Iowa Admin. Code r. 199-42.3 - General notice and specification exhibit requirements and payment of fee
(1)
Notice and exhibit. Any time a public utility intends to
construct a crossing across a railroad right-of-way, the utility shall submit
to the railroad a notification of intent to construct, along with a
specification exhibit that shows the location of the crossing and the
railroad's property, tracks, and wires that the public utility's facilities
will cross. The notice and exhibit shall be submitted to the railroad by
certified mail, return receipt requested. The one-time standard crossing fee of
$750, unless otherwise agreed to by the railroad and public utility, shall
accompany the notice and exhibit. The public utility shall use its best efforts
to submit the specification exhibit on a form provided or approved by the
railroad. The specification exhibit constitutes the public utility's warranty
that the public utility facilities that are the subject of the exhibit will be
constructed and installed as shown on the exhibit. Railroad Crossing
Specification Exhibit forms are available on the commission 's website,
iuc.iowa.gov.
(2)
Exhibit-overhead wireline
crossings. For overhead wireline crossings, the specification exhibit
shall contain, at a minimum, the location of the poles supporting the crossing
span and adjoining spans on each side of the crossing span on the proposed
facilities; the number, kind, and size of wires; and the clearance between the
facilities and any existing railroad tracks, wires, or fiber-optic
lines.
(3)
Exhibit-underground crossings. For underground crossings, the
specification exhibit shall contain, at a minimum, the number, kind, and size
of wires, pipes, and conduit and casing to be used; the commodity conveyed; and
the depth to which the public utility facilities will be placed below the base
of the rail track and at other locations on the right-of-way. Multiple wires to
be contained within a single conduit may be combined on a single exhibit and
notice of intent to construct. Both cased and uncased natural gas pipeline
crossings shall be provided for on the specification exhibit form or
forms.
(4)
Authorization to
commence construction. After 35 days from the mailing of the notice,
specification exhibit, and fee, the public utility, absent a claim of special
circumstances or objection from the railroad that the information contained in
the specification exhibit is inadequate or incomplete, shall be deemed to have
authorization to commence construction of the facilities that are the subject
of the specification exhibit. In the event the public utility does not commence
construction within 120 days from the mailing of the notice or any changes to
the specification exhibit, whichever is later, the notice shall expire and the
fee may be retained by the railroad. If the public utility subsequently desires
to proceed with construction of the facilities subject to the notice, the
public utility must again comply with the notice, specification exhibit, and
fee requirements of these rules.
(5)
Crossing notice and payment of
flagging costs. In addition to any other required notice, a public
utility, except for emergency repair or maintenance, shall provide the railroad
written notice at least ten days prior to commencing any construction,
maintenance, or repair of facilities within the railroad's right-of-way. Such
notice is to enable the railroad to make any appropriate flagging arrangements.
The public utility shall reimburse the railroad for actual flagging expenses
within 30 days of receipt of a bill for flagging services.
(6)
Securing damages-special
circumstances. Pending a commission resolution of a claim of special
circumstances raised in a petition filed by the railroad pursuant to Iowa Code
section 476.27(4) and
subrule 42.18(2), a public utility may, upon compliance with these rules and
securing the payment of an amount sufficient for the removal of any facilities
constructed by the public utility in a manner approved by the commission ,
proceed with construction unless the commission intervenes to prevent
construction pursuant to Iowa Code section 476.27(6).
(7)
Inductive interference
study. If the railroad reasonably determines through its initial
review of the specification exhibit and engineering analysis that a proposed
public utility facility has a material possibility of posing an induction
problem with railroad property, the public utility, if it wishes to proceed
with the facility, shall cause a formal inductive interference study to be
performed by a qualified engineer approved by the railroad. The public utility
shall make and pay for any modifications to the proposed facility, or to the
railroad's property, that are necessary to ensure safe and reliable operations
of the railroad's property that are recommended by the qualified engineer. No
public utility facility that has undergone an inductive interference study
pursuant to this subrule shall be energized until the railroad has had an
opportunity to conduct any appropriate tests to ensure that, after the facility
is energized, there will not be any interference with the operation of the
railroad's property. Any appropriate tests shall be conducted by the railroad
within 30 days after receipt of a notice from the public utility that the
facility is ready to be energized.
Notes
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