2. Documents Filed With Application. Whenever under these rules any map, profile, certificate, statement or other document is required to be filed with a petition and the same has theretofore been filed with the Commission, the petition may state the fact of such filing, with the date and the proceedings, in which, or occasion on which, the filing was made. 3. Procedure of Commission on Filing of Petition. Upon the filing of such petition, the Commission shall examine the same to see whether it establishes a prima facie case for action on the part of the Commission and conforms to these rules. If the petition fails in either of these respects, the Commission will give notice of the defects to the applicant, who may correct the same. If the petition be found to state a prima facie case and to comply with the rules, the Commission may make an order ex parte granting the application or will appoint a time and place for a hearing on the same, provided that a hearing shall always be held when provided for in the Public Utilities Act. Rule X. Railroad Crossings-Applications for Construction, Alteration or Abolition of.-When application is made for the construction, alteration or abolition of crossings (1) of public roads, highways or streets by railroads, or (2) of railroads by public roads, highways or streets, or (3) of railroads by railroads, or (4) of railroads by street railroads, or (5) of street railroads by railroads, or (6) of public roads or highways by street railroads, or (7) of street railroads by public roads or highways, under the provisions of section 43 of the Public Utilities Act, 1. The petition, in addition to the requirements of Rule IX, must state: (a) If the application is for a crossing at grade, such facts, data and estimates of cost as tend to show that it is not reasonable or practicable to effect a separation of grades. (b) Such safety device or other protection, if any, as the applicant may believe should be installed, with detailed information concerning the same. 2. With the petition shall be filed: (a) Map on scale of not less than 200 feet per inch showing accurately the location of all tracks, buildings, structures, property lines, streets and roads in the vicinity of the proposed crossing. (b) Profiles showing ground lines and proposed grade lines of approaches on such public roads, highways or streets, railroads or street railroads as may be affected by the proposed crossing. In case of a contemplated crossing of a railroad by a railroad, the profile of each railroad shall show the customary information for not less than one (1) mile on each side of the proposed crossing. Rule XI. Safety Devices at Railroad Crossings— Applications for. Whenever a railroad or street railroad desires to protect any crossing which it may have at grade with another railroad or street railroad, with an interlocking or other safety device, it may make application to the Commission for an order approving such device and directing its construction and also prescribing the division of the cost of construction, maintenance and operation of the same. 1. The petition, in addition to the requirements of Rule IX, must state: (a) The kind of device proposed, with a description thereof and an estimate of the cost of its construction and operation. (b) The average number of trains of each class, and of cars in case of street railroads, operated daily over the crossing by each railroad over a period of not less than thirty (30) days. 2. With the petition shall be filed: (a) Map on scale of not less than 100 feet per inch, showing the location of main tracks, the length and location of all switches, sidings and spur tracks, all buildings and obstructions to the view in the vicinity, the proposed location of tower, if any, and the proposed location of all derails, switches, signals and detector bars, which are proposed to be operated by the device. (b) A profile of each railroad or street railroad, showing the customary information for not less than one (1) mile on each side of the crossing, in case of railroads, and not less than 1,000 feet in case of street railroads. (c) Copies of such contracts or agreements, if any, as may have been entered into relating to the construction or protection of the crossing. Rule XII. New Construction or Extensions-Application for. When application is made by a street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation for a certificate that the present or future public convenience or necessity requires or will require a proposed new construction or an extension in the cases specified in section 50a of the Public Utilities Act: 1. The petition, in addition to the requirements of Rule IX, must state: (a) The proposed location, route or routes, the method of construction, and the names of all public utility corporations or persons with whom the proposed new construction or extension is likely to compete. (b) The facts showing that the proposed new construction or extension is or will be required by public convenience and necessity. (c) The manner, in detail, in which it is proposed to finance the proposed new construction or extension. 2. With the petition shall be filed: (a) Map to suitable scale, showing the location or route of the proposed new construction or extension with its relation to other public utilities with which the same is likely to compete, which map shall contain all data necessary for a complete understanding of the situation. (b) When the consent, franchise or permit of a county, city and county, municipal or other public authority is necessary, a certified copy of the application therefor and of the ordinance or other document granting such consent, franchise or permit. If it is impossible to file a copy of the application, the facts rendering such filing impossible shall be stated. Rule XIII. Franchises and Permits-Applications for Permission to Exercise.-When application is made by a street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation for a certificate that public convenience and necessity require the exercise of a right or privilege under a franchise or permit, in the cases specified in section 50b of the Public Utilities Act: 1. The petition, in addition to the requirements of Rule IX, must state: (a) The financial condition of the applicant as defined in Rule I, 6. (b) The facts showing the proceedings theretofore taken with reference to franchise or permit for which permission and approval are sought. (c) If the application is for permission to exercise a right or privilege under any franchise or permit granted prior to March 23, 1912, but not theretofore exercised, or the exercise of which has been suspended for more than one year, the reason why such right or privilege has not been exercised or has been suspended. (d) The facts showing that the exercise of such right or privilege under such franchise or permit is required by the public convenience and necessity. 2. With the petition shall be filed: (a) A certified copy of the written application to the proper county, city and county, municipal or other public authority for its consent, franchise or permit and of the ordinance or other document, if any has been secured, granting such consent, franchise or permit. If it is impossible to file a copy of the application, the facts rendering such filing impossible shall be stated. (b) Map to suitable scale, showing the streets, avenues and all other places and property in or upon or along which it is proposed to exercise such franchise or permit. 3. If a public utility desires to exercise a right or privilege under a franchise or permit which it contemplates securing, but which has not as yet been granted to it, such public utility may apply to the Commission for an order preliminary to the issue of the certificate. The Commission will, in its discretion, thereupon make an order declaring that it will thereafter upon application issue the desired certificate, upon such terms and conditions as it may designate, after the public utility has obtained the contemplated franchise or permit. Upon the presentation to the Commission of evidence satisfactory to it that such franchise or permit has been secured by such public utility, the Commission will thereupon issue such certificate. Rule XIV. Sale, Lease, Assignment, Mortgage or Other Disposition of Property - Application for.When application is made by a railroad corporation, street railroad corporation, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation or water corporation for an order authorizing the sale, lease, assignment, mortgage |