COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA PUBLIC UTILITY COMMISSION IN REPLY PLEASE Office of Administrative Law Judge REFER TO OUR FILE P.O. BOX 3265, HARRISBURG, PA 17105-3265 May 9, 2014

In Re: I-00970069 (SEE ATTACHED LIST)

Investigation upon the Commission’s own Motion to determine the condition, disposition and responsibility for maintenance of the existing crossing structure carrying Mary Street (T-439) above the grade of the track of the Reading, Blue Mountain and Northern Railroad Company in Fairview Township, Luzerne County (AAR 361 471S)

Hearing Notice

This is to inform you that a hearing on the above-captioned case will be held as follows:

Type: Initial Hearing

Date: Tuesday, July 1, 2014

Time: 10:00 a.m.

Location: Room 318 Scranton State Office Building 100 Lackawanna Avenue Scranton, PA 18503

Presiding: Administrative Law Judge Ember S. Jandebeur Room 317 Scranton State Office Building 100 Lackawanna Avenue Scranton, PA 18503 Telephone: 570.963.4818 Fax: 570.963.3310

Attention: You may lose the case if you do not come to this hearing and present facts on the issues raised.

#391098 rev 01/09 If you intend to file exhibits, two (2) copies of all hearing exhibits to be presented into evidence must be submitted to the reporter. An additional copy must be furnished to the Presiding Officer. A copy must also be provided to each party of record.

Individuals representing themselves do not need to be represented by an attorney. All others (corporation, partnership, association, trust or governmental agency or subdivision) must be represented by an attorney. An attorney representing you should file a Notice of Appearance before the scheduled hearing date.

If you are a person with a disability, and you wish to attend the hearing, we may be able to make arrangements for your special needs. Please call the scheduling office at the Public Utility Commission at least five (5) business days prior to your hearing to submit your request.

If you require an interpreter to participate in the hearings, we will make every reasonable effort to have an interpreter present. Please call the scheduling office at the Public Utility Commission at least ten (10) business days prior to your hearing to submit your request.

 Scheduling Office: 717.787.1399  AT&T Relay Service number for persons who are deaf or hearing-impaired: 1.800.654.5988 pc ALJ Jandebeur Jennifer Kocher, CMU (via email) Rodney Bender- TUS, Keystone 3E Stephen Townend File Copy Calendar Copy

#391098 rev 01/09 I-00970069 - INVESTIGATION INTO THE MARY STREET CROSSING ABOVE THE TRACK OF RBMNR

(Revised 5/9/14)

MARK C MORROW ESQUIRE DONALD H BROBST ESQUIRE UGI CORPORATION ROSENN JENKINS AND 460 NORTH GULPH ROAD GREENWALD LLP KING OF PRUSSIA PA 19406 15 S FRANKLIN STREET 610.768.3628 WILKES BARRE PA 18711 E-Serve 570.826.5652 E-Serve NICHOLAS D MERTENS ESQUIRE PENNDOT ROBERT N GAWLAS JR ESQUIRE PO BOX 8212 ROSENN JENKINS AND HARRISBURG PA 17105-8212 GREENWALD LLP 717.787.3128 15 S FRANKLIN STREET E-Serve WILKES BARRE PA 18711 570.826.5684 ADAM D YOUNG ESQUIRE E-Serve PA PUBLIC UTILITY COMMISSION BUREAU OF INVESTIGATION & DAVID P ZAMBITO ESQUIRE ENFORCEMENT JOSHUA L BELCHER ESQUIRE PO BOX 3265 COZEN O’CONNOR HARRISBURG PA 17105-3265 305 NORTH FRONT STREET 717.772.8582 SUITE 400 E-Serve HARRISBURG PA 17101-1236 717.703.5892 ERIC M HOCKY ESQUIRE E-Serve THORP REED & ARMSTRONG LLP 2005 MARKET STREET SUITE 1000 STEPHEN MENN ESQUIRE ONE COMMERCE SQUARE COUNTY OF LUZERNE PHILADELPHIA PA 19103 200 NORTH RIVER STREET 215.640.8500 WILKES-BARRE PA 18711

ABIGAIL M BOYLAN ESQUIRE ROSENN JENKINS AND GREENWALD LLP 15 S FRANKLIN STREET WILKES BARRE PA 18711 570.826.5654 E-Serve

#391098 rev 01/09