Consolidated Rail Corp. v. Pennsylvania Public Utility Commission

SMITH, Judge.

Consolidated Rail Corporation (Conrail) petitions for review of an order of the Pennsylvania Public Utility Commission (PUC) directing rehabilitation of a bridge over railroad tracks and allocating costs. Conrail asserts that, when the National Railroad Passenger Corporation (Amtrak) owns property carrying its tracks beneath a highway but is exempt under a federal statute from the imposition of costs to maintain the crossing, Amtrak’s share of costs should be ascertained by the PUC and then be allocated to governmental entities benefitting from the passenger rail service.

A small,…