F20042 Order No 29468.pdf

Office ofthe Secretary
Service Date
April 21, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT
OF RAILROAD CORPORATIONS FOR THE
SPECIAL REGULATORY FEES PAYABLE
TO THE COMMISSION
ORDER NO. 29468
CASE NO. F -2004-
In March 2004, our Legislature passed and the Governor signed House Bill Nos. 736
and 805 appropriating $4 606 400 to the Idaho Public Utilities Commission for fiscal year 2005
(July 1 , 2004 to June 30, 2005). This appropriation represents $142 100 for railroad activities
393 900 for public utility activities, and a $70 400 expenditure for pipeline safety activities
reimbursable by the federal government.
This Order assesses the railroads their share of the total appropriation: $142 100, less
the adjusted carry-over from FY 2003 of$13 965. Idaho Code 9 61-1008(3). The reported gross
intrastate revenues from railroad operations in Idaho totaled $20 796 516 for calendar year 2003.
This is an increase of approximately $5.54 million from last year s reported revenues.
Accordingly, the proportionate share of each railroad's fee is to be assessed at .6161 percent
006161) of each railroad's gross intrastate operating revenues. In no case shall the assessed
regulatory fee be less than $50. Idaho Code 9 61-1004(3).
FINDINGS OF FACT
In accordance with Idaho Code 99 61-1001 through 61-1008, the Commission is
authorized to expend $142 100 in supervising and regulating the railroads subject to its
jurisdiction. Thus, the proportionate assessment to be collected from railroad corporations this
year is $128 135 ($142 100 minus $13 965).
The total reported Idaho gross intrastate revenues for all railroads for the 2003
calendar year amounts to $20 796 516.
The proportionate assessment for railroad corporations is .6161 percent (.006161) of
Idaho gross operating revenue derived from intrastate railroad corporation business for the 2003
calendar year. In no case shall the assessment be less than $50.
ORDER NO. 29468
ORDER
IT IS THERFORE 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 2005 fiscal year a
special regulatory fee amounting to .6161 percent (.006161) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2003 calendar year.
IT IS FURTHER ORDERED that if the fee thus detennined shall be less than fifty
dollars ($50), then such railroad corporation shall pay to the Commission the minimum of fifty
dollars ($50) as prescribed by law. See Idaho Code 9 61-1004(3).
IT IS FURTHER ORDERED that at least one-half of such regulatory fee shall be
paid to the Commission on or before May 15 , 2004, and the remaining one-half shall be paid on
or before November 15 , 2004. Railroad corporations may pay their entire annual regulatory fee
no later than May 15 , 2004.
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 9 61-1007 no later
than May 15 , 2004.
ORDER NO. 29468
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /3-f1'o
day of April 2004.
~'H~4L
ARSHA H. SMITH, COMMIS"SIONER
ATTEST:
~/t'Commission Secretary
bls/O:F2004-2 dh
ORDER NO. 29468