20070424final_order_no_30304.pdf

Office of the Secretary
Service Date
April 24, 2007
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. 30304
CASE NO. F -2007-
During the 2007 session, our Legislature passed and the Governor signed House Bill
236 and Senate Bill 1189 appropriating a total of $4 944,400 to the Idaho Public Utilities
Commission for fiscal year 2008 (July 1 , 2007 to June 30, 2008). This appropriation represents
$142 000 for railroad activities, $4 738 700 for public utility activities, and $63 700 for pipeline
safety activities reimbursable by the federal government.
This Order assesses the railroads their share of the total appropriation: $142 000.
The railroads have an adjusted carry-over balance from FY 2006 of $8 737 and a one-time fund
adjustment of $26 000. Idaho Code ~ 61-1008(3). Thus, the Commission is authorized to
expend $107 263 for FY 2008 railroad operations.
The reported gross intrastate revenues from railroad operations in Idaho totaled
$14 071 803 for calendar year 2006. This is a decrease of $942,407 (6.28%) from last year
reported revenues. Accordingly, the proportionate share of each railroad's fee is to be assessed
at .7623 percent (.007623) 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 $107 263 in supervising and regulating the railroads subject to our
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2006
calendar year amounts to $14 071 803.
The proportionate assessment for railroad corporations is .7623 percent (.007623) of
Idaho gross operating revenue derived from intrastate railroad corporation business for the 2006
calendar year. In no case shall the assessment be less than $50.
ORDER NO. 30304
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 2008 fiscal year a
special regulatory fee amounting to .7623 percent (.007623) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2006 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 15 2007, and the remaining one-half shall be paid on
or before November 15 2007. Railroad corporations may pay their entire annual regulatory fee
no later than May 15 2007.
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 15 2007.
ORDER NO. 30304
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Iq~
day of April 2007.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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CMnmission Secretary
bls/O:F-2007-2 dh
ORDER NO. 30304