Wire & Pipe Crossing

Basis of the Commission's Authority

The statute at 66 Pa. C.S. 2702(a) is the basis for the Commission's 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

To obtain Commission authorization to alter a crossing, an entity must file an application with the Commission. The applicant eFiles the application with the Commission's Secretary or may mail the original application 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.

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. 

All applications generally contain: 

• DOT numbers and railroad owner/operator names (see FRA Rail Crossing Locator App or FRA-Safety Map for help locating DOT number, FRA Grade Crossing Inventory for more information about a crossing and this image.
  

The DOT number (or "X-ING") on the Emergency Notification System (ENS) sign should be present at every at-grade rail-highway crossing. In this example, the DOT number is 836 597 H.

• Latitude and longitude at a point where the proposed facility will cross the railroad tracks.
• Type, size, material and quantity of the propose facility (e.g. one (1) 144 count fiber optic communications wireline).
• Proposed method of installation.
• Location map exhibit.
• Plan and profile exhibit (see below plan and profile requirements).
• A verification of original signature in accordance with 52 Pa. Code § 1.36.
• A certificate of service on the other parties of record in accordance with 52 Pa. Code § 1.54 (see above list of parties to be served).

All plans and profiles generally contain the following, drawn and labeled:

1. North arrow, if applicable.
2. Scale/Scale bar, if applicable.
3. Railroad right-of-way lines with dimensions.
4. Roadway/Highway right-of-way lines with dimensions.
5. Railroad track locations.
6. Railroad or highway structures involved.
7. Other applicable railroad or roadway/highway features.
8. Proposed facility.
9. Aerial wireline installations:
   1. Pole locations, with identifying pole number and pole owners.
   2. Span lengths from pole to pole.
   3. Clearances with respect to the top of rail to the proposed facility at the railroad crossing.
   4. Clearances from existing aerial catenary wirelines or power wirelines to the proposed facility.
10. Underground pipeline/conduit installations:
    1. Clearances with respect to the base of rail (at grade) or top of the roadway (grade separated) to the top of the proposed facility.
    2. Launching/receiving pit locations, if applicable.

From the time the application is filed until the Commission issues an uncontested Secretarial Letter or Order approving the application is usually 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.

Contracts between Public Utilities and Municipalities (PUMC)

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).