20160826Decision Memo.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSION ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
CHRIS HECHT
AUGUST 26, 2016
CASE NO. SCH-W-15-01
COMPLIANCE TARIFF FILING
On February 15, 2015, Schweitzer Basin Water, LLC filed an application for a Certificate
of Public Convenience and Necessity. Commission Order No. 33543 granted the Company
Certificate No. 521 on June 23, 2016. On July 14, 2016, the Company submitted its tariff as
directed by the Commission. Since that time, Staff has worked with the Company to ensure the
tariff is in compliance with the Commission's Order, Rules and Regulations, and Idaho Statutes.
The Company requested an effective date of July 1, 2016, which is consistent with the
Commission's order. See Order at 15.
In Order No. 33543, the Commission approved an Insufficient Funds Fee of $30.00.
Order at 13. The Company had requested a $40.00 charge; Staff recommended a $20.00 charge
in its comments.
Idaho Code § 28-22-1051 allows a company to charge no more than $20.00 for
dishonored checks. In its review, Staff discovered that the fee schedule for Mountain West Bank
provided by the Company in its reply comments was outdated; the current fee schedule is
attached to this memo. Staff also verified that the Overdraft/Returned Item Fee cited by the
Company would be assessed by the bank if the Company itself issued a dishonored check. If a
customer of the Company made a payment with a dishonored check that was subsequently
1 The statute states, in pertinent part, "Whenever a check ... has been dishonored by nonacceptance or nonpayment
... the drawer of such check shall also be liable for payment of interest ... and cost of collection not to exceed
twenty dollars ... or the face amount of the check, whichever is the lesser."
DECISION MEMORANDUM 1 AUGUST 26, 2016
deposited by and returned to the Company, the Company would be assessed a Returned Deposit
Item charge of $2.00.
Staff discussed the problem with the Company, and the Company agreed to a $20.00
Insufficient Funds Fee. Staff recognizes that in addition to the bank fee it would incur if a
customer paid with a dishonored check, there are also administrative costs incurred by the
Company to pursue collection of the amount owed by the customer. Staff maintains that the
amount of the charge should be consistent with the statute and sufficient to discourage customers
from making payment with a dishonored check.
STAFF RECOMMENDATION
Staff has confirmed that the final version of the tariff complies with Commission Order
No. 33543, with the one exception noted above. Staff recommends approval of the Company
tariff, including an Insufficient Funds Charge of $20.00.
COMMISSION DECISION
Does the Commission wish to approve the Company Tariff with an effective date of July
l, 2016?
ChrisH
Udmcmos/SCH-W-15-01 Compliance Filing dee memo
DECISION MEMORANDUM 2 AUGUST 26, 2016
MOUNTAIN WEST BANK
FEE SCHEDULE
Effective January 1, 2016
This schedule lists fees that may be charged for certain services. Please famlliarize yourself with your
account Information and potentially applicable fees. Note that products and services may vary by branch or
change over time. Fees are subject to change and not all fees may appear here. You may obtain Information
about Interest rates and fees for services not listed here by contacting your local branch.
Bolded fees reflect a change from current pricing.
OVERDRAFT FEES
Overdraft fee created by check, In-person withdrawals,
ATM withdrawals, or other electronic means
Overdraft Fee $30.00/ltem
EARLY ACCOUNT CLOSING FEE
Early Account Closing Fee $10.00
-Fee assessed If account Is closed within the first 90 days
-Fee assessed for Items that are paid
Returned Item Fee CARD SERVICES $30.00/ltem Express Delivery Card Replacement -Fee assessed for Items that are returned
Continuous Overdraft Fee s 5.00/day Instant Issue Local Image
Instant Issue Custom Image (e.g. high school mascot)
$80.00
$5.00
$10.00 -Fee assessed on accounts that remain
for more than 5 consecutive days
STOP PAYMENT FEES
Stop Payment
WIRE TRANSFER
$30.00/item
Incoming Wire Fee {domestic and foreign) $10.00/each
Outgoing Wire Fees
-Domestic $20.00/each
-Foreign sent In U.S. dollars $75,00/each
-Foreign sent In foreign currency $50.00/each
-Foreign using direct credit $50.00/each
(direct credit may not be available In all countries/currencies)
DORMANT ACCOUNT FEE
Dormant Account Fee $ 5.00/month
-Fee assessed on checking accounts with a dally
balance less than $100 and no activity for 1 year
-Fee assessed on savings and money market accounts with
dally balances less than $100 and no activity for 2 years
Unclaimed Property Fee $50.00/remlttance
-Fee assessed on accounts before remittance to the state
EXCESS WlTHDRAWAL FEE
Savings and Money Market Accounts $ 1,00/ltem
-Fee assessed on accounts with more than 6 withdrawals
or transfers to another account of yours or to a third party
by means of pre-authorized or automatic transfer or
telephone order or Instruction, computer transfer, or by a
check, debit card, or similar order to a third party
LEGAL PROCESS FEES
Levy, Garnishment, Execution Fees
-Charged to customer's account
-Processor Fee
$75.00/request
$10.00/request
ACCOUNT RECONCILIATION OR RESEARCH FEE
Account Reconciliation or Research
OTHER IN-BRANCH SERVICES
Cashier's Checks
Returned Deposit Item
Sweeps
Check Cashing {non-customer)
SAFE DEPOSIT BOXES
$30.00/hour
$ 5.00/ltem
$ 2,00/ltem
$ 2.00/transfer
$1 S.00/ltem
Box sizes vary per location. Please contact customer service for
availablllty and annual rent for safe deposit boxes. Box rent Is
due annually.
BoxDrllling
Key Replacement
Locksmith Fee
$20.00
~Mountain _ ....;.;~ West Bank FDIG@. ~ ~ Division of Glacier Bank