My bet is that Amtrak is very happy not being legally considered a utility. That gets them out from under all the state and federal regulation and oversight that require utilities to fill entire floors with analysts and report writers. If Amtrak has one of their 138kV lines blow into a tree, they go out, cut the tree, fix the conductor, and turn it back on. If a utility has that happen, they do the same thing, plus pay the feds heavy fines for inadequate vegetation management. Amtrak has the better deal.