27974.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT)
OF  RAILROAD CORPORATIONS FOR )CASE NO.  F-1999-2
THE SPECIAL REGULATORY FEES )
PAYABLE TO THE COMMISSION.)ORDER NO.  27974
                                                                                  )
In March 1999 our Legislature passed House Bill Nos. 374 and 377 appropriating $4,123,500 to the Idaho Public Utilities Commission for fiscal year 2000 (July 1, 1999 to June 30, 2000).  The total appropriation consists of $282,100 from the General Fund; $130,450  from railroad corporations; and $3,710,950 from fees assessed on public utilities. Section 3 of the House Bill No. 374, provides for a transfer of $282,100 from the Public Utilities Commission Fund to the General Fund to reimburse the Fund for the actual cost of salaries and related benefits of the Commissioners.(footnote: 1)  We have allocated this transfer among public utilities and railroads—the railroads’ share is $6,650.
This Order assesses the railroads their proportional share of the total appropriation:  $137,100.  The gross intrastate revenues from railroad operations in Idaho totaled $34,638,195 for calendar year 1998.  Accordingly, the proportionate share of each railroad’s fee is to be assessed at .3958 percent (.003958) 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
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 represents the amount to be expended by the Commission in supervising and regulating the railroads subject to its jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 1998 calendar year amounts to $34,638,195.
The proportionate assessment for railroad corporations is .3958 percent (.003958) of Idaho gross operating revenue derived from intrastate railroad corporation business for the 1998 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 2000 fiscal year a special regulatory fee amounting to .3958 percent (.003958) of such railroad’s gross operating revenues derived from its intrastate business in Idaho for the 1998 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, 1999, and the remaining one-half shall be paid on or before November 15, 1999.  Railroad corporations may pay their entire 1999 regulatory fee no later than May 15, 1999.
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 the assessment prescribed in this Order 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  1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O-F19992.dh
FOOTNOTES
1:
House Bill No. 286 effective July 1, 1999 (1999 Sess. Laws ch. 289) amended Idaho Code §§ 61-1001 and 61-1004.  These sections historically required that the salaries for the Commissioners be paid from the state General Fund.  The amendments to these sections will allow the Commissioners’ salaries to be paid directly from the Commission’s special regulatory fees instead of reimbursing the General Fund.
COMMENTS AND ANNOTATIONS
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Service Date
April 26, 1999