26894.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT)
OF  PUBLIC UTILITIES FOR THE )CASE NO.  F-1997-1
SPECIAL REGULATORY FEES PAYABLE)
TO THE COMMISSION.)ORDER NO.  26894
                                                                                )

The 1997 Legislature passed Senate Bill No. 1231 (1997 Sess. Laws, ch. 44) appropriating $3,952,500 to the Idaho Public Utilities Commission for fiscal year 1998 (July 1, 1997 to June 30, 1998).  The total appropriation consists of $263,500 from the General Fund; $184,182  from fees assessed on railroad corporations; $651,938 from motor carrier fees; and $3,116,380 from fees assessed on public utilities. Section 3 of the Bill, provides for a transfer of $263,500 from the Public Utilities Commission Fund to the General Fund to pay the actual cost of salaries and related benefits of the three Commissioners.  We have allocated this transfer among public utilities, motor carriers and railroads—the utilities’ share is $210,800.
This Order assesses the utilities their proportional share of the total appropriation:  $3,116,380.  However, this amount must be reduced by $175,833 pursuant to Idaho Code § 61-1008 which provides that revenues unexpended at the end of a fiscal year remain in the Public Utilities Commission Fund and are credited ratably against the following year’s assessment. Thus, the total 1998 fiscal year assessment for public utilities in this Order is $2,940,547.  The gross intrastate revenues from utility operations in Idaho totaled $1,252,289,450 for calendar year 1996.  Accordingly, the proportionate share of each utility’s fee is to be assessed at .2348 percent (.002348) of each utility’s gross intrastate operating revenues.  In no case shall the assessed regulatory fee be less than $50, Idaho Code § 61-1004(3).
FINDINGS OF FACT
I
In accordance with Idaho Code §§ 61-1001 through -1008 and 62-611, the proportionate assessment for public utilities subject to the jurisdiction of this Commission, with the exception of railroad corporations and motor carriers, amounts to $2,940,547.  This assessment and the $175,833 unexpended during the prior fiscal year represents the amount to be expended, by the Commission in supervising and regulating the public utilities subject to its jurisdiction.
II
The total reported Idaho gross intrastate revenues for all utilities for the 1996 calendar year amounts to $1,252,289,450.
III
The proportionate assessment for public utilities is .2348 percent (.002348) of Idaho gross operating revenue derived from intrastate utility business for the 1996 calendar year.  In no case shall the calculated regulatory fee be less than a minimum of fifty dollars ($50.00) per utility.
O R D E R
IT IS THEREFORE ORDERED, except as provided in the following paragraph, that each public utility and Title 62 telephone corporation operating within the state of Idaho and subject to the jurisdiction of this Commission shall pay to the Idaho Public Utilities Commission for the 1998 fiscal year a special regulatory fee amounting to .2348 percent (.002348) of such utility’s gross operating revenues derived from its intrastate utility business in Idaho for the 1996 calendar year.
IT IS FURTHER ORDERED that if the fee thus determined shall be less than fifty dollars ($50.00), then such utility shall pay to the Commission the minimum of fifty dollars ($50.00) as prescribed by law.  SeeIdaho Code §§ 61-1004(3) and 62-611.
IT IS FURTHER ORDERED that one-half of such regulatory fee shall be paid to the Commission on or before May 15, 1997, and the remaining one-half shall be paid on or before November 15, 1997.  Utilities may pay their entire 1997 regulatory fee no later than May 15, 1997.
IT IS FURTHER ORDERED that if the payment shall not be made on or before the due dates, the installment or portion thereof so due shall bear interest at the rate of six percent (6%) per annum until such time as the full amount of the installment shall have been paid and such delinquent payment shall be subject to an action in the name of the State for collection.
THIS IS A FINAL ORDER.  Any utility objecting to any assessment may file an objection with the Commission pursuant to Idaho Code § 61-1007.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of  April  1997.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O-F19971.dh
COMMENTS AND ANNOTATIONS
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Service Date
April 21, 1997