NORFOLK SOUTHERN RY. CO. v. PUC

No. 62 MAP 2012

77 A.3d 619 (2013)

NORFOLK SOUTHERN RAILWAY COMPANY, Appellee v. PUBLIC UTILITY COMMISSION, Appellant. Pennsylvania Department of Transportation, County of Lancaster, East Hempfield Township, Intervenors.

Supreme Court of Pennsylvania.

Decided October 2, 2013.


Attorney(s) appearing for the Case

Gina M. D'Alfonso, Esq. , Jason D. Sharp, Esq. , PA Department of Transportation, for Department of Transportation, Intervenor.

Deanne M. O'Dell, Esq. , Mark Scott Stewart, Esq. , Eckert Seamans Cherin & Mellott, LLC, Harrisburg, Kyle Jarrett Meyer, Esq. , for County of Lancaster, Intervenor.

Theresa A. Monglovi, Esq. , Angela Holt Sanders, Esq. , Blakinger Byler & Thomas, P.C., for East Hempfield Township, Intervenor.

Elizabeth A. Lion Januzzi, Esq. , Bohdan R. Pankiw, Esq. , Eric Albert Rohrbaugh, Esq. , PA Public Utility Commission, for Public Utility Commission.

Scott Everett Coburn, Esq. , for PA State Association of Township Supervisors, Appellant Amicus Curiae.

Benjamin Charles Dunlap Jr., Esq. , Nauman, Smith, Shissler & Hall, L.L.P., Harrisburg, for Norfolk Southern Railway Company.

Sara Aliya Aliabadi, Esq. , Christian David Sheehan, Esq. , Nancy L. Winkelman, Esq. , Schnader Harrison Segal & Lewis LLP, Philadelphia, for The Keystone State Railroad Assoc, Consolidated Rail Corp., CSX Transportation, Inc., Appellee Amicus Curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice SAYLOR.

This appeal concerns the limits of the Public Utility Commission's authority to allocate costs associated with a rail-highway crossing project. We consider the Commonwealth Court's holding that the Commission may not allocate costs to a transportation utility which regularly uses a crossing site in railroad operations but does not own real property or facilities there.

I. Background

Per Section 2702(a) of...

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