:19 outweighs overly5o:17 88:10 106:5 249:4254:2 passed28:21

194:2 86:9 overnight 106:10 257:19 70:23

197:24 over 15:23 49:10 Paducah partial 89:2,3 199:22

201:7 16:1,7,11 overseeing 104:19 120:24 225:12

206:24 16:21,24 13:4 page 3:2 4:2 participation 234:19

210:19,21 17:8,9,14 oversight 5:2 31:17 96:22 passing

213:1215:1 19:2425:2 221:3 36:1954:14 261:12 234:6

215:21 25:21 27:4 overtime 68:24 72:6 particle past 111:22

221:22 28:1929:4 136:15 paid5l:2 100:9152:6 157:4167:3

223:11 30:4,8,9 overweight 6912 71:8 particles 186:13

224:7 232:6 33:1 39:12 180:8 208:6,18 144:14 221:18

240:1 242:5 40:15 41:3 overwhelm 240:17 152:10 path 19:17

243:19 49:1953:2 65:6 paneliLlO 237:23 62:14

247:11,19 65:7,10 over-contr... panels particular patience

144:19
Page 302

261:12 pendency 191:1,18 23:9 25:17 26:18 62:20,23

Patkes 1:24 24:20 26:8 193:18 32:21 64:24 permitting phenomenal

262:5 26:2227:7 195:10 65:768:13 26:1327:14 113:10

Patty228:3,5 penetrate 196:23 82:11 83:10 person54:22 phone95:4

Paul3:22 199:14 198:1 200:8 93:5 104:11 66:14 67:5 physical

5:10 13 1:2 penny 226:20 201:12 107:23 99:2 133:24 180:1

131:6 227:19 214:14,14 113:10,23 146:22 217:15

145:24 people 7:7,10 220:2 225:1 120:5,6,11 206:7 Ph.D 145:24

154:17 21:640:9 225:2,12 131:15,22 239:14 pickl7o:5

240:24 57:4,9,23 226:15 193:8 246:22 203:8

241:2 58:15 59:7 227:6 240:16 247:20,21 204:12

pause 55:20 64:3,5,10 239:12,16 percentage 247:22 picture 73:12

85:12 64:13,15 247:9249:7 26:1 248:3,10 241:12

Pawnee 66:7 67:3 253:11 Perfect personal 250:2

76:12 67:2276:16 255:13 196:17 134:11 254:17,22

pawning 76:19 83:11 257:19,20 performance perspective pictures

53:1,8 93:15 96:1 257:23,24 23:16 19:20,21 241:11

pay 53:4 96:4,5,7,24 people’s 113:16 20:3 49:16 piece 51:3

71:20 78:9 98:6,14,24 247:20 114:3 120:8 60:21 64:12 136:13

97:3 104:22 99:5,13,14 Peoria 14:5 performed 65:24 Pierson5:15

125:15 99:17,17 122:19 71:11 Peterl46:11 258:22,22

166:11 100:17,23 123:2 perhaps petition 8:11 259:1

208:7213:9 103:6 106:7 126:11,16 55:22 85:8 10:4,8,13 pink2lo:4

252:15 106:9 128:8,8 90:14,15 11:2420:6 place 60:24

255:14 109:10 129:6 127:20,24 20:24 21:10 61:10,21

paying 60:19 110:12 134:21 170:4 25:1 33:24 81:23 95:19

64:868:5 111:24 149:12,12 periodl5:23 36:845:22 100:3

71:1278:22 113:5 154:8,24 16:725:3 59:1863:11 108:14

82:22 117:13 165:1 27:429:12 68:2,20,21 134:21,22

101:18 129:20,21 178:19 29:13 31:23 71:23 72:6 145:19

104:10,22 130:21 185:9 32:1,2,4 72:20 73:10 147:7

114:18 135:6,7 189:24 33:1 38:16 76:22 81:11 156:16

124:2,16 136:2,20 190:1,6 55:6 69:24 87:5,6,8,12 177:22

125:15 142:7 253:22,23 86:18 140:9 89:21 90:19 185:3,5,23

192:6 146:24 254:1,5,10 156:19 91:18 123:8 195:9207:1

193:16 147:6,15,19 254:14,21 157:9 187:9 150:12 212:12

200:2 213:2 148:3 255:6 197:6 189:9 216:6 226:3

payments 156:13 per 17:16 228:22 234:2 251:23

47:20 157:2 162:9 25:4 29:24 periods petitioner 1:4 placed 90:12

248:12 163:5,9,22 87:16 108:1 190:24 2:13 9:24 placeholder

paysll5:1 164:9 112:4115:1 permanent 86:888:8 36:14

207:7 166:16 120:13 48:21 Petitioners places 69:2

240:16 169:13 188:10,10 permanently 187:12 95:14

PCB1:56:6 170:7,16 194:5 96:8 Petitioner’s 182:15

Peace 162:3 172:7 257:19 permission 260:23 194:2

peers49:4 173:19 perceived 150:14 phases3l:18 placing

Peggyl84:20 180:20 204:6 permitl57:8 32:10 173:19

Pekinl3l:8 182:10 percent 157:14 Phelps3:12 plan3l:17,19

157:21 188:6,10 15:2416:1 permitted 59:13,14,21 32:1141:16
Page 303

93:9 130:10 128:10,16 26:20,22 188:3,17 204:3 119:17

182:3 131:7,7,9 27:7,21,23 195:13 205:22 148:4,11

187:16,17 132:3 28:639:20 197:6198:2 218:2,22 162:8,11

192:12 141:24 52:12,18,22 198:4206:4 219:4221:8 244:9

208:2,2,3 143:7 144:5 53:1,6,8 206:10 222:19 Policicchio

229:24 152:13 57:1461:1 214:15 232:13 3:24137:5

230:1,2 154:16,20 65:2,9,13 215:5 234:17 137:6

233:7,8 157:21 65:22 68:6 218:20 240:20 policies 13:4

252:17 161:12,14 68:10,18,23 223:18 246:6 133:19

planet 161:16 69:9,10,11 234:16 255:19 139:19

180:13 168:4 69:15,22 239:14,19 256:10 169:19

planned 172:21,22 70:9,10,16 240:12 pleasure63:5 187:4

196:6 173:13 70:17,21,24 241:21 plenty 147:6 222:17

228:12 177:11 71:1,3,17 251:2 192:11 Policy7:3

planning 181:10 71:22 72:22 252:13 plume2S7:10 67:4,17

57:11 58:4 190:11 72:24 73:6 play9l:13 plus 106:11 political

133:18 191:20,20 87:1089:11 166:22 210:2 105:11

141:8 194:11,12 97:22 99:9 177:19 PM2.5 pollutants

plans20:10 194:14,19 99:21,22 200:1 100:14 97:23

37:14 195:12 100:1 113:6 played 116:20 139:20

200:21 197:18 116:9,15,24 221:22 144:13,15 140:22

254:22 198:12,14 117:3,7,10 playing95:2 144:19 141:3

plant 14:4,6 207:3 119:2,21,22 169:12 145:5 152:8 143:18

14:12,16,21 216:24 120:15 170:6 152:13,16 144:6,12

15:121:2 218:16,17 121:4,18 172:11 pointl5:21 145:14

21:13,13,13 224:23 122:3,10 230:17 18:721:5 147:3

22:1423:10 225:3,10 124:20,22 plays60:18 28:1337:17 188:18

25:2227:11 226:11,22 124:24 pleadl05:15 38:839:23 258:9

27:17 28:3 227:16 125:2,3,4,8 105:24 51:17 52:16 pollutel83:3

57:7,7,9,24 239:1,9 125:11 please 7:24 72:2 79:12 polluted

63:9,14 240:16 128:17 8:3,49:2,14 85:687:1 103:12

69:15 76:14 241:20 131:20 12:11 38:22 87:14 114:1 polluter

81:2082:5 245:17 136:9138:5 43:2444:10 116:5,21 145:17

82:1483:2 246:15 143:16 54:2162:16 117:15 polluting

83:19 85:19 249:21,21 152:4 63:2 81:11 118:3,6 183:20

99:16,18 249:22 159:16,18 93:2294:1 164:6 pollutionl:2

101:9 251:3252:8 159:23 103:14 166:10 8:1612:19

102:10,20 252:11,14 160:9 109:14 167:5 16:12 18:9

102:22 253:24 162:23,24 110:3,6,8 204:24 19:6,23

104:8 106:8 254:3 163:3,12 112:16 206:23 21:3,20

106:12 257:10 164:5,8 125:24 208:13 25:22 27:19

114:20,22 258:8 166:6 135:1 137:4 214:3 27:23 38:17

115:6117:4 plantsl3:23 169:23 147:12 227:17 44:1846:15

118:5 120:8 14:1,4,10 170:14 148:4 243:19 55:6 57:3

120:12 14:2215:8 173:22 153:21 pointed8o:2 58:1459:15

121:23,24 15:10 17:7 179:24 172:14 130:15 61:3,18

122:23 17:1421:4 180:2 183:1,22 163:22 65:14,21

123:3,3,7 22:8,20 182:13 191:6195:4 points84:22 76:4,23

124:1,14 24:1 26:19 183:19 195:18 85:12 78:5,15,21
Page 304

79:6 83:17 239:18 120:24 70:15,16 27:13 151:1 11:4 18:24

85:18,21 243:12,20 148:10 71:1372:15 Prairie 30:1043:16

86:20 87:16 246:10 153:1 217:8 73:6 91:3,7 186:14,19 49:23 84:6

87:18 88:10 252:13,16 243:20 91:12,23 186:22 220:24

88:1791:11 253:18 254:6 97:20,22 187:7 preparing

94:11 95:22 254:6,12,15 260:18 99:9,16,18 189:13 157:5

98:3,7 99:3 254:16,24 possibly 99:21,24 pray 142:3 present 13:16

99:9,23 255:19 39:20 41:23 101 :2,9 precedent 30:15 41:21

100:9 pond 65:3 42:9,17 106:24 160:7 53:22 87:8

105:17 poor47:6 133:14 107:22,23 166:19,20 133:11

116:19 116:16 posted222:4 113:6 167:15 143:12

117:3,7 230:8,19 postpone 114:24 183:2 145:12

118:22 population 176:19 119:21 188:23 164:23

119:19 64:1665:1 post-hearing 121:23 196:14 192:23

122:5,9 96:17 6:21 54:7 123:23 230:13,19 246:11

126:13,19 130:20 55:17 84:20 125:10,10 precious presented

130:18,19 152:22 203:12 136:9138:5 245:8 20:2340:14

143:3,6,11 populations 260:6 141:20 precipitator 56:8

143:13 145:11 potent 143:7,15 23:16 president

147:16,18 152:12 143:21 145:22 precipitators 10:23 12:22

150:14,18 199:20 potential 149:11 24:2,8,9 114:13

150:19 portfolio 60:4 65:24 152:4 121:6 122:18

151:15,19 48:19 89:17 91:10 157:21 181:21 189:21

151:24 portion 91:12 107:8 161:12,13 237:23 198:9

152:6,7 18:14 132:1 108:2 126:1 168:7 preclude press 64:21

153:9 239:22 223:16 172:21,22 121:22 pressure

158:12 portions 237:9 181:10 precursor 19:13 24:1

159:19,24 18:16 258:12,13 186:21 138:24 24:8

160:11 pose 55:15 potentially 189:17 139:1 pressures

161:6 position 90:21 206:17 precursors 160:18

163:11 22:1938:3 147:18 215:15,16 144:11 prettiest

164:4,10 60:8 68:2 pounds25:4 215:17 premature 247:17,17

169:23 69:3 133:7 29:24 87:16 224:23 99:10 139:4 pretty 83:12

171:12 251:1,3 120:13 230:12 144:21 103:8

173:14 positions pours 115:6 236:4,16,17 152:17 109:13

175:13 105:7 powerll:2 238:16,23 163:7 133:7

177:7,17 107:20 13:23 14:16 239:1,8,14 166:15 147:24

178:6 positive 19:22 22:14 239:19 183:9 155:24

181:12 166:7 22:15 28:6 240:7,12 prematurely 226:12

187:23 252:19 44:21,24 241:18,20 194:24 227:15

188:5,8 259:14 45:246:8 242:20 premise 228:22

189:3,7,14 possibility 46:11 48:23 249:10,19 257:5,24 prevent

196:4206:5 121:17 52:11 57:7 249:20,21 premised 160:12

206:10 possible20:9 57:14,24 249:22 19:21 189:1 206:9

213:16 37:1639:16 61:163:14 251:2,17 premiums prevention

216:10 88:15,21 65:8 68:7 252:8,11,12 71:12 98:3

221:7,16,19 89:992:6 68:10,14,17 252:14 Prentiss4:8 previous

234:6,12,13 98:2 114:18 68:23 69:2 253:24 164:20,24 89:13 133:5

234:20 119:8 69:9,15,18 practice prepared 156:6
Page 305

251:18 21:1140:20 88:14 programs proposal 73:19

previously 104:9,23 procurement 27:14 97:12 140:20 103:10

72:6236:17 105:8 26:488:11 218:13 169:16 128:3

price46:10 108:13 produce progress 189:11 151:20

72:15 91:5 134:1 167:4 70:18 15:13 54:16 proposell:5 153:16

91:7 123:13 177:20 154:23 154:21 111:3 176:8 protections

192:6 226:6 224:12 155:3 167:6 proposed 127:7

prices46:5,9 246:23 produced 167:9 19:626:5 177:22

46:12 49:9 250:15 22:14 progressive 26:17 29:16 protective

66:3 71:5 problem 83:9 123:21 18:11 30:6 37:18 78:3 145:22

72:19 73:2 97:3 123:14 product prohibitive 39:5 54:13 protects

73:7 91:12 133:11 105:13 120:21 86:21 87:15 186:24

116:16 188:13 production project24:12 138:1 proud85:15

117:23 257:9 135:5,11,18 26:1032:16 142:16 123:18

123:11,12 problems 135:19 36:10,18 150:5 169:5 167:22

127:3,3 94:10 241:3 47:348:1 186:20 219:7241:5

128:2167:3 150:22 productive 48:1349:14 187:11 241:5

193:2,6 152:14 247:18 49:17,19 189:15 prove 175:22

208:8 168:15 products 63:22 106:7 proposition 176:4

215:15,16 180:7 192:6 152:9 112:13 24:11 provide

215:17 197:3 professional 121:21,22 propping 19:17 24:18

246:4 199:20 241:9 176:6,7 48:16 172:8 29:1430:3

249:10 218:23 professionals projected prorations 33:6 46:3

primarily 234:10 142:21 36:9107:15 07:12 47:2448:12

165:3 241:10 143:3 projects 51:5 prospect 52:3 54:16

226:17 244:5255:7 146:19 72:9 133:11 77:588:6

primary28:3 procedural 257:17 promise prosper 89:19

principal 8:24 260:22 professor 137:10 214:22 105:21

232:3 procedures 119:13,15 188:17 prosperity 114:7122:2

prior39:20 13:5 146:8,11 promised 133:13 125:12

67:19 proceeding 150:8 101:14 protect76:19 138:7,13

128:17,19 19:15 30:19 231:13 234:16 96:19 142:19

170:9 101:21 professors promising 100:17,19 160:16

246:14 143:1 155:23 173:17 100:21 168:10

prioritizing proceedings profile48:12 promote 143:9 153:6 223:13

171:13 6:1 8:20 profit 160:5 97:15 187:1 166:16 provided

priority 7:9 261:10,14 profited promotion 187:5 29:22 3 1:16

prisons57:22 262:8 169:9 221:14 196:17 33:13 78:7

private 60:12 proceeds profits 72:21 promptly 206:8 87:24 88:1

64:1 66:1 53:6 69:17 73:9 196:7 203:3 protected 103:5

105:10 process2l:24 210:15 proper69:7 147:10 114:24

228:7 26:13 29:5 245:3 properly 257:21 194:7

255:12 78:16 85:23 255:12 175:17 protecting 207:21

privilege 92:10 97:17 program property 65:16 79:9 212:12,22

231:6 processes 17:12 18:4 104:23 96:17 provides

Priyanth 220:14 18:10,12 112:3 234:20 12:2448:8

4:13 176:12 processing 26:12 27:19 240:17 protection 112:4

176:15 219:23 28:1130:5 proportion 1:69:17 212:24

probably procured 30:941:4 144:15 11:22 13:12 providing
Page 306

33:3 165:6 221:1 223:1 66:14 73:5 147:1 45:1847:21 ran242:3

221:13 234:1,20 76:14,15 169:21 49:24 50:6 range 19:1

provision 242:2245:4 85:17 103:4 178:3,4 50:11 54:6 25:16 120:4

61:15,15 246:22 108:14 183:17 54:8 55:13 257:10

139:22 255:10 121:10 199:10 55:16,23 ranges222:3

140:2 259:19 127:10 222:8223:3 56:1,8 rapidly9l:2

provisions 260:19,20 133:8 230:15 73:24 74:1 ratchet87:18

8:12 10:6 publications 140:20 quantify 85:3,4 rate 8:12

138:7,13 127:1 145:19 204:4 87:22 110:3 10:620:8

prudent 151:23 177:22 quarter 110:9 21:15 24:19

248:3 public’s 181:20 128:14 203:10 24:20 25:2

PSD27:14 172:12 182:3 198:3 Quesada quick5:11 25:4,826:5

Ptacek 3:20 published 203:10 146:15 203:14 26:17 29:16

112:21,23 17:23 206:22 question6:19 234:3 29:20,24

113:2 Pullen 212:21 20:1631:14 242:18,19 35:2138:19

198:10 197:12,13 219:24 31:1632:3 242:19 42:1756:1

public3:10 197:14 223:12 33:11 34:11 quickly 67:24 68:5

3:144:25:2 pulmonary 230:4232:2 37:10,21 166:3 68:8,12

6:16,18 94:1998:22 233:1,2 38:1341:6 260:18 71:872:8

16:1338:15 146:5,15 237:21 41:1755:2 quite32:21 87:16,18

47:20 56:24 183:6 240:9242:2 55:18,22 79:11 97:21

59:2468:15 pulverized 247:7 56:2117:21 174:21 125:15

70:13 75:6 121:24 257:19 117:22 175:23 131:14,21

81:7 86:10 purchase puts22:18,23 121:20 193:6 140:16

92:21 42:17 71:12 24:1,7 122:8 259:20 145:13

100:17 purchased 183:4 128:24 quote3l:19 rated46:16

101:15 229:18 putting24:7 203:15,22 31:22 ratepayers

103:1 purpose8:18 32:2472:11 204:10 139:18 71:2072:4

111:12 156:15 147:18 214:18 rates20:22

116:1 purposes 152:21 228:20 R 28:1442:13

119:15 15:11 176:23 243:6 race244:11 68:1670:19

130:15 pursuant P-i-e-r-s-o-n questioned 244:18,21 98:2 100:5

145:2,10,16 1:10 8:22 258:23 6:15 103:3 244:22 101:8

146:4,11 8:23 P-o-I-i-c-i-c... questioning Rachel 4:11 133:22

148:8149:7 pursuel30:2 137:7 222:16 171:7,10 145:8

150:4,10 push 169:10 P-r-e-n-t-i-... questions 3:4 184:6 150:21

153:4,6,20 pushed 182:6 164:21 3:9 6:17 rail 124:22 193:6

154:3 put 13:19 P-r-i-y-a-n-... 7:23 8:5 rain 144:7 rather 14:13

166:23 24:10 32:18 176:12 10:10,16,21 234:9 42:16

178:12 32:23 34:7 P-u-1-l-e-n 11:10 13:18 rainy 51:20 221 :21

179:23 34:8,22 197:12 20:14,17 raise223:12 rating47:6

183:4187:9 40:1347:21 P-u-t50:20 21:129:18 raised23l:12 248:7

196:9199:9 48:1,8,10 p.m261:4 30:11,21,24 240:9 ratings47:10

201:6 203:8 50:14,20 31:12 33:9 raising 76:13 rationale

203:24 51:13,18 33:16,17 135:22 221:16

204:13 52:2,8,14 quality47:6 36:5,12,20 ramificatio... reach 101:3

214:20 59:6 60:20 47:17 70:24 37:7 38:10 83:19 reaching

216:2,3 62:764:11 100:8 41:9,13 ramp32:15 117:8

220:14 64:1265:23 105:16,18 43:845:11 Ramsey 223:21

105:20 184:14
Page 307

47:16 170:6 recent78:20 recover23:1 27:24 30:3 19:11

read74:17 205:15 123:6 38:668:23 36:1838:17 reflects23:7

95:21 211:7 recently95:9 249:10 49:655:6 refute 193:10

119:17 220:11 111:22 recovered 69:1 85:18 regard2o:14

127:1 236:20 114:19 69:10 87:15 88:11 regarding

128:11 246:22,22 190:23 recovering 88:21 97:22 8:5 32:10

137:18 247:2 recess 108:22 191:1 134:10 37:10 56:1

142:19 248:16,17 203:4 recovery 140:23 86:17 87:7

146:7 250:4 recession 72:9 153:9 171:3 110:9 133:6

148:16 realm 73:16 244:24 recreational 219:11 193:4 204:7

205:15 reap 71:2 recessionary 15:11 222:7 223:22 220:21

220:15,19 reaped 190:24 recruit64:6 234:6 221:2222:2

234:3 171:23 recessions recruitment reductions regardless

readily 6:18 reason 26:19 180:23 189:23 19:18 24:22 194:21

reading 35:21 82:24 recipient reduce 13:22 27:2,17 regards

16:13 98:4125:12 93:3 17:619:10 28:1929:2 138:14

127:14 126:22 recognize 22:3,10 38:21 40:15 region 71:19

ready 56:19 147:6 62:17 40:11 61:23 46:3 65:6 104:9

225:20 149:16,20 132:24 62:13 85:21 65:18 88:23 176:23

real 27:8 155:19 166:7 89:4 112:8 100:7 120:4 189:24

104:23 159:11 recognized 120:1 138:4 120:5 190:20

211:22 180:10 29:11 151:4 152:5 130:16 191:5

255:9 192:23 recognizes 158:13 138:8,9,16 193:13

realities 226:21 29;22 163:1! 138:23 regions

72:18 237:12 recollection 164:4 141:8 145:7 145:10

reality48:4 254:12 101:1 176:18 145:9 regretl33:7

52:24 71:18 reasonable recommen... 188:16,18 234:13 regs 130:14

164:1 174:4 73:16 12:2 191:16 refer7:4 regular33:6

197:4 103:11 recommen... 219:13 36:14 55:24 regulate

realize35:7 reasons 27:11 234:19 67:474:6 192:12

49:11 57:9 42:22 94:8 reconvene reduced 16:8 reference regulated

103:3 96:10122:6 108:21 29:634:17 13:2432:1 47:1168:22

104:20 163:22 record8:2,19 35:6,11 88:23 69:18 70:10

120:19 167:12 9:3,14 11:5 79:7 83:10 referenced 73:3 144:10

238:5 173:11 11:13 54:6 96:2107:19 148:21 regulation

realized 186:1 75:11,12 134:8 referred 10:8 38:20 61:3

204:1,4 receive255:2 92:15 102:2 139:10 50:1453:11 71:473:14

210:13 received 108:15 reduces 74:8,14,22 101:5

really2l:7 69:14 77:8 109:3 110:6 23:12 80:15,22 244:13

28:18 29:9 81:18 93:4 122:24 reducing 204:1 regulations

38:839:24 159:5 142:20,24 15:1428:5 referring 19:748:23

52:17 65:11 188:15 146:20 39:15 42:9 53:13 140:4 61:9,10,11

65:13 85:17 receives 148:24 49:21 94:23 refers3l:21 61:20 73:16

96:11 97:3 188:23 149:5 192:3 152:3,20 reflect72:1 73:17 91:7

109:15 260:16 203:6,11 234:12 72:18 73:11 112:11

136:5,22 receiving 212:14,14 255:17 reflected 116:13,18

142:2,3 86:687:9 245:4 reduction 23:14 87:15 155:8

154:15 160:13 259:20 14:14 17:6 221:15 158:21

166:2,6 189:2 260:2,8,13 17:12 23:4 reflecting 159:11
Page 308

162:17 137:19 74:8,15 193:19 24:13 39:9 required

166:10 relaxed73:15 84:21 92:7 replacement 39:14,18 24:22 27:24

167:8 177:4 Relay2l8:17 141:11 51:14 40:19 60:4 221:7,8

177:19,22 release remedied replicate 62:2,6,13 requirement

177:24 158:17 188:13 52:3 62:1766:15 25:1540:18

190:18 159:18 remember report 66:19 76:24 156:15

191:2 192:8 released 78:6 85:22 144:23 78:1 86:1 requireme...

198:7 188:5,9,11 86:6 188:11 102:11 16:16 17:4

208:12 206:4 remind reportable 103:14 18:1,2,4,6

222:21 relevant34:9 137:12 224:6 112:11,17 42:3 46:13

regulator reliable 155:18 reported 114:16 49:7,21

167:14 175:20 reminds 98:22262:7 115:9125:6 61:1997:22

244:21 relief 10:14 229:6 reporter 1:24 126:6,7 99:23 100:3

regulators 24:14,20 remissl3:20 9:7 12:10 142:22 127:11

137:13 25:629:13 246:23 12:1344:10 158:9 138:12

166:23 30:648:15 remotely 44:1262:21 160:12 145:13

regulatory 67:2468:5 217:7 67:9,11 165:18 requires7:15

16:1619:19 68:9,12,14 removall7:3 137:4 173:2 61:15

27:1330:19 73:1581:12 17:1923:8 205:18 177:10 109:20

69:9 140:21 90:19 23:11 25:15 262:6,18 189:15 requiring

140:23 189:10 25:19,21,24 REPORTI... 191:15 100:7 153:7

141:5 170:6 relies 135:16 120:11 1:22 198:23 research

222:21 relieve 63:19 remove reports 54:17 206:9 2 12:2 97:15

Rehabilitat... 112:12 237:23 54:23 213:19 144:24

146:16 relieved removed represent 2 18:2 222:2 148:22

reinstated 147:9 179:11 66:8 111:16 223:4 151:14,17

41:23 relieving removing 124:24 234:18 researched

reintroduce 200:5,7 72:4 138:19 162:4 237:8 228:13

110:11 religious 138:22 233:24 242:23 reserve75:18

Reis 3:12 185:7 Renee2:9 representat... 252:21 reserves

63:1,3,7 relocate 9:10 10:1 3:12,12 requested 116:18

reiterating 111:24 renege 169:8 13:11 47:22 24:17 30:1 reside 131:8

138:19 reluctance renegotiate 59:12,14,22 103:11 220:10

reject66:16 170:10 166:21 62:20,23 123:8 resident

127:16 relyllS:5 renew5l:16 63:1,3,7 165:19 114:15

234:2,17 relying89:1 52:7 67:1 185:13 189:10 122:22,24

relate247:9 remain26:2 renewable 185:22 238:9 154:8 158:8

247:9 72:7 145:15 180:20 represented requesting 159:14

related 13:5 247:1 reopening 250:12 28:17 39:6 173:9

44:24 45:6 remaining 121:23 representing 85:10 182:23

54:17 139:3 37:15 46:14 122:10 66:9 requests 183:21

145:1 remains rep 132:21 represents 73:15 221:2 191:13

262:12 48:18 61:23 repairman 15:3 64:24 require 23:5 195:24

relates68:1 remands 238:24 82:11 24:2140:11 212:7220:9

68:21 43:1 repairs69:12 107:23 69:21 88:4 233:20

relating remarkable repeat8:9 119:23 89:10 99:19 245:14

55:24 72:10 16:2 63:18 109:8 reproductive 118:9 120:2 residents

91:10 remarks replace 144:6 140:5 145:7 100:19

relation90:6 43:1673:20 104:15 requestl3:17 186:5 101:17,22
Page 309

159:2,3 respondent resulted40:2 29:1445:16 253:13 54:3,11,12

161:5 1:72:17 127:19 68:1971:23 rights77:3 54:2455:10

163:19 260:24 resulting reviewed ripple 112:9 56:3,6,10

164:16 responding 40:21 78:1 111:2 rise49:9 226:4

169:2,19 134:3,5 107:12 reviewing 91:13 Rod4:4

170:11 response results30:7 87:20 risen 16:4 148:13

191:19 29:18 33:11 102:12 revised 36:8 rising 98:12 Roderick 4:4

233:24 37:9 54:14 141:7 revisit92:5 risk22:24 149:10

235:1 55:8 78:10 144:15 revolving 64:19 70:7 Rodriguez

resorts53:10 87:21 222:14 51:9,11,21 71:1673:18 2:89:4,4,9

resources 1:3 responses resume 53:14,15 125:9,10 9:21,23

6:59:24 10:10,15 111:12 rewarded 147:18 11:1612:7

13:3,22 31:15 retaliates 134:8 152:22 30:1436:21

16:11 25:9 responsibil... 244:17 rewritten 173:19 43:15,22

39:16 52:11 198:4,6 retention 179:3 183:4 44:7 74:10

63:21 65:17 responsibil... 189:23 RItA 97:13 190:12 74:23 75:3

73:790:3 160:3 retired94:17 98:1 215:2 75:7,13,20

109:7 123:4 164:13 207:23 rhythms 228:19 110:22

129:8 165:14 228:8 152:18 233:8 148:16

150:12 responsible retirement Rice67:1 254:18 261:8

153:8 13:3 44:22 236:10 Richard risking Roger4:21

179:12 62:1478:2 retirements 184:12 176:22 5:10211:12

216:18 108:7131:9 18:17 Rick4:20,20 risks7l:21 211:14

respect 133:18,13 retrained 206:13,15 72:4 150:19 241:16,17

110:18 165:7168:6 210:22 207:12,13 Riverl27:24 Rojkind4:9

163:13 198:5 retrofits rid 58:1 rivers 186:14 165:23,24

respected rest83:4 125:1 rightl4:11 186:19,22 Roland5:8

217:9 194:8 return29:15 19:5 33:18 187:1,7 238:21,22

respecifully restraint 68:8 69:11 34:19 51:7 189:13 role6O:17

165:18 225:4 101:9 57:1 58:12 195:10 85:18

178:14 restricted 138:15 58:1262:8 road2ll:9 167:14

224:13 139:7 234:12 85:593:24 Rob7:267:8 rollll3:12

respectively restricts returning 95:2 97:3 Robert 4:9 rolled 167:10

66:18 42:18 49:12 106:20 67:16 room87:17

respiratory restructure returns 72:3 116:13 122:15 98:10

97:12 139:8 248:5,11 reusel50:15 135:16 146:4 115:16,20

139:11 restructuri... revenue 154:5 167:17,21 142:9

144:2 151:8 70:13 72:2 72:16 82:12 164:15 184:9 185:19

152:16 result 10:14 107:11,24 165:2 170:2 Robertson 200:2

163:6 19:1424:16 108:2112:3 171:20 4:11 172:17 214:11

166:13 46:1747:10 112:6124:1 176:19 172:18,19 226:7

183:7 49:8 94:10 207:5,6 181:2 186:4 Robinson 227:22

199:16,20 96:1 97:21 213:13 206:7208:7 249:18 241:12

257:9,12 138:23 revenues 223:2 robust 120:3 243:1 247:9

respond 139:7 124:14 226:11 Roccaforte 253:12

13:1755:1 143:22 198:11,18 227:10,13 2:149:15 roommate

55:11 156:13 reversal 228:1 9:15 11:19 94:16

responded 170:12 170:9 242:14,14 11:2043:8 roughly

38:18 217:18 review27:14 243:5248:7 43:9,21 28:2232:7
Page 310

32:13 R-y-k-h-u-s 228:15 102:14 144:18 181:18

row228:14 228:4 Sauder4:15 106:17 151:23 182:3,4

rug2Ol:7 184:22 107:2,3,5 258:3 187:13,18

rule 17:22 S 185:1,3 108:2 113:3 scientist 189:5 208:4

27:1939:24 S2:10 save39:19,21 113:8,10,11 255:18 208:6,19

91:11 98:3 sacrifice 76:10 77:12 113:16 scientists 215:15

100:2 160:4 134:5 114:3,4 254:16 221:9

116:19,20 sacrifices savedl76:21 133:20,23 255:19 233:10

118:22 209:9 saving 146:4,11 scores 100:23 246:2

122:5,9 safel98:5 128:16 147:5,8 113:15 249:12

138:13 257:23 158:16 150:4,9 114:21 258:10

140:3,4,13 safetyl25:18 savings83:14 160:19 Scottl37:22 SCS1I9:5

189:8261:2 212:13 128:21 198:9 138:18,18 Sears64:17

rulemaking 224:4 saw64:16 207:22 184:14 season227:9

139:16 sake 160:5 157:10 216:21 Scout229:20 227:11

rules 8:22,24 salary2l2:24 210:3 219:24 Scouts seats 142:8

69:696:22 sale48:3 saying38:19 223:13 182:14,15 SEC128:13

100:4,20 69:17 53:8 66:16 229:20 229:16,21 130:6

162:14 sales244:24 81:22 232:3,4,5 SCR14:8 secondl5:21

209:8 2452 101:10 239:2 175:15 33:16 56:8

258:12 samel6:3,5 118:4 240:10 scrapping 85:692:16

260:22 19:11 34:20 125:10 241:10 129:13 102:3 118:3

runl7:957:9 46:4,13 132:18 schools66:12 scrubbed 140:10,18

188:3200:1 52:464:15 257:13,14 78:1082:7 39:22 156:23

242:12 78:3 82:24 says 36:6 102:18 scrubber 169:17

running 91:17 93:7 215:14 103:1,7 14:7 18:19 173:16

136:19 95:8,10,19 scale20:12 106:23 20:2,7,15 204:10

169:22 97:5 99:23 scarcity 107:11,18 20:20 23:2 235:7 260:5

180:7 131:23 174:3 107:24 23:20 24:12 secondary

183:18 135:20 scared 133:6 112:22 25:16 32:8 115:5 157:7

225:3 141:3 163:1 scenario87:9 133:22 32:16 37:22 Secondly

runs209:24 164:8 schedule 179:24 39:10 48:13 64:23 198:8

ruraIlO7:6 196:15 19:2420:7 198:21 54:1863:13 secret60:11

198:11 199:24 20:14 207:8 95:23 118:1 175:4

228:6 226:16 150:20 217:23 120:17 secretary-t...

Russell 245:3 189:5221:8 240:18,19 176:6 76:7

184:16 sample234:4 234:11 Schwegler 205:10 Section 8:23

Rygh3:8,9 Samuel 146:6 scheduled 184:3 233:2,3 69:20

10:24 20:4 150:2,7 222:6 SCI131:10 242:2,9,12 260:21

44:8,15,18 San 210:6 scheduling science 146:1 scrubbers sector 139:21

50:13 Sander 260:5 146:14 14:14,17 172:8

117:20 184:22 scheme 151:20 16:20 17:1 sectors 44:24

Rykhus Sandral32:7 140:21 153:17 18:2423:6 45:760:12

228:3,5,5 132:8 SCHIFF2:8 sciences 25:12,20 secure60:9

230:23 184:17 schisms 146:10 76:14 88:19 security52:4

R-o-j-k-i-n-d Sandy4:7 211:4 175:16,19 89:8 117:5 129:19

165:22 158:4,7 scholarships 175:19,21 119:3 130:11

R-y-g-h SANGAM... 217:22 176:3 129:16 133:4

10:24 262:2 school64:9 scientific 131:10,10 163:16

sat93:9
Page 311

173:17 212:15 154:15 188:24 137:16 237:7

196:20 214:9 178:6 257:17 shares5l:10 showedl9:8

see 15:18,22 242:12 seriously Seth4:22 Shawn 184:7 229:4

16:635:18 246:4 58:8104:12 213:23 Shawnee shown80:20

49:975:16 sees58:14 142:3 setsl0:10 102:15 120:9

82:15 83:4 239:20 165:15 140:20 111:14,16 151:14

89:2,691:1 Seibert5:14 198:6 setting 111:19 199:11

91:1492:3 252:6,7,8 seriousness 100:16 112:7,15 200:21

98:24 seize2l0:18 60:3 231:9 sheet7:11 shows 15:15

125:17,18 selective serval95:2 settlement Sheppard 121:2 227:4

125:19 14:14 17:5 serve69:16 19:14 4:17 192:16 shrink2l0:3

136:1 142:7 self-serving 81:8 84:13 sevenl07:18 192:18 210:3,4

142:10 254:20 115:9 198:8 113:12 195:4,6 shrinking

155:7 157:9 sellS2:11 served 94:17 180:4 193:1 shielded 46:12

167:9 182:9 53:568:9 serves 111:19 severall5:10 73:17 shut2l:12

191:24 68:1770:2 servicel:22 30:870:16 shifting 27:7117:10

192:6,12 248:13 67:2368:15 85:2095:24 215:19 118:5

195:11 selling52:20 70:13 82:9 97:1 111:23 256:1 125:12

197:24 semblance 111:21 116:18 shocking 162:23

214:22 51:22 115:5 123:2 120:24 98:18 232:7 251:3

221:21 seminary 146:12 133:24 shooting 251:8

235:12 185:22 242:2 160:8 218:12 shutdown

241:11 Senator 3:ll services 162:24 short 29:19 116:9,12

244:10,22 56:21,24 10:23,24 203:24 46:4 103:10 213:5,9

254:21 57:1 59:11 12:23,23,24 218:16 126:3 135:9 shutdowns

259:10,18 65:15 13:1,7,10 221:1 144:21 27:12,17

seeing 98:1 send 66:10 81:8 103:1 252:11 205:6 28:3

183:13 160:19 111:17 258:10 229:16 shuttered

seeking 207:22 112:8 114:7 severe22:11 255:23 27:23 122:7

39:18 209:9 sending 135:11 47:15 shorter85:8 shuttering

seeks 10:14 149:18 217:18 severely 90:14 22:12

seem66:4 sends230:19 259:3 45:2446:19 109:17 129:12

255:2 senior67:16 serving63:8 46:21 203:16 131:20

seemed 56:2 99:6 session 47:23 Shannon shorthand shutting 40:2

57:19 sense 66:11 109:1 4:15 182:21 262:5,7,9 63:24 118:9

156:21 sensitive sessions 182:23 262:18 128:21

seems 16:14 199:14 64:21 shape38:6 shortly 246:17

34:15 sent7:18 set7:12 109:13 146:20 sick93:10,10

159:11 66:15 10:1833:16 194:13 short-term 93:11

255:17 109:23 33:17 36:5 242:9 130:17,18 sickened

seen 27:16 128:7 36:20 56:8 share 59:3,5 133:17 99:19

124:3,3 sentences 84:18 97:18 shared29:17 152:16 side42:4,7

133:4,21 72:13 97:21 100:4 60:14 210:15 72:24

151:13 sentiment 156:3 160:7 shareholder shouldered 168:24

154:21 85:24 166:20 133:17 255:10 172:1 175:4

155:3 178:3 September 167:14 shareholders show 15:13 188:19

180:2 205:7 8:16 171:19 45:12 69:19 39:14 233:14

205:9 serious 63:24 181:24 70:8 73:2,3 145:20 234:14

209:21 98:5 152:22 183:2 101:13 151:18 sides 185:15
Page 312

Sierra 132:8 15:24 24:24 98:19 127:9 snapshot 177:14 somewhere

132:13,14 30:18 41:19 134:24 72:1 107:7 179:8,12 128:22

233:21 69:4 82:1 135:4 social 133:20 180:18 243:2,22

253:22 100:4 145:19 255:9,13 181:1 193:5 250:23

254:2,3 107:10 156:23 society 172:6 193:8,23 son 211:2

signl28:9 109:9 157:4,11 200:13 194:2,18,18 257:8,11

signal 148:3 146:23 162:13 sold 22:15 197:23 son-in-law

signature 168:23 163:4 180:4 105:12 200:10 232:4

136:13 170:8 179:1 193:1,3,9 133:15 202:3 soon48:5

signed 180:14 227:12 sole 202:1 203:10 173:18

145:23 194:11 228:24 solid 144:14 209:13 215:2

146:19 196:3 246:18 solution 210:7 260:16

256:12,13 202:14 six-year 241:13 220:18 sooner29:3

signers 233:1,6 156:19 solutions 227:20 sorbent22:1

142:24 241:21 157:9 136:2 230:7,8 23:6,7

significant 250:7 207:17 solve234:15 231:7 42:11 89:8

7:846:8,14 singlel36:13 sizel07:3 241:10 232:23 89:14

68:4,13 143:17 Skates5:15 some7:8 235:15 119:12,16

86:19 89:10 179:4 256:8,8,13 11:11 15:13 239:13,16 119:18,23

138:9,15 sir84:492:14 256:17,17 16:1320:13 247:8,10 120:20

177:6 248:24 256:19,22 22:7 27:16 253:11 sorry75:9

228:24 256:7 256:23 28:8 34:11 254:12 135:21

significantly 258:21 skills 143:23 42:8,11,13 Somebody 235:7

47:1271:14 sister95:9,13 Skip5:13 43:447:19 251:4 sort42:11

138:4 183:10,22 251:15,16 48:8,20 somehow 52:15 85:2

signs222:5 sisters 132:19 skirting 51:14,22 16:15 91:17 182:3

sign-up7:11 182:10 249:5 52:18,21 169:20 226:15

similar 16:8 sit 19:7 58:17 skyrocketed 53:3 56:20 183:17 257:23

61:8 167:2 228:14 133:23 57:8,23 someone sorts 51:7

167:6 site-specific slated 193:18 58:3 60:21 183:22 sought

Similarly 189:7 slip 210:4 67:3 83:13 someplace 169:21

127:5255:1 Sitko4:8 slow227:10 83:1485:4 104:17 sounds

Simon4:10 161:24 slowly94:20 88:9,13,18 something 226:24

168:18,21 162:2,3 94:22 95:19 97:23 57:20 96:11 243:23

Simowski sitting 18:8 small 66:21 107:7 109:8 96:24 source 27:14

4:17 191:10 200:17 67:22 109:9,16 127:19 143:17

191:12,13 situation 104:14 110:18 142:1 159:8 151:6202:1

simpler 73:11 78:17 206:16 111:23 183:14 243:4

136:4 98:18 223:21 117:1 193:10 sources

simply28:1 113:11 239:3,22,22 121:11 196:5 100:10

68:11 73:5 164:1 252:9 137:18 250:20,21 143:16

112:12 228:17 smarter 138:2,7 252:3 198:20

117:15,15 229:6238:8 141:9 139:14 257:11 202:2

127:10 248:17 Smithl39:18 142:7,8,8 sometimes south83:5

129:10 situations smog234:9 142:10 147:3,4 104:16,17

137:12 105:19 smoke94:13 149:6 155:18,23 104:18

233:23 133:5 170:13 162:10 175:22 168:24

250:6 200:14 smoothed 168:11 227:9 206:2210:7

sincel3:7,8 sixl5:1 140:14 175:6 247:18 211:16
Page 313

223:10 140:22 246:23 243:10 132:19 142:8

253:24 143:8,16 spearhead 245:24 136:14 standpoint

southeastern 144:1,7,10 19:3 246:1 250:7 158:23,24 64:24 248:9

63:866:21 144:16 special64:20 250:16 161:5 stands47:5

107:4 145:2,5,8 217:14,17 251:22 170:15 84:7 145:6

southern 171:3,19 259:6 spin68:11 185:12,14 Stars2l7:13

57:5,14,19 188:20 species 144:5 69:22 185:21 start 24:4

58:15,18 204:5 specific spirit 145:15 192:1 214:6 76:8 132:18

59:3 60:2 206:24 26:21 32:9 spoken 236:9 148:2

60:20,22 214:17 38:21 94:13 123:12 261:11 181:17

62:7,9,10 218:22 specifically 124:2 standard 195:4

104:14 230:20 25:11 45:14 spokesman 8:13 10:7 257:19

105:2 234:12 55:24 69:23 255:4 13:13 17:20 started39:24

111:19 spaces 119:20 sponsoring 59:19 76:23 49:18

115:10 143:11 127:12 157:7 85:2,17 154:19

129:23 speak 12:21 189:24 sports2l8:12 86:6,22 172:22

132:1 59:18 81:18 237:6 spot35:8 100:14 202:14

207:16 83:22 97:9 speculative spread 140:8 106:2 138:1 245:15

216:20 101:24 187:19 Springfield 143:5 251:3

219:21 112:24 speech 2:16 220:22 145:21 starting

220:2 113:7 131:5 143:23 squeeze 150:13 15:15 148:1

S02 10:5 132:17 spell5O:16 106:20 152:2 214:2

15:16,18,22 135:1 150:1 50:19 137:3 250:8 187:17,21 starts 15:19

17:3 18:12 154:6 205:17,22 SS262:1 188:14 35:19

18:14 19:1 155:12 256:10 St182:14 189:16 state27:19

19:18 20:8 158:6 166:1 spelled 137:6 stability 193:5 234:7 42:18,21

20:21 22:3 174:15,18 spend33:4 168:10 234:19 43:246:2

23:4,9 24:5 179:20 104:24 stabilize 251:10 46:13,24

24:6,21 192:19 194:18 48:11 standards 57:15,16

25:4,15 203:8 207:5 stable 78:7 65:21 66:6 58:6,13,21

27:228:9 213:21 252:16 102:17 70:2478:15 58:2259:6

28:19 29:2 219:4 spending 141:4 79:8 90:24 59:7,21

29:20,24 224:19 32:679:16 stackl8l:20 100:8,11,16 60:1661:6

33:2034:17 228:11 79:2080:10 stacked 101:7123:9 63:664:18

35:6,936:7 233:18 80:15 142:9 138:3 69:2 71:19

38:23 39:8 237:17 175:11 stacks99:19 143:14 77:4,5,23

40:11,15 245:20 190:14 155:22 156:18 78:1279:15

42:7,20 253:2 194:5 170:13 162:13 80:8 82:18

86:1798:2 256:10 248:23 staffl0:11 169:11 83:585:20

100:5,7 258:19 252:17 21:2097:19 171:19 91:1098:3

101:8 259:17 spentl6:11 112:7 176:1 100:4,20

119:20 speaker 16:2421:21 113:20,21 201:10 101:7,14

120:4,11,14 59:23 255:8 68:5 123:19 133:24 205:5 102:11

130:16 speakers 136:15 stakel72:12 222:20 104:4105:5

133:21 196:10 181:19 stakes77:21 234:8 107:5,13

134:7,10 speaking 194:12 stance250:24 245:22 108:5

138:4,9,16 81:22 102:9 212:15 250:24 251:7 113:15,19

138:19,22 175:1228:7 224:2,3 standl2:11 259:11,13 116:19

138:24 228:12 242:4 90:398:4 standing 118:21
Page 314

122:5,8 72:17 251:18 211:19 44:23 45:4 183:14

129:23 137:18,22 256:24 243:8 strategies 198:15

130:20 139:14 259:3 245:24 26:3 88:11 struggles

132:1 249:24 stations stewards 89:13 213:8

137:13,15 254:20 135:20 224:1 strategy struggling

142:21 states 31:19 statistics stewardship 91:24 41:20

145:10 49:464:24 79:12 13:616:17 119:24 159:12

147:20 65:7,13 146:24 18:18 167:7 130:2,9,12 179:2

149:14 69:1,24 status 82:17 241:6 Stratemeyer student

157:6 160:9 70:23 71:21 91:6 stick 176:5 3:21 114:10 134:6 174:2

162:5 72:8,14 stayl2l:16 still7:16 114:12,13 students

169:13 82:18 127:8 121:19 22:14,17 stream72:16 107:3,14,16

170:7 133:2 143:1 128:10 27:21 30:4 streams 108:4 112:8

172:12 151:19 167:4 42:7 58:21 187:1 156:12

176:23 153:16 179:13 61:10,11 Streetl27:2 180:4,6,9

178:1,2 173:20 215:16,17 84:6 87:20 stress60:3 186:15

179:22 178:9 179:1 252:19 95:1 98:4 strict42:16 198:15

186:23 179:2 stayed28:11 105:14,18 99:20 studied39:1

188:1 190:7 190:22 40:1,5 107:12 stricter65:21 132:23

192:6 194:3 227:6 staying 109:21 100:2 168:24

198:17 state’s113:12 227:11 118:1 148:8 112:11 studies

202:5,18 191:5 steady30:3 178:24 strictest 144:18

207:6209:7 state-specific steam224:10 182:10 251:6 151:17

211:17 69:6 steamfitter 191:1 192:1 stringent 199:11

230:15,18 station 107:1 123:17 203:7242:1 18:3 19:1,6 208:4258:3

231:8 107:22,23 steep246:3 243:4251:5 46:148:22 study7l:10

234:14 114:24 steer 229:4 stimulus 49:6 60:24 74:21

235:2242:7 123:19,21 step24:17 106:5,10 61:16 148:15,20

243:11 141:20 156:22 stock7l:14 171:21 stuff 104:7

244:16,16 149:11 186:3 stocks7l:15 strive25l:7 217:16

251:1,9 154:9 165:4 221:21 stop 78:20 259:12 239:13

262:1,6 167:23 Stephanie 161:4164:7 strives subjectl2:1

stated 160:22 172:21 4:17 191:10 172:8 186:24 13:13 14:19

219:1,5 174:17 191:13 stops2ol:9 Stroger 49:671:5

statement 7:2 175:8 stepped store 229:18 146:16 189:11

9:20 11:18 178:19 115:15,19 229:18 strokes99:10 submit7:16

48:16 62:21 181:10 steps3o:21 stories strong97:21 65:2 86:15

67:675:9 186:21 60:23 84:24 220:12 stronger6o:9 92:11

75:10 84:6 189:17 85:20 87:2 252:12,13 100:5 109:21

110:19 201:22 228:24 storml05:3 strongly8s:7 119:14

138:17,18 206:17 Steve3:20 storms 169:5 129:11

139:21 223:18 13:10 180:16 251:12 160:10

140:10 224:6236:5 112:21 storyl35:9 structure 186:18

141:11 236:16,17 113:2 229:15 69:13,22 235:15

186:18 238:16,23 Steven straighten 129:2 submitted

220:24 240:7,12 184:12 59:5 structured 16:14 34:7

261:6,7 241:18 steward strange 38:19 54:23 74:11

statements 242:20 18:10 255:18 struggle 76:21 81:21

6:13 11:6,9 249:19 154:22 strategic 77:18 84:18 87:21
Page 315

120:10 suggestion 113:3 135:5 supported Susan 146:1 252:6

127:15 27:15,22 135:11,18 79:24 80:18 susceptible S-h-e-p-p-a...

142:23 203:18 241:4 114:1 99:2 192:17

146:20 suggestions superinten... 218:13,14 suspend S-i-m-o-w-...

submitting 21:17 135:19 258:4 250:19 191:11

84:20 suit 61:9 supervisor supporting sustain 153:1 S-i-t-k-o

119:12 suite2:10 259:2 10:9 78:10 sustainable 161:24

187:8234:1 88:10 supplied 87:6,11 49:1262:14 S-k-a-t-e-s

Subpart8:23 sulfur8:11 168:7 122:24 sustained 256:18

8:24 26:3 42:10 suppliers 241:13 153:3

Subsequent 42:1061:16 115:4194:6 supports swanl27:16 T

137:24 62:1 88:12 194:8 11:23 60:19 128:1 Tab5:4

subsequently 88:12,15,20 230:18 141:4213:3 swearl2:11 225:24

100:6 100:9119:1 supplies 217:13,21 44:1067:9 226:5

subsidiaries 120:1 143:8 194:9 supposed swept20l:6 table33:16

13:2 45:14 150:15,18 support 130:14 swings46:9 34:4,635:2

47:15 48:2 151:4,5,6,7 19:22 59:18 157:5 sworn 12:12 35:436:8,8

subsidiary 151:11,15 60:761:2 160:10 44:1167:10 36:14,15,22

46:17 52:9 151:18,21 62:2,17 181:17 88:13 130:5

52:12,13,20 151:23 63:11 81:11 sure 13:24 symptoms 206:22

53:5,990:2 152:3,5,10 82:7103:15 43:350:15 151:9 tables33:13

subsidiary’s 152:12,15 104:21,21 58:24 62:21 synchronizes 33:19 34:20

46:21 48:11 152:19 112:5 106:21 140:23 take6:237:2

substance 153:9 114:15 112:8 synthesis 19:224:19

8:5 17:16 158:14,18 115:8 135:19 151:22 32:23 36:1

110:9 158:20 122:20 136:17 system 15:7 39:16,17

substantial 172:3 133:3 143:4 149:19 21:23 22:3 42:8 43:4

140:7145:7 176:18 145:20 168:5193:7 22:2324:7 62:1470:7

145:9 183:5 149:14,19 230:9 25:10,16,23 71:24 75:24

suburbs 93:7 199:11,13 160:18 242:13 32:21 37:12 81:23 90:16

successful 199:14 173:2 244:7260:7 49:17 64:9 94:23

161:2227:3 200:3234:8 178:20 surely6s:9 136:16 104:12

suffer99:7 244:4 182:8 surface 143:24 118:21

164:3,10 254:11 183:23 127:17 146:6,14 130:4148:5

195:17 255:17,22 202:7 surgeries 147:10 148:8

206:6 summarize 204:19 93:18 176:1 239:2 153:20

254:11 148:4,11 207:4,7 surrounded systems 164:13

suffered 162:10 208:20 72:8 23:19 25:22 165:14

114:19 249:1 212:1 surrounding 78:10 120:2 168:15

163:5 summarizing 213:18 145:10 144:2 155:5 181:14

suffering 11:6195:5 217:13 155:1 199:6 182:5228:9 192:12

100:24 summary 218:10 232:12 systemwide 198:5 203:2

151:2 151:22 231:19 survival 25:14 224:13

168:10 summer 237:7 254:23 S&P71:15 228:24

suggest 28:12 127:22 238:18 survive S-a-u-d-e-r 238:6

85:7 90:13 192:2 240:1,19 116:15 184:24 taken60:24

250:20,21 superinten... 241:14 179:3 S-c-h-w-e-... 84:24 85:20

suggested 106:23 251:24 survivor 184:4 87:14 88:6

203:16 112:21 258:18 209:4,20 S-e-i-b-e-r-t 108:23

164:16
Page 316

203:4216:1 taskl56:17 169:24 110:1 119:13,17 134:19

262:9 156:22 183:20 153:14,15 120:10 136:24

takesl2:11 242:13 210:18 203:3218:8 135:15 137:1,8

87:1 104:4 taught 232:23 243:22 203:23 141:12,13

242:12 102:13,15 technology 249:22 220:19 142:6,15

taking 7:20 tax 82:11 17:22 19:20 252:10 226:7 147:21

52:18 56:20 102:18 23:489:7 tens255:24 Teutopolis 149:22,24

110:1 107:24 119:19 tenth257:18 252:9 153:10,11

115:24 112:3 141:9 ten-minute thank9:12 153:13

154:2 123:24 168:13 202:24 9:18 11:15 154:5

156:12 124:15 173:15 term37:15 11:16 12:3 155:11,11

210:2 125:7 177:17 49:1 54:19 12:4,20 155:13

228:19 198:12,14 191:23 255:23 33:737:5 157:15,16

talkl3:21 213:13 196:5 termsl2:1 41:7,18 157:19

14:19 95:4 taxes78:9 techsl75:14 24:21 83:5 43:6,10,12 158:2,3,5

95:796:3 104:22,23 Telethon 85:18 90:3 50:2,4 161:7,8,22

113:6 104:24 217:13 133:22 53:17,19 161:23

119:11 207:7213:2 television 204:5 57:259:9 164:18,19

136:15 223:22 227:4 terrifying 59:10,17 164:22

154:12 240:17,19 telIll3:19 183:13 62:17,19 165:20,24

162:7 taxing 135:12 Terry3:23 63:3 66:23 167:16,19

181:11,16 198:13 141:23 132:14 66:2473:22 168:16,17

182:11 taxpayer 181:18 testl7:17 74:278:24 170:17,18

194:10 209:4,6 193:17 13:15 79:3 1:i3 171:5,6

197:22 Taylorville 194:23 testified 81:14,17 172:16,18

208:1 228:6 210:8 120:20 84:2,3,8,17 173:5,6

226:13,17 230:11 211:21 140:19 92:8,12,13 174:9,10,14

241:20 Tazewell 215:21 testify6:15 92:24 94:2 174:15

260:5 190:1 253:5 227:14 6:23 50:3 94:3,5 97:6 176:10,11

talked35:20 teachl79:23 229:10 55:1863:10 97:8101:23 178:15,16

175:17 180:1,3 252:1 214:5 102:1 179:15,16

180:14 teacher telling96:15 testifying 103:16,17 179:19

207:2255:8 179:22 117:19 67:24 103:21 181:4

talking 18:14 teachers 130:7 137:23 106:13,14 182:19,20

20:435:11 134:4 162:15 139:15 106:15,18 183:24

37:22 teaching 170:1 191:3 testimonies 106:19 184:1 185:2

147:13,14 107:20 215:8 220:13 108:10,11 186:7,8

181:13,13 team247:4,5 temperature testimony3:3 112:18,19 189:12,18

193:22 247:6 127:23 3:8,13 11:7 112:23 191:8,9

227:18 teams 132:22 222:3 11:12,14 114:8,9,12 192:14,15

239:12 tech2l8:8 temperatur... 12:15 13:16 115:11,12 192:18

tangled technical 2:5 127:21 30:11 44:14 115:24 195:19,20

250:3 6:11 110:16 temporarily 49:2455:8 122:11,13 197:10,11

tank 131:16 technically 48:11 67:13 71:10 124:7 126:5 197:13

233:9 119:24 temporary 74:6 88:13 126:8,9,13 198:22

targeted 187:14 81:11 88:18 91:9 130:24 199:1,2

137:11 technologies ten7:2095:6 91:12 131:1,4 201:16,17

targets 23:13 89:11 105:4 117:22 132:5,6,16 201:19

152:20 155:7 107:19 118:19 134:15,16 202:9,10,21
Page 317

202:22 thanking 191:7,17 178:22 65:11 74:13 215:11

203:21 76:9 196:23 206:23 75:1,13 245:2

204:8,9,16 thanks36:24 199:8 208:5217:8 85:387:14 thought

205:12,13 168:19 200:14,22 223:21 89:2196:10 24:1840:3

206:11,12 181:3 200:23 226:15,16 96:21,24 66:20 91:5

207:11 207:10 201:2,9,10 228:2232:7 97:4103:12 128:12

208:22,23 220:12 203:11 239:20 105:24 135:22

211:10,11 242:16 213:9 248:3 128:4129:6 203:9221:9

212:3,4 249:13 214:14,21 250:10 129:17 228:13

213:20,22 their6:18 216:12 things 16:2 130:13,21 246:23

214:1,4 7:149:2,13 217:3 22:523:11 153:24 257:11

216:9,13,14 11:6,9 220:21 33:238:2 162:8 164:2 258:7

218:3,4,6 55:1656:18 227:18 40:641:24 164:11,16 thoughts

219:16,17 58:1563:14 229:1,4,19 51:4,782:3 166:6176:5 168:2

220:4,6,10 63:17 64:9 229:22 82:10 89:9 178:13 thousand

220:20 65:20 66:14 232:7 91:8,13 180:24 95:24

222:23 68:10 70:19 236:21 95:21 181:14 104:24

223:5 70:21 72:15 240:1 245:2 105:17 182:2,6,18 thousands

224:15,18 72:24 73:1 245:2 109:18 193:20 78:8 105:13

225:15,21 76:1077:18 247:10,12 114:4 196:22 125:2227:6

225:22,23 78:13 93:23 247:12,16 116:13,24 209:11 256:1

226:4 96:2,5,7,8 247:21,22 117:1,17 210:12 threat96:18

228:10 98:9 101:9 247:23 119:4 215:3,9,10 96:19

221:1,20,21 101:11,12 248:1,6 129:14 215:11 threatsl88:6

232:14,15 101:18,18 249:20,21 136:3 155:3 216:3 three 7:7

233:18 102:12 249:21 161:15 217:17 14:5 16:20

234:24 109:12,19 254:22 162:18,20 219:1,5,9 17:7 40:16

235:3,4 112:12 257:4 163:8 175:6 225:19 41:3 52:11

236:11,12 117:8,13 261:12 180:9 227:14 52:18 65:2

236:22,23 122:21 Thelma 181:11,12 228:22 65:13,22

238:11,12 123:5,5,6,7 131:13 181:18 230:7,16 95:14 100:1

238:19,20 123:8,23 theme247:8 182:18 231:10 107:20

239:4,5 124:21 theories 197:21 232:13 131:21

240:3,4,22 128:13 258:3,4 214:8,8,9 239:13 140:21

240:23 129:18 theory36:1 214:10,11 245:1,6,7 148:3,10

241:1,15 130:6 134:9 therapy 223:23 245:17 154:22

242:17 147:9 148:7 217:15,15 226:14 246:22 167:24

243:14,15 157:10 they’d53:22 237:14 254:4 194:13,17

245:10 158:23,24 128:18 239:18 thinking34:8 202:13

246:7,10 160:24 210:6,7,8 258:2 64:17 76:16 219:24

249:15 162:16 thimble65:3 thinkl3:20 90:7178:23 230:3236:7

251:13,14 163:3 164:5 thing 16:5 15:12 28:17 thinks 169:8 237:11

252:4,5 164:13 19:539:4 30:14,20 third45:19 250:21

253:1,3,4 166:11,21 42:1457:12 33:1550:21 46:2268:10 251:2

253:15,18 168:1 175:1 57:16 58:2 51:19 52:1 98:23 260:15

256:3,5 177:10 82:1595:9 55:2256:1 128:13 throatl5l:10

258:18,20 179:11,12 97:5117:14 56:1957:8 thoughl8:21 through

259:15 188:7,18 121:9130:3 57:1258:8 141:23 15:2025:5

261:12 189:3,16 164:8 58:1764:18 156:2 26:1329:18
Page 318

31:2034:16 21:2225:22 197:7 9:1010:20 192:19 topl5:15

35:19 66:18 30:4,18 201:11,20 13:14,20 193:2,8 37:1 40:18

85:23 86:2 32:10,24 202:23 14:20 18:13 200:17 112:6

100:15 38:7,8 207:10 18:1720:4 205:4206:3 208:16

117:14 39:21 40:5 210:5,12 21:926:16 206:20 tornadoes

130:6,14 44:646:4 211:10 27:2228:15 207:2209:3 105:4

137:10 46:1347:4 215:20 40:2245:10 209:19 total23:18

141:24 49:11 52:6 218:22 50:3 53:22 210:24 29:6 79:16

142:2 53:458:3 219:11 54:1,5 211:5214:5 79:1880:10

149:18 61:7 63:12 221:8,8 56:24 57:3 214:7215:1 80:11 82:11

163:9 63:21 66:5 224:11 57:6,10,13 216:2,8 140:12

165:13 66:23 70:12 225:17 57:23 58:2 220:17,22 totally93:14

188:3 70:20,22 227:3,4,17 58:8,23 222:24 132:24

190:14 72:177:7 228:18 59:4,461:9 224:19 163:17

209:24 78:386:4 229:10 63:1067:24 225:16 175:10

212:21 90:1792:19 230:16 70:1571:16 228:7,11,13 totalsl7:9

219:24 100:4 233:5 73:2176:10 228:18 touchl2l:13

223:13 101:23 234:13 78:20 79:4 229:12 tough64:7

232:3233:9 102:6 240:8241:7 84:17,21 233:18,23 77:16114:5

240:10 103:10 242:4245:3 85:486:23 246:11,13 124:11

246:17 104:3 106:4 247:10 87:24 88:18 246:21 180:18

throughout 106:14 249:9,13 91:5,992:8 250:1 181:1

21:23 31:22 108:19 252:19 97:998:4 today’s6:12 tougher

113:19 109:17,20 258:12 101:10,20 77:20 70:23

134:11 110:17 259:24 103:22 Todd4:23 tournaments

150:24 111:10 260:11 113:1 116:1 218:5,6,7 222:7

182:5 192:9 115:24 261:10,14 116:3 219:3,5 toward 233:8

207:3,4,6 116:17 timeframe 117:21 together towards

214:15 122:11 29:2331:18 123:13 30:16247:6 15:1719:17

234:21 126:2,3,21 37:23 46:4 124:2,4,10 247:7 63:17

throw2l5:2 127:1,4,11 timeline 124:16 248:14 200:23

throwing 137:19,20 101:7 125:21 toldl2l:14 Towerl5:5

176:3 140:9,11,20 123:10 126:14 175:5215:8 172:23

thrown 215:1 141:3 148:5 150:16 130:8 219:9 249:20

ties223:22 148:11 153:9 140:20 250:15 town8l:12

tightened 149:3 150:6 times34:17 141:18 To11188:10 206:16

100:12,14 155:8,17,22 36:9,17 142:16 Tom2:2,3 252:9

tightening 156:6,14,21 62:15 77:16 146:8 6:9,10 towns 124:18

100:8 157:2,9 86:11 95:2 147:14 110:13,15 194:2

tighter 100:5 158:22 95:3 114:5 149:21 184:2 toxic 126:11

tightness 164:11 123:13 154:6,20 tomorrow 126:17,18

151:9 167:4,20 124:10 155:7 158:9 211:5 129:5,6

till5l:23 168:11 127:2 177:3 162:9,14 tonnage 144:5

Tim3:15 175:12,21 192:10 163:14 42:16 86:17 158:15

76:2,6 178:8,10,13 209:7227:8 164:17,23 tons28:22 170:12

time6:17,19 179:5,12 timingl38:7 173:10 29:633:20 176:23

7:12,15 9:1 188:16 210:1 174:15 34:21 35:6 222:13

15:23 16:3 192:11,23 title68:3 179:21 35:11,12,22 Toxics 17:22

19:11 20:7 196:6,8 today6:8 191:14 39:840:21 116:20
Page 319

toxin257:14 222:18 truly60:23 two6:147:7 ultimately 160:17

257:14 transpired 78:17 133:7 7:21 10:10 37:23 126:2 163:15

toxins206:3 92:18102:5 135:6,6 10:2014:12 187:6 174:2190:3

track85:5 108:18 155:9217:2 14:14,17,22 ultralow 209:12

92:6 149:2 219:8 16:23 21:14 88:12 255:24

tractl5l:8 259:23 truthl6:18 27:2128:19 118:24 256:6

Tracy 3:22 260:10 48:17 29:1 33:19 unable 89:19 understan...

126:10,15 transplant 215:17 33:21 34:1 unaffiliated 53:24 61:8

trade 123:17 93:3 try 13:17 34:14 35:10 70:3 215:12

tradeoff transporta... 20:17 24:5 36:9,12,17 uncertainty 255:21

244:12 145:5194:7 51:2457:19 39:740:2 61:1191:17 understands

trades 122:16 transported 124:7 48:2 52:5 uncle 204:21 14:1

122:19 152:11 135:15 72:13 85:8 underl7:12 undiagnosed

123:1 trauma 175:16 87:1090:15 18:426:18 99:15

124:23 100:24 193:17 90:2491:3 27:1328:10 undone

trade/crafts traumatic 200:13,19 91 :4,16,21 34:6 35:13 167:15

193:24 142:1 217:6247:7 93:4102:21 35:15,17 unemploy...

trading travell34:4 248:5,10,10 103:13 36:739:5 62:7131:21

50:24 Travis5:8 248:11 104:9110:2 52:18 62:9 202:4

tradition 238:13,14 trying34:11 132:22 67:669:8 unexpected

170:10 treasurer’s 50:1761:17 133:4141:6 70:1771:4 78:18

traditional 82:6 62:15 156:4,8 73:6 86:21 unfair 169:7

69:8,13 treated95:12 105:21 173:11 86:22 170:9

71:4 73:17 151:1 136:16 179:24 140:13,13 unforeseen

trained treatment 165:8 168:5 180:9 147:10 258:13

133:24 99:20 171:17 185:24 201:6 unfortunate

transactions tremendous 175:7,12,20 197:20 206:24 117:12

44:23 45:5 210:17 176:1 203:9,16 225:11 215:17

transcript tremendou... 180:23 207:18 undermine unfortunat...

260:15 114:3 193:9,11 211:1 166:21 200:12

262:9 trick 243:6 231:10 227:24 underneath unilateral

transfer tried249:4 234:15 229:10 52:19 65:17

26:18 53:1 triggered 242:8 233:2,4 underpinni... unintended

70:3 72:24 79:21 80:3 243 :24 243:22 28:4 27:18 69:3

transferred 80:15,23 249:4,7 250:21 underscore union 76:9

70:21 71:22 triggers tune 128:22 257:7 60:17 63:23 132:20,20

transferring 151:4 turbines 15:7 twofold understand 132:21

71:1 trivialize turnl5:16 28:18 7:78:732:3 182:9

transforma... 221:10 56:16 86:24 two-year 35:24 37:20 195:15

144:16 tn-county 91:4 117:16 91:14 53:23 57:8 202:3

transition 155:1 turned242:5 Twylas:9 61:13,22 211:20

51:21 69:24 troublesome turning 240:5,6 78:14,16 unionized

180:19 20:3 24:11 type73:18 89:990:5 77:4

243:3 trucking turnip 250:8 131:23 93:12 106:1 unions

translated 124:23 Tuscola 217:4 112:10 125:23

70:19 true28:1 131:18 243:24 129:1 unique

translates 72:17 twelve 98:14 244:1 247:8 130:15 127:13,19

108:1 192:23 Twenty types8o:19 136:1,21 unit2:5 6:11

transparen... 224:1 262:8 113:22 160:15,16 14:73.9

U
Page 320

15:6 17:24 178:11 Urbaszewski 181:9 192:7 85:8,9 86:1 187:21

18:5,24 187:15 3:18 97:7,8 utilization 86:6,13,21 188:23

21:23 38:7 unregulated 97:10 26:4 87:9 89:18 189:16

110:16 45:1247:11 urge78:21 utilize223:19 89:2190:10 190:10,19

113:4198:9 47:1448:2 81:2384:23 U.S98:13,18 90:1591:14 191:6,15

201:24 52:1268:11 88:3 108:8 137:23 91:1992:2 195:1,18

233:3 69:2,23 143:13 145:3 92:494:7 196:2,11,13

250:11 70:971:2 195:17 101:17 196:19

United64:24 72:24 198:22 V 102:11 197:5,9

65:7,13 unscrubbed 213:18 vague 87:12 108:9 109:7 198:24

82:18 133:1 188:3 223:4 valuable 114:16 199:10

151:19 unseen 225:17 191:4 116:7,8,11 200:18

153:16 214:10 urgesl89:14 value47:7 116:23 201:8,15

179:1,2 until6l:19 use22:1 68:1879:22 117:10,16 202:5,8,20

218:18 188:20 23:1089:14 80:16190:3 118:4 203:17

unitsl4:5,13 194:19 98:8134:2 243:21 121:15,18 204:19

14:13,17,18 213:15 140:1 244:8 122:21 205:1

15:2 16:4 updated 177:16 values 33:20 126:22 206:21,24

16:21 17:13 33:13 63:13 223:19 33:21 127:21 207:1,9

22:12 23:22 92:3 243:23 variability 128:9 208:21

32:2239:11 updates33:4 247:5,5 23:11 142:17,22 213:19

39:22 40:3 updating used 15:11 variables 147:17 214:12

89:1,12 57:11,11 34:18 89:11 229:2 149:14,20 216:6

91:23,23 69:12 125:15 variance6:5 150:5,12 218:10,22

118:17 upgrade useless 811 10:5,9 158:1,10 219:10,12

120:24 106:12 177:24 1314,17 159:22 222:2223:4

233:2,4 123:5 USEPA 14:19 18:14 160:13 223:15

246:17 221:19 65:17 100:6 21:11 26:8 161:6,20 224:14

unit’s23:16 224:10 100:16 26:23 27:5 162:23 225:11

University 247:16 uses 172:6 27:8 28:10 164:7 231:19

45:9 146:3 upgraded 243:1 28:10,12,13 165:19 232:1,13

146:10,13 248:21 usingll:12 28:17,21 166:4,14 233:13

150:3,9 upgrades 173:14 29:3,5,7,13 167:1 169:5 234:2,18

186:16 123:7 125:1 usually77:19 32:1,4 169:15,20 236:21

207:17,18 221:17 155:24 33:2034:6 169:21 237:8238:9

231:13,14 upgrading utilities 34:17,23 170:4,8,16 238:18

unlessl29:10 102:12 59:2468:9 35:6,9,17 171:2,13 240:1,21

Unlike 194:12 68:1869:9 35:2136:7 172:2,15 242:10,15

152:14 upheldl86:6 71:1972:3 37:11,15 173:2,10 242:23

unlimited 234:14 123:15 395,9,14 174:6 176:8 243:13,18

72:3 uphold 189:4 39:18 40:19 176:9 244:2,17

unmitigated 171:24 utility 44:21 4L4 45:22 178:14,20 245:6,7

65:5 209:15,17 44:24 45:1 49:1 54:14 178:21 246:6250:5

unnecessar... 211:8 45:7,13 54:19 59:18 180:11 250:19

90:21 172:3 upper 139:10 67:20 68:22 62:3 63:12 182:9 183:2 251:12,24

unpredicta... upwind 69:16,19 66:19 68:2 183:2,8,17 252:22

127:18 100:9 70:1,10 68:19 76:22 183:23 254:15,18

unreasona... Urbana-C... 71:10,15 78:16,22 185:4,24 255:17

66:4 78:18 186:17 73:3 155:7 81:20 83:18 186:4,20 256:4

83:20 85:3
Page 321

variances 91:8,13 170:24 Wacker2:10 199:23 5:4231:3,4

142:4221:3 93:1996:16 viability wagell5:1 200:1 231:5

244:15 98:5 102:24 22:22 190:13 202:18,19 wasn’t35:4

Variance-... 102:24 221:20 wages 217:2 203:1 208:6 148:16

1:6 103:11 viable45:20 wait5l:23 209:15 207:1

variation 104:12 90:4117:9 53:24260:5 211:3 231:15

29:12 34:12 105:22 vice 10:22 waiting 214:22 242:5252:3

varied80:19 106:13 12:2283:22 163:2 219:13 wastel26:11

variety23:9 107:6 122:18 waiver 123:9 228:10 126:17,18

152:9,22 108:12 Vicky4:16 209:9 232:1 236:9 129:5,6

178:2 112:23 189:19,21 Walker5:4 237:13 wasted

various 22:2 113:17 view45:12 225:24 242:13 155:10

82:10 90:11 114:8 117:2 72:21 86:1 226:1,5,5 244:10,10 watch20l:5

119:2 117:2 120:3 views 51:1 wall 127:2 244:22 water45:7

144:16 122:14 250:3 157:11 247:2 65:3 127:23

194:1 135:14,23 viIlagelO3:6 wantl8:13 248:12 222:8,11,14

217:11 136:5 violations 30:1231:6 250:13 226:22

varying 144:15 222:15 34:13 41:1 251:7 230:12

178:3 250:1 153:10 Virginia 45:9 55:15 57:2 252:23,23 watershed

vastl45:3 155:1 165:6 visible222:8 58:11,11,22 256:11 187:2

vendor 165:10,15 visit98:9 58:24 60:16 257:4,5 wave243:1

124:19 174:15 129:22 66:1675:11 wanted68:9 wayl5:12

vendors 175:16,21 200:2227:6 82:23 93:10 73:5 81:24 17:12 18:2

105:1 115:3 176:10 visits 163:7 97:3 101:11 82:2 101:5 18:1 26:12

124:19 177:21 200:5 101:11,13 101:12 26:1641:21

125:20 179:24 visuall5:14 103:21 122:7162:8 42:352:5

193:14 183:13 vital60:17 104:20 162:10 53:873:3

194:6 188:23 105:6,7,14 107:6 194:15 85:23 94:21

223:19 197:2,17 169:2 108:16 221:21 127:17

vengeance 198:6,20,22 234:20 113:24 222:23 129:7

225:19 205:15 volatility 116:5,10 247:7 140:22,24

versions 217:7,9 46:10 117:14 wants49:16 168:15

89:13 218:21 volume56:16 118:3 58:9 71:24 175:9

versus 116:4 219:6225:3 voluntarily 132:18 74:4 100:22 218:18

116:5 225:6,21 17:2138:11 135:17 175:3 219:14

222:12 230:14,19 volunteer 136:1,6,6 176:24 238:7

247:3 233:23 126:16 137:12,17 183:18 259:13

very 17:19 241:5,5 volunteerism 139:13 188:19 262:11

18:920:20 250:2 105:9 148:6 252:23 ways39:18

21:1224:10 252:15,19 vote94:2 149:13,18 Warden4:6 39:1940:11

25:2326:2 255:9256:3 143:14 153:20 155:14,15 143:20

39:1541:17 258:4,4 259:14 154:4 155:16 217:21

43:11 46:3 vests 76:10 voting 158:17,22 warms 238:1

46:653:7 124:3 145:21 159:1,1,2 226:22 wayside

53:20 63:4 125:18 vs 1:5 165:5 warned 182:7 196:9

70:18 74:2 136:22 vulnerable 169:10 222:5 weak46:11

75:7 76:12 vet2O7:18 145:11 171:24 warranted weaken

76:12,17,17 veteran 225:13 191:17 90:10 143:12

81:17 84:2 135:9 197:13,20 Washburn 145:21

W
Page 322

158:22 142:6 231:1,21 welfare 244:13 225:2

weakened 147:23 232:15 81:12 250:14 227:16

47:8158:21 148:18,23 233:15 133:14 well-being 229:7233:8

169:11 149:4,22 235:4,11,16 159:3 81:8 104:5 244:24

weakening 153:13,19 235:19 160:20 104:6 245:1,2,3

192:7 153:22 236:1,12,23 169:14 171:14 253:11

Weaver5:12 155:13 238:12,20 196:18 well-paying 254:12

246:8,9,13 157:16 239:5240:4 208:15 202:3 261:13

249:2 158:3 161:8 240:23 well7:22 went82:7 weren’t

web2SO:3 161:23 241:16 10:221:21 209:14,21 218:14

Webb 1:12 164:19 242:17 24:5 28:23 224:5 225:7

6:2,49:6,12 165:20 243:15 29:2330:17 229:18 Westl22:16

9:18 11:15 167:16 245:10 31:23 32:12 233:9 122:19

11:1712:4 168:17 246:7 35:937:20 241:10 250:12

12:9,18 170:18 248:24 39:1 42:3 242:6 Western

30:12,17 171:6 249:15 51:1660:19 252:14 242:6

31:2,641:8 172:16 251:14 66:3 71:11 Wenthe5:12 wet232:22

43:7,10,13 173:6 252:5253:4 71:1375:13 245:11,13 we’1112:7

43:18,24 174:10 256:5,9,15 78:883:23 245:13 30:1437:2

44:3,9,17 176:11 256:18,20 84:2095:6 werel0:16 38:639:18

50:4,8 178:16 258:20,24 95:15 96:4 18:18 19:9 40:18

53:1954:4 179:16 259:16 96:2099:7 27:17,23 103:12

55:12 56:12 181:4 260:1,7,12 99:8 102:20 34:1,8,18 124:7

56:15 59:10 18220 261:’ 104:10,10 40:3,7 204:12

62:19,24 184:1 186:8 Weber 3:16 104:22 47:13 53:13 260:2,12

66:2473:22 189:18 81:16,17 114:17,18 64:19,22 we’rel4:19

74:5,12,16 191:9 83:21 84:5 115:20,21 71:5,21 18:7,8,13

74:19 75:5 192:15 website 125:23 73:2,7,8,9 21:9 23:22

75:8,17,22 195:3,20 260:17 126:18 73:16 82:10 28:17,23

78:24 81:14 197:11 Wednesday 138:22 82:14 86:3 32:18,24

84:3,8 85:4 199:2 1:10 161:18 87:12 90:24 34:11 35:2

92:13,20 201:17 week95:2,3 165:15 91:8 94:12 41:442:2,9

94:3 97:6 202:10,22 227:24 168:7 100:4 43:2 56:19

102:1,7 203:5204:9 weekly2l3:9 173:19 105:14 57:6,13

103:17 205:13,21 weeks229:14 177:10 122:7 58:3,12,18

106:15 206:12 Weigel4:15 178:12 127:20 58:21,23

108:11,20 207:11 182:21,22 185:11 128:16,17 59:462:9

109:2,6 208:23 182:23 193:15,23 131:19 65:1 83:1,2

111:7,11 211:11 weigh 125:24 194:2,3 137:18 83:3 102:24

112:19 212:4 weighed7o:6 198:21 145:4153:2 104:16

114:9 213:22 216:4 200:11 156:10,18 106:10,24

115:12,17 216:14 Weimer3:17 205:15 156:19 107:7109:2

115:21 218:4219:3 92:23,24 208:2217:9 157:8,9 109:4,13

122:13 219:17 93:2 223:17 169:11 110:17

126:9131:1 220:6223:5 welcoming 229:15 175:6 111:11

132:6 224:15 76:9 230:7,15 177:20,22 113:10

134:16 225:23 welder 234:10 193:8,23 125:15

135:1 137:1 228:3 238:17 235:12,15 204:21 126:17

141:13 230:21 251:17 241:10 210:19 147:14
Page 323

165:10

175:20

180:22,23

181:12,13

193:16

197:24

198:10,14

208:11

216:2 233:3

233:4,12

235:14

236:19

238:8,8

241:13

242:8,10,11

249:3,5,7,8

249:10

252:18

257:15,22

258:15

259:7,8,19

259:19

we’ve 15:13

16:22 17:12

18:9,11

25:1 35:10

39:13 41:22

57:21,22,23

78:12 83:13

83:15 91:9

91:11

111:23

113:11

114:7 137:9

163:2 194:5

209:12

213:7 224:2

224:3 227:3

227:4 233:7

239:15,17

241:7 243:2

246:4

248:21,21

248:22

249:4,4

whatsoever

130:5

wheelchair

95:3

Wheeler

206:15

wheezing

151:9

while 11:3

16:8 48:10

67:21 71:18

79:8 88:23

158:16

163:2 175:6

176:21

180:19

201:5 209:8

210:21

251:20

white 87:8

Whitworth

13:10

whole 82:17

102:19

186:13

206:2 210:5

211:23

220:2 229:6

231:11

237:11

254:14

Wiener4:10

168:18,19

168:21

wife 223:14

wildlife

143:10

144:4,7

186:23

195:9

Wilke 4:23

216:15,16

216:17

willing 26:23

29:19 54:16

66:13 89:19

148:5

169:18

201:5

win 172:14

wind 98:10

99:3 208:15

win—win

248:14

wish 55:23

176:8

239:24

withhold

75:14

witness 12:6

12:11,12

30:15,21,24

41: 10 43:14

44:7,10,11

50:6 55:17

67:10

140:19

witnesses

6:14,22

10:20 11:5

54:1,5

139:17

woes 182:5

Wolford 4:20

206:13,14

206:15

woman

139:18

women

136:14,21

147:14

wonderful

93:4 114:4

135:6,6,12

135:13

195:8 223:3

wondering

33:21 35:3

36:13,16

203:17

Woo 4:5

154:1,4,7

Woodford

190:1

word 70:5

82:13 93:23

93:23 215:1

words 120:16

work 6:13

19:8 32:19

57:8,23

59:6,7

76:15,18

85:15 86:2

103:5 105:7

106:11

123:18

135:5,21

136:8 137:9

139:8 147:4

147:8

149:11

155:5,19,21

157:21

161:12,13

162:3 165:4

167:23

168:6

171:11

172:7,20

175:13,15

175:15,17

176:1

178:19

185:3,6

187:3 191:7

197:18

198:2

206:16,18

207:14

210:22

211:14

212:12

216:17

219:6,7,21

219:22

223:9

224:20

227:22

229:21

231:5,7,24

232:18

236:4,16

238:23

240:7 241:3

241:5 242:3

242:14

246:14

248:10,11

249:18

252:11,14

worked 13:6

13:7,9 45:3

45:24 57:18

113:19,20

134:23

135:3

141:17,19

155:4

157:22

161:13

165:1,2

168:24

172:22

174:20,22

194:1

201:21

202:13,15

205:3

209:22

223:11

224:22

225:2

236:17

237:4,20

241:4

245:20

246:15,19

249:19,20

252:11

worker

133:21

workers 77:3

77:4,9 80:4

80:24 133:6

133:14

158:24

163:14

177:14,15

194:1

195:15

197:2201:2

214:19

215:7

225:13

workforce

225:9

working

57:21 64:6

67:21 76:11

77:15 106:8

119:1

136:20,22

142:5 143:4

149:12

165:9

185:16

202:17

209:15

231:16

233:4,8

237:24

242:21

243:9

248:14

258:7

works 97:14

204:23

232:5

world 65:1

93:23 155:6

211:3

227:19

worldwide

65:14,20

worried

148:2 176:2

worries

160:21

worry 180:5

254:5

worrying

160:17,17

163:16

worse 22:18

93:16,16

99:4251:1

251:2

worst 105:3,3

178:24

180:22

190:24

worth 105:13

Worthey 5:5

231:22,23

231:24

wouldn’t

28:15 42:12

193:1
Page 324

248:13

wrapping

230:22

write 235:2 1

writing 20:16

157:11

written 7:17

7:17 74:7

76:21 84:18

84:20 92:11

109:22,22

142:22

153:15

187:8

wrong 58:11

259:9

wrote 82:5

Wyoming

125:14

W-e-i-g-e-1

182:21

W-e-n-t-h-e

245:12

W-i-e-n-e-r

168:18

W-i-l-k-e

216:15

W-o-l-f-o-r-d

206:13

W-o-r-t-h-...

231:22

x

X3:1

XX 36:9

Y

yard 161:13

Yeah 35:24

53:15 56:4

75:20

203:14

year 14:11,23

17:23 25:5

25:6 27:20

27:20 28:22

28:23 29:16

32:7 35:23

38:2 39:7

39:13,13

54:18 82:4

83:8 85:9

95:1,24

98:17 99:18

100:14

104:23

108:1 112:4

113:13,13

113:18

115:1

168:14

174:17

183:11

188:10,11

194:5

199:23

203:17

207:16

212:17

224:4,5

226:23

233:10

245:21

years 16:1

28:10,20

29:1 30:9

32:15 34:1

39:2,7

40:16,19

41:3 45:3

52:6 65:12

67:19 68:5

71:7 73:1

76:11 78:20

85:8 86:20

90:15 91:1

91:4,4,16

91:21 93:17

94:17 97:2

97:18

100:12

102:14,15

103:12

105:4,12

107:19,21

111:18

113:13

117:24

118:1

123:19

127:9

131:13

132:21,21

133:23

134:1,2,24

135:4

141:17,19

145:19

146:23

149:13

154:10,19

154:21

155:4,10

156:23

157:4,12,22

158:19

159:8

161:14

162:13,20

162:22

163:4,10

165:2,5

169:10

170:3

171:18

172:3,20

177:1

181:11

183:13,19

186:14

188:13

192:21

193:1,3,9

194:4

196:12,19

200:20

201:11,22

202:6,14

205:3,6

206:18

208:19

211:19

212:10

216:19

218:9

219:22

223:11

224:22,22

225:2

226:21

227:3

228:24

23 1:7

232:19

233:11

236:7 237:5

237:21

238:16,24

239:9 240:8

241:5,19

242:3,10,21

243:3,9

245:16,21

246:5,18,20

249:20,23

250:19,20

251:18,19

251:20

252:10

257:1 259:4

yield 175:23

York 127:1

135:21

YOu1 16? :24

225:9 229:7

youngest

183:10

z

Zalewski 2:3

3:7 6:10

31:841:11

41:14 43:6

110:15

203:13,14

203:21

zero 26:9

$

$116 194:5

$124 190:15

$150,000

174:2

$16 32:7,13

$17 17:16

$177 17:8

$2.6 107:11

$20 17:14

$200 194:12

$22 208:16

208:17

$230 16:24

250:16

$237 49:19

$4 108:1

$5098:17

$50051:9

$62 145:2

$782:5

$80,000

115:1

$800,000

104:23

$813 16:21

$86,000

112:4

#

#084-001340

1:24

0

06181:16

1

11:11 5:19

36:8 43:23

44:1,3,5

108:21

198:10

246:17

lst6:6

1,300 107:15

1,350 107:3

1.2 99:12

106:723:8

72:6 183:13

10th 260:20

10,000 60:2 1

64:3,14

83:12 162:5

10:001:11

101 8:23

101.628

260:21

102 3:19

1021 1:11

2:15

1033:19

104 8:24

106 3:20

225:10

108th 63:8

1154:14

229:9

11th 40:4

11-year-old

218:11

110 190:11

111 5:19,19

113 3:20

1143:21

115 3:21

118th 59:22

123:3 17:13

36:4 102:15

239:9

246:19

12-year

38:16 55:6

86:18

12-year-old

149:17

12-126 1:5

6:6

12.481:1

12080:11

125 166:15

183:9

126 3:22

13249:20

131 3:22

132 3:23

134 3:23

137 3:24

1440:10

1414:3

225:10

141.6 79:22

1424:3

1484:4

201:24

211:20

218:10

149 4:4,5

1529:21
Page 325

37:1840:10 1854:15 159:6169:8 32:5,8,14 24th81:21 242:21

241:4 1864:16 176:17 37:19 40:20 82:1 84:6 243:9

251:19 1894:16 186:5 2021188:21 24-hour 333:6

15th81:18 1914:17 188:15 2030194:19 229:18 34245:16,20

260:24 1924:17 191:17 2044:19 2405:9,10 3525:429:24

15,000123:1 197613:8 196:3208:3 2054:19 2415:10 42:287:16

15082:22 1979242:1 211:8233:1 2064:20 2425:11 119:8,9

107:14 199015:20 234:5,19 2074:20 2435:11 251:20

128:18 15:24 250:7 2094:21 2455:12 35-1/2132:20

150,000 1990s194:11 2007145:3 21 172:20 2465:12 35.180:23

193:24 199767:24 2008 168:23 224:22 2495:13 363:5241:18

1544:5 68:4,21 2009137:23 2114:21 38:15 373:6

154.380:11 199813:7 2014:18 2124:22 2538:1255:3 3887:16

80:21 201083:8 2134:22 95:24 113:4

1554:664:8 2 98:21 79:1780:1 120:13

64:14 25:19 17:24 144:23 2164:23 149:13 ‘1

1574:6 31:1633:13 201115:20 2184:23 165:1 433:13,16

1584:7 79:18 33:15,19 128:14,20 2194:24 188:10 37:10

1668:24 36:22 111:3 193:22,23 2276:11 206:18 188:22

16-month-... 1115,8,9 224:24 102:14 211:15 4H218:12

211:2 146:23 2012 1:11 141:19 25th56:10 4:30229:9

16-111(g) 187:24 10:9,11 192:21 25,00028:22 261:4

69:20 262:15 27:2131:16 224:22 2515:13 40104:11

16.480:5 2(c)56:7 33A237:10 22-1/2181:10 2525:14 154:10,21

16057:23 2,000183:8 38:1254:15 22.780:17 2535:14 155:4,10

161 4:7 2,124 233:24 55:3 191:22 81:2 256 5:15 225:2

1624:8 235:1 233:11 2205:3 2585:15 40.579:23

1644:860:19 2.5150:19 262:15 2245:3 26149:13 80:6

62:7 152:8,21 201325:5 2255:4 270128:16 413:7

1654:9 2.764:16 51:12 23 15:24 28 111:18 41,80064:15

1674:9 2037:23 201431:20 29:20 223:11 42,00064:18

1684:10 68:13 32:235:19 107:20

435:19227:4

1745:3 131:22 201510:5 141:17 3 43380:18

239:10 133:23 19:120:8 212:10 310:933:13 443:85:19

253:23 219:22 20:2121:14 23rd12:2 33:15,19 45108:21

1704:10 251:18 28:1539:20 27:11 35:2188:12 450190:14

82:22 20th 8:16 40:19 86:20 23-year-old 3(b) 33:11

1714:11 207:16 90:24 174:1 38:13 55:2

1724:11 261:1 171:20 23077:10 3010:11,16 545:22189:6

1734:12 200 114:23 2017 10:5 2315:4,5 83:10 93:17 246:17

1744:12 120:15 20:2128:15 2325:5 94:17236:7 5-year-old

1764:13 2005 15:21 29:15,20 2332:105:6 30th40:5 211:1

1784:13 144:24 90:24 235104:10 313:529:21 246:24

1794:14 2006 139 171:20 2365:6,7,7 31st224:24 5:30 197:16

18161:14 71:9100:3 201925:6 2385:8,8 312)258-55... 503:9120:5

257:1 107:10 86:20 2395:9 2:11 120:11

18015:1 137:14 2024:18 2483:11,12 312)419-92... 240:16

1814:14 139:16 202020:15 157:22 1:23 50071:15

1824:15 143:6 29:5,21,21 211:19 32 105:12 500,000

158:11 231:7240:8 99:14
Page 326

5182:11 9023:8

154:11 900 185:8,23

167:23 254:1

170:23 923:17

53145:3 943:18

55 113:10 246:16

225:11 95120:6

55380:13 973:18

563:10,11 97879:19

56.980:3 9825:17

593:12 9925:17 6

631:15,17

33:12 37:9

54:15

60 107:23

60606 2:11

62794 2:16

63 3:12

65 32:20

6600 2:10

67 3:13

67.5 80:10

67.6 80:14 7 7 17:9

7065:7

128:22

193:8

70,560 34:1

702 250:12

71.5 79:16,20

72,53934:2

76 3:15

79 3:16 15:24 8

8th 7:17

109:22

80 93:5 120:5

813:16

820 79:24

84 3:17

85,112 33:20

86.7 80:16 9

936:19
v. ) PCB 12-126

) (Variance -Air)

ILLINOIS ENVIRONMENTAL )

PROTECTION AGENCY, )

)

Respondent. )

HEARING REPORT

On August 1, 2012, a hearing in this matter was held before the Pollution Control Board

in Springfield, Illinois. Attorneys Renee Cipriano, Gabriel Rodriguez and Amy Antoniolli

appeared on behalf of the petitioner. Attorney Gina Roccaforte appeared on behalf of the

respondent.

Witnesses and Comments

2 witnesses testified during the hearing:

Mr. Michael Menne

Mr. Gary Righ

Mr. Robert Kelter made an oral statement on behalf of the Environmental Law and Policy

Center.

More than 100 people offered public comment at hearing.

Exhibits

Two exhibits were admitted at hearing. Exhibit 1 is the testimony of Mr. Menne.

Exhibit 2, entitled “Ameren Corporation’s Performance Under the Illinois Electric Service

Customer Choice and Rate Relief Law of 1997” was submitted as part of Mr. Kelter’s oral

statement.

Public Comment and Briefing Schedule

The public comment deadline is August 10, 2012. Petitioner’s brief is due by
Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274217/524-8509

webbc @ipcb.state.il.us
John T. TherriaultIllinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Ste. 11-500

Chicago, Illinois 60601

Carol Webb

Hearing OfficerIllinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

217/524-8509

webbc @ipcb.state.il.us

SERVICE LIST

PCB 2012-126

Gina Roccaforte

IEPA

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

PCB 2012-126Amy Antoniolli.

Schiff Hardin, LLP6600 Willis Tower

233 S. Wacker DriveChicago, IL 60606-6473

PCB 2012-126

Renee Cipriano

SchiffHardin, LLP

6600 Willis Tower

233 S. Wacker Drive

Chicago, IL 60606-6473

PCB 2012-126

Gabriel M. Rodriquez

Schiff Hardin, LLP

6600 Willis Tower233 5. Wacker DriveChicago, IL 60606-6473