Rail Safety Applications & Petitions

When filing an application with the Commission, please eFile the application or mail the original application with attachments and exhibits to:

The Secretary of the Commission
Pennsylvania Public Utility Commission
400 North Street
Harrisburg, PA 17120

Any filing containing documents larger than 11" x17" in size should be eFiled.

Benefits of eFiling

• File certain documents electronically without filing paper copies.
• Serve documents electronically on other parties if they agree to such service.
• Receive electronic service of documents from the Commission.
• Get you filing processed faster than submitting a hard copy filing.
• Follow the status of your filing online.
• Receive service of Commission documents electronically on the same day.
• Get electronic receipts of your filings.
• Get notified automatically when there is a change to your docketed case (documents being added, removed or changed).
• Receive email notifications anytime a document is filed and served in a case in which you are a party.
• Review your electronic filing history.

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:

1. Pennsylvania Department of Transportation (PennDOT)
   ROW & Utility Division, Bureau of Design
   P.O. Box 3362
   Harrisburg, PA 17105-3362
   
   
2. Pennsylvania Department of Transportation 
   Office of Chief Counsel
   P.O. 8212
   Harrisburg, PA 17105-8212
   
   
3. The applicable regional PennDOT District Office.
   
   
4. The railroad(s) involved.
   
   
5. The county/counties where the crossing is located. (Municipal Statistics website may be used in locating government officials.)
   
   
6. The municipality/municipalities where the crossing is located. (Municipal Statistics website may be used in locating government officials.)
   
   
7. Any fixed utility companies with facilities at the crossing, underground and aerial, regardless of proposed installation type.

The application shall have a certificate of service indicating what parties have been served with the application in accordance of 52 Pa. Code § 1.54 and a verification of original signature in accordance with 52 Pa. Code § 1.36 attached to it. 

The applicant shall also include the name of a contact person with a telephone number and email address in its correspondence.

Applications

An application is used to request Commission approval for the following: 

1. The construction of, alteration, abolition, relocation, or suspension of a public crossing.
2. The installation, removal or substitution of warning devices at a public crossing.
3. The installation of traffic signals with preemption on the approach to a public crossing.
4. The installation of fixed utility company's facilities (wire & pipe) within a public crossing.
5. An exemption from the Commission's railroad clearance requirements.

Application Process

Applications generally follow the below outline:

1. Applicant eFiles the application with the Commission.
2. The Commission's Secretary's Bureau acknowledges receipt of the application, assigns a docket number and assigns the application to the Rail Safety Division for review and processing.
3. The Rail Safety Division Engineering Section Supervisor assigns the application to a Rail Safety Division Engineer.
4. The application is reviewed by the assigned Engineer and, if required, requests revisions from the applicant if more information is needed to process the application.
5. For Pipe & Wire applications, the assigned Engineer sends all parties of record a 20-day query letter. This letter requests that all parties review the application and eFile any objections with the Commission by a certain date. For most other applications, the Engineer coordinates an on-site Field Investigation & Conference with all parties to discuss the application.
6. If no objections to the application are received, the Commission issues an Order or Secretarial Letter approving the application. A Secretarial Letter document official action by the Commission and carries the full force and effect of a Commission Order and may be appealed (see the Petitions section below).
   • The Order or Secretarial Letter will address elements of the project which may include design, construction, establishing a date of completion of the alteration, assignment of maintenance and assignment of initial and final costs. 
   • The PUC makes a provisional, initial assignment of the costs associated with altering or abolishing a highway-rail crossing to one party. The Commission's assignment of these initial costs constitutes an interlocutory order not subject to judicial review. The initial costs are then subject to a final cost allocation hearing before the Commission to determine whether any or all of these costs should be borne by other parties.
   • Depending on the complexity of the application, from the time the application is filed until the PUC issues an uncontested Secretarial Letter or Order is generally 45 to 90 days.  If the application is contested and cannot be resolved amicably, the matter may be scheduled for a hearing, which may increase the time to about one-year.
7. Upon completion of the work, the applicant eFiles a notice in writing outlining the date of actual completion of the work to the Commission and certify to the parties of record and the PUC that the work has been satisfactorily completed. If the applicant cannot complete the work by the established date of completion, the applicant shall file a Petition for Extension of Time (see the Petitions section below).
8. For Pipe & Wire applications, upon notice of the completion of work, the Commission will issue a Secretarial letter which officially closes out the application proceeding.

For most other applications, a Final Inspection with all parties is conducted to determine the acceptability of the completed work as it pertains to the proceeding. If all work is complete and all parties are satisfied, the Commission will issue a Secretarial Letter which officially closes out the application proceeding.

Objections

A party objecting to the approval of an application filed with the Commission may file an objection to the application. An objection shall be eFiled with the Secretary's Bureau and served upon all parties and be accompanied by a Certificate of Service on the other parties of record in accordance with 52 Pa. Code § 1.54 and a Verification with original signature in accordance with 52 Pa. Code § 1.36.

Petitions

Petition to Modify a Secretarial Letter

If a party to a proceeding wishes to modify a Secretarial Letter, the party may eFile a Petition requesting a modification. This request must include the original portion(s) of the Secretarial Letter the party wishes to modify along with its suggested modification(s). The Petition must include the reason(s) for the request to modify the Secretarial Letter.

Petition for Extension of Time

If the applicant cannot complete the work by the established date of completion directed by the Commission's Order or Secretarial Letter the applicant shall eFile a Petition requesting an Extension of time. This request must include the reason(s) for the extension of time and establish a new date on which the alteration is proposed to be completed.

Petition to Withdraw an Application

If the applicant wishes to withdraw its application, the applicant shall eFile a Petition requesting the withdraw. This request must include the reason(s) for the withdrawal.

Petition for Reconsideration from Staff Action

If you are dissatisfied with the resolution of this matter, you may, as set forth in 52 Pa. Code § 1.31 and 5.44, file a Petition for Reconsideration from Staff Action (Petition) with the Commission within twenty (20) days of the date of this letter. The Petition shall be sent to: Secretary, PA Public Utility Commission, 400 North Street, Harrisburg, PA 17120, and must be filed within twenty (20) days, or if no timely request is made, the action will be deemed to be a final action of the Commission.

All Petitions MUST include:

1. A written statement (divided into numbered paragraphs) outlining the reasons for the request;
2. The case docket number;
3. The party on whose behalf the petition is made (corporation, railroad, or municipality);
4. A Certificate of Service on the other parties of record in accordance with 52 Pa. Code § 1.54; and
5. A Verification with original signature in accordance with 52 Pa. Code § 1.36.