Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.3 - General Notice and Specification Exhibit Requirements and Payment of Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				and exhibit.
Anytime a public utility intends to construct a crossing
				across 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. By August 1, 2003, each railroad, either individually or
				jointly, shall submit for board review and approval proposed specification
				exhibits for use with notifications of intent to construct. The board must also
				approve any subsequent revisions or amendments to the forms.
(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 fiberoptic 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 board 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 board, proceed with construction unless the board
				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.