Appeal from the Order of the Pennsylvania Public Utility Commission, in the case of Pennsylvania Public Utility Commission v. National Railroad Passenger Corporation, Tredyffrin Township, County of Chester and Pennsylvania Department of Transportation, No. C-00018277.
James W. Gerlach, with him, William H. Lamb, for petitioner.
John J. Gallagher, Assistant Counsel, with him, John B. Wilson, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, for respondent.
Stephen F. J. Martin, for Department of Transportation.
James F. Kilcur, with him, G. Roger Bowers, Eugene N. Cipriani, Raymond J. Porreca, Jr., for intervenor, Southeastern Pennsylvania Transportation Authority.
Harold K. Cohen, for National Railroad Passenger Corporation.
Judge Colins, Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.
[ 115 Pa. Commw. Page 132]
Tredyffrin Township (Township) petitions for review of an order of the Pennsylvania Public Utility Commission (Commission) dated March 2, 1987, ratifying its Order of January 29, 1987, wherein it adopted certain findings of facts and determinations made by Administrative Law Judge (ALJ) Fountain.
On October 17, 1966, the Commission, on its own motion, instituted an investigation into the condition of
[ 115 Pa. Commw. Page 133]
the highway railroad crossing located on Valley Road, a state highway, in the Township. This crossing passes over four railroad tracks owned by the National Railroad Passenger Corporation (Amtrak). These tracks carry rail traffic for Amtrak, the Southeastern Pennsylvania Transportation Authority (SEPTA) and Consolidated Rail Corporation (Conrail).
The Commission entered an Order on December 12, 1979, directing that the Pennsylvania Department of Transportation (DOT) prepare and submit a plan for the redevelopment of the crossing. The plans were submitted to the Commission and thereafter approved on June 18, 1982. DOT completed the work on this project on October 20, 1983 and a final inspection was made on December 1, 1983. On August 8, 1985, DOT submitted a detailed statement of the actual costs it had incurred in completing the project and requested that a hearing be held for the purpose of considering the allocation of costs and ...