Pittsburgh Telephone Notice s1

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/ COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Office of Administrative Law Judge
P.O. BOX 3265, HARRISBURG, PA 17105-3265 / IN REPLY PLEASE REFER TO OUR FILE

December 6, 2016

In Re: A-2015-2514790

M-2015-2470485

M-870123

(SEE ATTACHED LIST)

Application of Buffalo & Pittsburgh Railroad

For approval of the abolition of the crossing (AAR/DOT # 148915T) where North Loop Road (T-392) crosses above grade the tracks of Buffalo & Pittsburgh Railroad located in West Mahoning Township, Indiana County.

Call-In Telephone Pre-Hearing Conference Notice

This is to inform you that an Initial Call-In Telephonic Prehearing Conference on the above-captioned case will be held as follows:

Type: Initial Call-In Telephonic Prehearing Conference

Date: Friday, January 20, 2017

Time: 10:00 a.m.

Presiding: Administrative Law Judge Mary D. Long

Piatt Place

Suite 220

301 5th Avenue

Pittsburgh, PA 15222

Telephone: 412.565.3550

Fax: 412.565.5692

At the above date and time, you must call into the conference. If you fail to do so, you may be removed from the service list and may not receive any additional documents in this proceeding. You will not be called by the Administrative Law Judge.

To participate in the conference,

·  You must dial the toll-free number listed below

·  You must enter a PIN number when instructed to do so, also listed below

·  You must speak your name when prompted

·  The telephone system will connect you to the conference

Toll-free Bridge Number: 1.855.750.1027

PIN Number: 341525

Individuals representing themselves are not required to be represented by an attorney. All others (corporation, partnership, association, trust or governmental agency or subdivision) must be represented by an attorney. An attorney representing you should file a Notice of Appearance before the scheduled conference date.

If you are a person with a disability, and you wish to attend the conference, we may be able to make arrangements for your special needs. Please call the scheduling office at the Public Utility Commission at least five (5) business days prior to the conference to submit your request.

If you require an interpreter to participate in the conference, we will make every reasonable effort to have an interpreter present. Please call the scheduling office at the Public Utility Commission at least ten (10) business days prior to the conference to submit your request.

·  Scheduling Office: 717.787.1399

·  AT&T Relay Service number for persons who are deaf or hearing-impaired: 1.800.654.5988

pc: ALJ Mary D. Long

Law Bureau

TUS (Rail Safety)

Jose Garcia

File Room

Calendar File

A-2015-2514790 APPLICATION OF BUFFALO & PITTSBURGH RAILROAD FOR APPROVAL OF THE ABOLITION OF THE CROSSING

BUFFALO & PITTSBURGH RAILROAD
201 NORTH PENN STREET
PUNXSUTAWNEY PA 15767
ERIC M HOCKY ESQUIRE
CLARK HILL THORP REED
ONE COMMERCE SQUARE
2005 MARKET ST SUITE 1000
PHILADELPHIA PA 19103
215.640.8523
EDWIN C CLARK JR
WEST MAHONING TWP
112 CHESTNUT STREET
SMICKSBURG PA 16256
GINA M D'ALFONSO ESQUIRE
PENNDOT OFFICE OF CHIEF COUNSEL
PO BOX 8212
HARRISBURG PA 17105-8212
717.787.3128

Accepts E-service


INDIANA COUNTY SOLICITOR
825 PHILADELPHIA STREET
INDIANA PA 15701
ROW & UTILITY DIVISION

BUREAU OF DESIGN
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
P O BOX 3362
HARRISBURG PA 17105-3362
SARAH L WADDING
858 NORTH LOOP ROAD
DAYTON PA 16222
THOMAS RIVOSECCHI ESQUIRE
SIMPSON KABLACK & RIVOSECCHI PC
834 PHILADELPHIA STREET SUITE 200
INDIANA PA 15701
724.465.5559

PA PUC BUREAU OF INVESTIGATION AND ENFORCEMENT

400 NORTH STREET

HARRISBURG PA 17120

CSX TRANSPORTATION INC
500 WATER STREET
JACKSONVILLE FL 32202

SCOTT K SNYDER
PENNDOT
2550 OAKLAND AVENUE
PO BOX 429
INDIANA PA 15701-0429
724.357.2161

Accepts E-service


WILLIAM J CRESSLER ESQUIRE
PENNDOT
OFFICE OF CHIEF COUNSEL
PO BOX 8212
HARRISBURG PA 17105-8212
ROSETTA ELKIN DAY
415 COUNTY HWY 10A
DEFUNIAK SPRINGS FL 32435
MARK CHAPPELL PE CHIEF
PENNDOT BUREAU OF DESIGN ROW & UTILITY DIVISION
PO BOX 3362
HARRISBURG PA 17105-3362

Delbert and Betty Jean Highlands

5755 North Point Drive

PO Box 234

Dayton, PA 16222

United States Army Corps of Engineers

Mahoning Creek Lake Park Manager

145 Dam Site Road

New Bethlehem, PA 16242-9603

Tyree C Blocker Commissioner

Pennsylvania State Police

3rd floor Department Headquarters

1800 Elmerton Avenue

Harrisburg, PA 17110

TYREE C BLOCKER COMMISSIONER

PENNSYLVANIA STATE POLICE

3RD FLOOR DEPARTMENT HEADQUARTERS

1800 ELMERTON AVENUE

HARRISBURG, PA 17110

ROBIN MARYAI CLERK COUNTY OF INDIANA 825 PHILADELPHIA STREET

INDIANA PA 15701 724.465.3805

QUESTIONS AND PROCEDURE

A-2015-2514790 November 2, 2016

1.  West Mahoning Township (Township) submit testimony describing the general location of the railroad-highway above-grade crossing involved in this proceeding.

2.  Township state whether it has maintenance responsibility for the existing crossing structure, roadway approaches and North Loop Road (T-392) inclusive to winter maintenance.

3.  Township submit testimony as to whether North Loop Road (T-392) receives winter maintenance and if so how the Township cleared snow from the bridge.

4.  Township submit testimony describing the number of households located along North Loop Road (T-392) that are directly affected by the closure of the subject crossing and state whether in its opinion if they have reasonable egress from North Loop Road.

5.  Township submit testimony describing the average length of detour to Goodville Road (T-860) for the residents along North Loop Road.

6.  Township submit testimony stating the date school buses, plow trucks and emergency vehicles (Fire Trucks) were restricted from crossing the bridge structure because of their weight.

7.  Township submit testimony as to whether they have knowledge of vehicles that have used the bridge that are overweight above the 3 ton posting.

8.  Township state whether B&P has provided or installed the proper signage as per the Manual on Uniform Traffic Control Devices for “Bridge Closed” (R11-2), on both beginning segments of North Loop Road.

9.  Township submit testimony as to whether it formally objects to the closure of the bridge and the abolition of the crossing.

10.  Township submit testimony as to whether it held a public meeting discussing the replacement of the existing bridge and what the results and/or conclusion of the public meeting was. If it has minutes of that meeting submit as evidence.

11.  Township submit testimony as to how many times historically North Loop Road (T-392) was the only point of egress due to flooding and simultaneous road closures along both North Point Road (T-860) and Goodville Road (T-860) and list the date or dates of each occurrence. If the above condition was in effect exactly how many permanent households would be impacted

12.  Township submit into evidence Type 5 West Mahoning Township Map highlighting North Loop Road (T-392), North Point Road (T-860) and Goodville Road (T-860) and indicate all year round occupied households on this map between (T-390) and Huber Road (T-514) along (T-860) that would be affected from simultaneous road closures along (T-860) due to flooding that had North Loop Road as their only point of egress.

13.  Township submit testimony indicating what portion of the work and cost it will agree to perform and bear to rehabilitate the existing structure; and if not, what cost and future maintenance it will agree to assume to replace the existing structure. Responses should be specific as to percentage of allocations suggested, and should include the reasons for such allocations.

14.  Township submit testimony as to the gross vehicle weights of the emergency fire trucks and ambulance service responsible for the North Loop Road area and how long they have been restricted from using the North Loop Road public crossing.

15.  Township submit copies of any past orders or actions of this Commission, or its predecessor, which may have dealt with the construction, alteration, or reconstruction or maintenance of the subject crossing involved herein.

16.  Pennsylvania Department of Transportation (Department) as the entity that performs the National Bridge Safety Inspection and Inventory of the existing structure, submit testimony describing the general type of the existing crossing structure, including the number of spans, principle dimensions, roadway width, type of structure railing/barrier, length of bridge, horizontal and vertical clearance of the structure with respect to the railroad tracks, identify the date the existing structure was constructed and rehabilitated.

17.  Department submit testimony stating how and why the Department is responsible for the inventory and inspection of the existing crossing structure.

18.  Department indicate the daily volume of vehicular traffic, if known, that was using the existing crossing structure, including a breakdown by type of vehicle.

19.  Department submit testimony and evidence of the most recent comprehensive inspection report and why the Department had increased its inspection frequency for this structure to three months in lieu of its standard biannual routine inspections.

20.  Department submit testimony and evidence as to the history of the bridge postings associated with this structure giving dates and exact reasons and explanation behind each downgrade of the posting limit.

21.  Department submit testimony on what could happen if the posting limit was ignored by the motoring public.

22.  Department submit testimony and evidence as to whether in its professional opinion and expertise if this existing structure can be rehabilitated and whether it could meet current design standards and loading criteria if it was rehabilitated in kind.

23.  Department submit testimony as to whether this existing timber structure could ever meet the Departments standard for Test Level acceptance for the bridge protective railing and/ or barrier. State the acceptable Test Level standard for the Departments bridges and what standard the existing bridge now meets and what standard could be achieved through rehabilitation for this timber structure.

24.  Department provide an estimate the cost of a replacement structure of this length and width at this crossing location that meets Pennsylvania’s current design criteria and standards.

25.  Department state whether Buffalo & Pittsburgh Railroad has installed or supplied the proper signage as per the Manual on Uniform Traffic Control Devices for “Bridge Closed” (R11-2) on both beginning segments of North Loop Road (T-392) as directed by the Secretarial Letter dated October 14, 2015.

26.  Department submit testimony as to whether Federal or State funds would be available for any improvement or replacement of the subject crossing.

27.  Department submit testimony indicating what portion of the work and cost it will agree to perform and bear to rehabilitate the existing structure; and if not, what cost and future maintenance it will agree to assume to replace the existing structure. Responses should be specific as to percentage of allocations suggested, and should include the reasons for such allocations.

28.  Department submit copies of any past orders or actions of this Commission, or its predecessor, which may have dealt with the construction, alteration, or reconstruction or maintenance of the subject crossing involved herein.

29.  Buffalo & Pittsburgh Railroad (B&P) submit testimony as to the exact corporate name of the owner and operator of the line of railroad at the subject crossing.

30.  B&P state whether it has maintenance responsibility for the existing crossing structure and when it assumed maintenance responsibility for this line and crossing.

31.  B&P submit testimony and evidence as to the number of tracks presently located at the subject crossing, and the volume, class and approximate speed of all trains operated daily over its tracks and whether any significant changes to such operations are contemplated in the foreseeable future.

32.  B&P submit testimony and evidence as to the horizontal and vertical clearance of the structure with respect to the railroad tracks, substructures (pier bents) and superstructure.

33.  B&P submit testimony identifying the dates the existing structure was constructed and rehabilitated.

34.  B&P state what maintenance and improvements it has performed on the existing crossing structure, if any, together with dates and cost of such work, and state what obligations it has been assigned or has assumed with respect to the maintenance of this structure.

35.  B&P state as to whether they have knowledge of vehicles that may have used the bridge that are overweight above the 3 ton posting.

36.  B&P submit copies of any past orders or actions of this Commission, or its predecessor, which may have dealt with the construction, alteration, or reconstruction or maintenance of the subject crossing involved herein.

37.  B&P submit testimony indicating what portion of the work and cost it will agree to perform and bear to rehabilitate the existing structure; and if not, what cost and future maintenance it will agree to assume to replace the existing structure. Responses should be specific as to percentage of allocations suggested, and should include the reasons for such allocations.

38.  B&P submit testimony indicating what portion of the work and cost it will agree to perform and bear to relocate the public crossing and install an at-grade crossing to replace the North Loop Road public crossing and if not respond to as why or why not and include specific reasons.

39.  B&P state whether the Department or others provided copies and/or summaries of the inspection reports of the bridge.

40.  B&P as ordered in a Secretarial Letter issued by the Commission dated October 14, 2015 and later stated in its own petition received by the Commission December 10, 2015 as having done so, state whether it supplied West Mahoning Township to install or it has installed the applicable bridge closed signing “Bridge Closed” (R11-2), that is in accordance with the Manual on Uniform Traffic Control Devices for both beginning segments of North Loop Road (T-392).

41.  CSX Transportation Inc. (CSX) answer questions 34 through 38 as if the same were posed to it.

42.  Indiana County (County) submit testimony as to whether Federal, State or County funds would be available for any improvement or replacement of the subject crossing or funds allocated through the regions local planning organization.

43.  County submit testimony indicating what portion of the work and cost it will agree to perform and bear to rehabilitate the existing structure; and if not, what cost and future maintenance it will agree to assume to replace the existing structure. Responses should be specific as to percentage of allocations suggested, and should include the reasons for such allocations.

44.  County submit copies of any past orders or actions of this Commission, or its predecessor, which may have dealt with the construction, alteration, or reconstruction or maintenance of the subject crossing involved herein.