F20052 Order No 29757.pdf

Office of the Secretary
Service Date
April 20, 2005
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. 29757
CASE NO. F -2005-
During the 2005 session, our Legislature passed and the Governor signed House Bill
Nos. 3951 and 396 and Senate Bill Nos. 1182 and 1230 appropriating a total of $4 736 000 to the
Idaho Public Utilities Commission for fiscal year 2006 (July 1 , 2005 to June 30, 2006). This
appropriation represents $127 200 for railroad activities, $4 538 900 for public utility activities
and $69 900 for pipeline safety activities reimbursable by the federal government.
This Order assesses the railroads their share of the total appropriation: $127 200.
Idaho Code ~ 61-1008(3). The reported gross intrastate revenues from railroad operations in
Idaho totaled $18 912 097 for calendar year 2004. This is a decrease of approximately $1.884
million (9.%) from last year s reported revenues. Accordingly, the proportionate share of each
railroad's fee is to be assessed at .6726 percent (.006726) 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 61-1008, the Commission is
authorized to expend $127 200 in supervising and regulating the railroads subject to its
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2004
calendar year amounts to $18 912 097.
The proportionate assessment for railroad corporations is .6726 percent (.006726) of
Idaho gross operating revenue derived from intrastate railroad corporation business for the 2004
calendar year. In no case shall the assessment be less than $50.
House Bill 395 authorizes a one-time salary increase to state employees contingent upon sufficient funds as of June
, 2005. The Commission share is $24 600. Because the Commission s annual regulatory fee is only assessed
once a year we have included the proportionate amount in this Order. If the contingency is not met, the
Commission will not expend this amount and it shall be carried over to FY 2007 per Idaho Code ~ 61-1008(3).
ORDER NO. 29757
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 2006 fiscal year a
special regulatory fee amounting to .6726 percent (.006726) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2004 calendar year.
IT IS FURTHER ORDERED that if the fee thus determined 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 ~ 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 16, 2005, and the remaining one-half shall be paid on
or before November 15 , 2005. Railroad corporations may pay their entire annual regulatory fee
no later than May 16, 2005.
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 no later
than May 16 2005.
ORDER NO. 29757
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this d-O i+-
day of April 2005.
ATTEST:
~tO
D. Jewell
ission Secretary
bls/O:F2005-2 dh /
ORDER NO. 29757
MARSHA H. SMITH, COMMISSIONER