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OCTORARO RAILWAY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (09/24/84)

decided: September 24, 1984.

OCTORARO RAILWAY, INC., PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania Public Utility Commission in case of Investigation into matters relating to the structural adequacy and load carrying capacity of the bridge carrying State Highway Route A150 (Traffic Route 796) above the grade of the tracks of Southeastern Pennsylvania Transportation Authority (operated by Octoraro Railway, Inc.) in Penn Township, Chester County, as pertains to the proper service, accommodation, convenience and safety of the traveling public utilizing same, No. 1-78060297.

COUNSEL

Randy L. Sebastian, with him, Randall C. Schauer, MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., for petitioner.

Charles F. Hoffman, Chief Counsel, with him, John B. Wilson, Deputy Chief Counsel, and John J. Gallagher, Assistant Counsel, for respondent.

John S. Halsted, County Solicitor, with him, Janet M. Colliton, Assistant County Solicitor, and Norman J. Pine, Assistant County Solicitor, for intervenor, the County of Chester.

Vincent J. Walsh, Jr., with him, Robert C. Wert, and G. Roger Bowers, for intervenor, Southeastern Pennsylvania Transportation Authority.

Judges Craig, Doyle and Blatt, sitting as a panel of three. Opinion by Judge Doyle. Concurring Opinion by Judge Blatt.

Author: Doyle

[ 85 Pa. Commw. Page 285]

Petitioner, Octoraro Railway (Octoraro), appeals from an order of the Pennsylvania Public Utility Commission (Commission) affirming an administrative law judge's finding that he did not have the power to rule on the validity of a lease agreement between Southeastern Pennsylvania Transit Authority (SEPTA) and Chester County (County), and a sublease agreement between the County and Petitioner.

On March 1, 1983, the administrative law judge (ALJ), after previously ordering the Pennsylvania Department of Transportation (DOT) to replace the bridge carrying State Highway A150 (Traffic Route 796) over the SEPTA tracks with a metal plate arch, allocated the construction costs of the improvement as follows:

Percent Cost

DOT 78% $155,763.17

SEPTA 15% 29,954.46

Octoraro 5% ...


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