Nauman Smith Attorneys to Present PUC Rail Assessment and Crossing Cost Updates at Ksrra Board Meeting

April 29, 2009

(Harrisburg, PA) -- Nauman Smith Rail Law Attorney Benjamin C. Dunlap, Jr., will present findings of a Norfolk Southern, Conrail and CSX-funded study conducted on behalf of the Keystone State Railroad Association (KSRRA) to reduce railroad regulation costs, according to Joseph H. Gerdes III, Executive Director of the KSRRA.  The study compares how neighboring states manage rail crossing and regulatory cost matters.
 
"Study findings will be reviewed in depth at our April 21 Board of Directors meeting," Gerdes said. "The study was conducted by the Harrisburg law firm Nauman, Smith, Shissler & Hall, to help improve efficiencies in PUC crossing regulatory procedures and thereby reduce assessments.  It will include discussions begun with Class I railroad engineers, further consultation with the KSRRA working group on PUC reform, and PUC staff about ideas for working more efficiently with the PUC in order to cut the costs of regulation and assessments."

Attorney Dunlap noted that in recent meetings with PUC staff, they have expressed a willingness to work with the railroads to identify procedures that could be modified to achieve regulatory cost reductions.  One area of discussion was the development of an expedited procedure for the approval of grade crossing applications where the parties are in agreement regarding the work to be performed and the division of costs.
 
"Railroads have a significant opportunity to work with the PUC to achieve regulatory cost reductions, which the PUC has pledged to pass on to the railroads through reduced assessments," Dunlap noted.  "Not only would this translate into direct cost savings for the railroads, but would also save them time and indirect costs through simpler regulatory processes."
 
As the PUC is looking to the railroads to come to it with specific proposals, Dunlap encourages KSRRA members to attend the April 21 Board meeting with specific proposals to increase regulatory efficiencies.  In addition, ideas for potential statutory changes to lessen the burden of crossing costs on railroads will be discussed.  Members may want to consider including in the meeting their personnel who work most closely with the PUC and thus may have the most knowledge and best insights on the subject.  Dunlap said that members who cannot attend the Board meeting are welcome to send him reform ideas directly.
 
Gerdes said KSRRA, which represents all major freight carriers and short lines in Pennsylvania, remains committed to economic efficiency at every level of rail transport in Pennsylvania.
 
"Rail will continue to prove vital as the economy grows, expands and changes both nationally and statewide in the future. As it has for more than a century, Pennsylvania's freight rail remains integral to today's modern transportation infrastructure; however, we want to avoid unwarranted negative economic impacts in the current economy, particularly on our smaller carriers," Gerdes added.
 
Nauman Smith Rail Law Attorney Craig J. Staudenmaier will also present an update on railroad trespassing issues at the meeting, with an emphasis on recent case law, the railroad trespass statute, problems encountered with its enforcement and recommendations on how to use it more effectively.  Recent legislation in related areas (salvage yards) will be reviewed.  Highlights will be presented on recent developments in federal preemption in grade crossing accidents as well.

KSRRA's mission is to assist Pennsylvania's elected and appointed leaders, business executives, rail industry officials and citizens in recognizing and advancing railroads and their critical place in today's global economy. For more information, visit http://www.ksrra.com.
 
Founded in 1871, Nauman, Smith, Shissler & Hall, LLP, is the oldest law firm in continuous existence in Harrisburg, serving the Rail industry for more than a century. For further information, visit www.nssh.com, or contact Benjamin C. Dunlap, Jr., Esq at bdunlapjr@nssh.com or 717.236.3010 x 21 or Craig J. Staudenmaier, Esq at cjstaud@nssh.com or 717.236.3010 x 22.


Nauman Smith Shissler & Hall, LLP
200 North 3rd Street, 18th Floor
P.O. Box 840
Harrisburg, PA 17101
717.236.3010
fax: 717.234.1925
info@nssh.com