National Railroad Passenger v. Pennsylvania Public Utility Commission

MEMORANDUM

NEWCOMER, District Judge.

The National Railroad Passenger Corporation (“Amtrak”) brought this action for declaratory and injunctive relief against an Order of Pennsylvania Public Utility Commission (“Commission” or “PUC”). The Order, issued May 30, 1986, assessed against Amtrak certain costs involved in the replacement. of the Cassatt Avenue bridge, which transverses an Amtrak right-of-way. Amtrak has moved for summary judgment, asserting that the assessment of costs by the Commission violates a federal statute which exempts Amtrak from the payment of taxes and certain other fees.…