26895.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT)
OF  RAILROAD CORPORATIONS FOR )CASE NO.  F-1997-2
THE SPECIAL REGULATORY FEES )
PAYABLE TO THE COMMISSION.)ORDER NO.  26895
                                                                                  )
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 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 railroads’ share is $12,300.
This Order assesses the railroads their proportional share of the total appropriation:  $184,182.  This amount is reduced by a $47,182 one-time adjustment for cash reserve paid from accumulated revenues.  Thus, the total 1998 fiscal year assessment for railroads is $137,100.  The gross intrastate revenues from railroad operations in Idaho totaled $27,932,579 for calendar year 1996.  Accordingly, the proportionate share of each railroad’s fee is to be assessed at .4908 percent (.004908) of each railroad’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, the proportionate assessment of the railroad corporations subject to the jurisdiction of this Commission is $137,100.  This assessment plus the $47,182 cash reserve adjustment represents the amount to be expended by the Commission in supervising and regulating the railroads subject to its jurisdiction.
II
The total reported Idaho gross intrastate revenues for all railroads for the 1996 calendar year amounts to $27,932,579.
III
The proportionate assessment for railroad corporations is .4908 percent (.004908) of Idaho gross operating revenue derived from intrastate railroad corporation business for the 1996 calendar year.  In no case shall the assessment be less than $50.
O R D E R
IT IS THEREFORE ORDERED, except as provided in the following paragraph, that each railroad 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 .4908 percent (.004908) of such railroad’s gross operating revenues derived from its intrastate 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 railroad corporation shall pay to the Commission the minimum of fifty dollars ($50.00) as prescribed by law.  SeeIdaho Code § 61-1004(3).
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.  Railroad corporations 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 railroad 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
vls/O-F19972.dh
COMMENTS AND ANNOTATIONS
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Service Date
April 21, 1997