PSC 132.06 Notification of construction; emergencies; repair and maintenance. PSC 132.07 Emergencies, reimbursement. PSC 132.08 Physical description of facilities. PSC 132.09 Removal of facilities. PSC 132.01(1)(1) The purpose of this chapter is to set forth the compensation to be paid and conditions to be met by a public utility for the construction of new facilities or the maintenance of existing facilities within a railroad right-of-way in cases where the utility and railroad cannot agree. PSC 132.01(2)(2) These rules shall be applicable to all future facilities and, except as provided in s. PSC 132.03 (1), shall be applicable to all existing facilities if agreements concerning existing facilities do not exist, expire, or are terminated. PSC 132.01(3)(3) These rules shall be applicable to public utility facilities constructed within railroad right-of-way, whether on public or private property. PSC 132.01 HistoryHistory: Cr. Register, January, 1996, No. 481, eff. 2-1-96. PSC 132.02PSC 132.02 Definitions. In this chapter: PSC 132.02(1)(1) “Commission” means the public service commission. PSC 132.02(2)(2) “Facilities” means cables, conduits, wires, pipes and structures used by a public utility to transmit utility service. PSC 132.02(3)(3) “Public utility” has the meaning given in s. 196.01 (5), Stats., and includes a “telecommunications provider,” as defined in s. 196.01 (8p), Stats., a “cable operator,” as defined in s. 66.0419 (2) (b), Stats., and a “sewerage system operator” as defined in s. 196.04 (4) (a) 2., Stats. PSC 132.02 NoteNote: Section 66.0419 (2) (b), Stats., was repealed by 2007 Wis. Act 42. PSC 132.02(5)(5) “Within” means across, intersecting, on, over, perpendicular to, or under. PSC 132.02 NoteNote: The definition of the term “within” does not include facilities “along” or “parallel to” railroad right-of-way.
PSC 132.02 HistoryHistory: Cr. Register, January, 1996, No. 481, eff. 2-1-96; am. (3), Register, July, 1999, No. 523, eff. 8-1-99; am. (3), Register, February, 2001, No. 542, eff. 3-1-01. PSC 132.03(1)(a)(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. PSC 132.03(1)(b)(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. PSC 132.03(2)(a)1.1. “Direct expenses” does not include a contribution to profit but may include any of the following: PSC 132.03(2)(a)1.a.a. The cost of inspecting the crossing site before, during or after construction.