Wis. Admin. Code Public Service Commission PSC 132.03 - Compensation

(1)

(a) Unless otherwise agreed to by the parties and subject to sub. (2), a public utility which locates its facilities within the right-of-way of a railroad shall compensate the railroad $500 for each crossing. The payment shall be a one- time payment, in lieu of any license fees, to reimburse the railroad for expenses incurred by the railroad as a result of the construction of the facilities and, in the case of a private crossing, to compensate the railroad for the locating of the facilities within the right-of-way.

(b) Unless otherwise agreed to by the parties, the one-time payment under par. (a) does not apply to public utility facilities located within a railroad right-of-way on the effective date of this paragraph February 1, 1996.

(2)

(a) In this subsection:

1. "Direct expenses" does not include a contribution to profit but may include any of the following:

a. The cost of inspecting the crossing site before, during or after construction.

b. Administrative costs, such as the costs of entering the new crossing on the railroad's books, maps and property records.

c. The cost of flagging during construction.

d. Any other costs incurred due to actual construction.

2. "Special circumstances" means unique characteristics of a parcel of property which enhance its value above that of a typical parcel of railroad right-of-way. "Special circumstances" may include the parcel's relationship to other property, the existence of unique topography or natural resources or other unusual characteristics.

(b) A railroad may petition the commission for compensation greater than the amount under sub. (1) if the railroad and the public utility cannot agree on compensation and the railroad incurs extraordinary direct expenses as a result of the construction of the facilities or believes that special circumstances exist. If a petition is filed, the commission shall determine whether extraordinary direct expenses are incurred or whether special circumstances exist and the amount of compensation to be paid to the railroad.

(3) If grade crossing markings or signs are damaged during construction, the party responsible for the damage shall pay the replacement costs, unless otherwise agreed to by the parties.

Notes

Wis. Admin. Code Public Service Commission PSC 132.03

CR Register, January, 1996, No. 481, eff. 2-1-96.