Commonwealth of Pennsylvania, Department of Transportation v. Pennsylvania Public Utility Commission

Opinion by

President Judge Crumlish, Jr.,

The Pennsylvania Department of Transportation (DOT), Borough of Homewood, Borough of Big Beaver and County of Beaver appeal a Pennsylvania Public Utility Commission order assessing costs of reconstruction and future maintenance of the Home-wood Viaduct. We affirm.

The Commission determined that the rail-highway crossing was to be demolished and reconstructed, with the cost of said reconstruction to be assessed as follows: 50% against Conrail; 40% against DOT; 10% against Beaver County;1 minor construction costs assessed to the Pennsylvania Turnpike…