PENNSYLVANIA
PUBLIC UTILITY COMMISSION
Harrisburg, PA 17105-3265

Public Meeting held June 18, 2009

Commissioners Present:

James H. Cawley, Chairman
Tyrone J. Christy, Vice Chairman
Kim Pizzingrilli
Wayne E. Gardner
Robert F. Powelson

Dave Brestensky, Supervisor				:
South Buffalo Township				:
							:
	v.						:		C-20030388
							:
Pittsburgh and Shawmut Railroad Company;		:
Armstrong County; and Commonwealth of 		:
Pennsylvania, Department of Transportation		:

ORDER

BY THE COMMISSION:

We adopt as our action the Recommended Decision of Administrative Law Judge Robert P. Meehan dated April 21, 2009;

THEREFORE,

IT IS ORDERED:

1.	That the Stipulation of Settlement entered into by the Pennsylvania Department of Transportation, the Buffalo and Pittsburgh Railroad Company, South Buffalo Township and Armstrong County, and filed at Docket No. C-20030388, is approved.

2.	That South Buffalo Township, having agreed to do so, shall enact any Resolution required to accept the property from Snyder Brothers for use in reconfiguring White Rock Road.
3.	That South Buffalo Township, having agreed to do so, shall, at its sole cost and expense, pay for all attorneys' fees for the transfer of said piece of property from Snyder Brothers to the Township. 

4.	That South Buffalo Township, having agreed to do so, shall, at its sole cost and expense, prepare and submit to the Commission the final design and/or survey plans for the subject project for its approval, and to all other parties for their review and comment, on or before December 31, 2009. 

5.	That South Buffalo Township, having agreed to do so, shall, at its sole cost and expense, furnish all material and do all work necessary to complete the project in accordance with the approved plans within one year from the date of the Commission’s approval.

6.	That South Buffalo Township, having agreed to do so, shall, at its sole cost and expense, furnish all material and do all work necessary to maintain the roadway approaches to and the wearing surface on the subject bridge, including snow, ice and debris removal, and periodic crack sealing to the wearing surface as may be necessary. 

7.	That the Buffalo and Pittsburgh Railroad Company, having agreed to do so, shall, at its sole cost and expense, furnish all material and do all work necessary to maintain the existing substructure and superstructure of the subject bridge, excluding the wearing surface and the approaches, for a weight limit of ten (10) tons. 

8.	That the Commission's records and official references to the subject crossing reflect that the roadway involved is now a Township road, Clinton Road (T-881). 

9.	That Armstrong County, having agreed to do so, shall, at its sole cost and expense, inspect the Bridge on an annual basis, and report its findings to the Commission, and the parties hereto, together with its request that the report be kept confidential under a protective order to be issued pursuant to 52 Pa. Code § 5.423. 

10.	That this Order, to the extent that it assigns work and allocates costs among the parties, is without prejudice to the rights of the parties to recover costs pursuant to any other lawful agreement

11.	That upon completion of the project, South Buffalo Township shall certify to the Commission that the project has been completed.  Within 30 days of the filing of the certification that the project has been completed, all parties shall file with the Commission an itemized statement of their respective costs in performing work on the project pursuant to this Order.

12.	That the petition of Dave Brestensky for leave to withdraw his complaint at Docket No. C-20030388 is granted.

13.	That, upon completion of the project and its opening to public use, the docket at C-20030388 shall be marked closed.

BY THE COMMISSION,

James J. McNulty
Secretary

(SEAL)

ORDER ADOPTED:  June 18, 2009

ORDER ENTERED:  June 19, 2009