Wire & Pipe Crossings
Basis of the Commission's Authority
The statute at 66 Pa. C.S. 2702(a) is the basis for the Commissions
authority over highway railroad crossings. The statute states:
General Rule
No public utility, engaged in the transportation of passengers or property, shall,
without prior order of the commission, construct its facilities across the facilities
of any other such public utility or across any highway at grade or above or below
grade, or at the same or different levels; and no highway, without like order, shall
be so constructed across the facilities of any such public utility, and, without
like order, no such crossing heretofore or hereafter constructed shall be altered,
relocated, suspended or abolished.
Under this provision, only the Commission can order a highway railroad crossing
constructed, altered, relocated, suspended or abolished. This authority not only
encompasses at-grade crossings but also above and below grade crossings.
Applicability to Installation of Fixed Utility Facilities
The Pennsylvania Supreme Court ruled in AT&T v. Pa. PUC., 737 A. 2d 201 (Pa.
1999) that the installation of telecommunications facilities within a highway railroad
crossing constituted the alteration of that crossing subject to the Commissions
jurisdiction. The Court reasoned that the installation of the facilities at the
crossing by its very nature entailed the physical alteration of the crossing site
and that this physical alteration was an alteration of the crossing pursuant to
66 Pa. C.S. 2702(a). The Court also stated that its ruling was consistent
with the policies underlying the enactment of the statute, in particular, the comprehensive
protection of public safety.
Pursuant to the AT&T decision, any fixed utility that wishes to alter a highway
railroad crossing must apply to the Commission for authority to do so. An alteration
includes installing new facilities or replacing existing facilities at the crossing,
since those activities would constitute the physical alteration of the crossing.
An alteration would not include the repair or maintenance of existing facilities,
since those activities do not constitute the physical alteration of the crossing.
Obtaining Commission Approval
In order to obtain Commission authorization to alter a crossing, an entity must
file an application with the Commission. The applicant files the
original application and three copies with the Commissions Secretary.
The Secretary of the Commission
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg , PA 17105-3265
The Commission does not charge a filing fee for applications involving highway railroad
crossings. The applicant is required to serve a copy of the application (including
exhibits if applicable) on all interested parties. Interested parties include the
Pennsylvania Department of Transportation (ROW & Utility Division, Bureau of
Design - PennDot, P.O. Box 3362, Harrisburg, PA 17105-3362 and Office of Chief Counsel
- PennDOT, P.O. 8212, Harrisburg, PA 17105-8212), the railroad company, the county
and municipality where the crossing is located, and any fixed utility companies
with facilities at the crossing if the proposed work may affect those facilities.
The application should have a certificate of service attached to
it indicating what parties have been served with the application.
From the time the application is filed until the Commission issues an uncontested
Secretarial Letter or Order is usually 30 to 90 days. If the application is contested
and can not be resolved amicably, the matter is scheduled for a hearing, which may
increase the time to about one-year.
Contracts between public utilities and municipalities.
The division also reviews contracts between railroad companies and municipal corporations.
A contract shall be filed with the Commission at least 30 days prior to its effective
date.
(66 Pa. C.S. 507)
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