20080425Final_Order_No_30538.pdf

Office of the Secretary
Service Date
April 25, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT
OF RAILROAD CORPORATIONS FOR THE
SPECIAL REGULA TORY FEES PAYABLE
TO THE COMMISSION FOR FISCAL YEAR
2009
ORDER NO. 30538
CASE NO. F-2008-
During the 2008 session, our Legislature passed and the Governor signed Senate
Bills 1439 and 1487 appropriating a total of $5 261 300 to the Commission for operations during
fiscal year 2009 (July 1 , 2008 to June 30, 2009). This appropriation represents $136 000 for
railroad activities, $5 053 400 for public utility activities, and $71 900 for pipeline safety
activities reimbursable by the federal government.
This Order assesses the railroads their share of the total appropriation: $136 000.
The railroads have an adjusted carry-over balance of $32 000 from FY 2007 expenditures and an
underfunded true-up of ($14 011). Idaho Code ~ 61-1008(3).
authorized to assess $118 011 for FY 2009 railroad operations.
Thus, the Commission is
The reported gross intrastate revenues from railroad operations in Idaho totaled
$14 672 548 for calendar year 2007. This is an increase of $600 745 (4.27%) from last year
reported revenues. Accordingly, the proportionate share of each railroad's fee is to be assessed
at .8043 percent (.008043) 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 assess $118 011 for supervising and regulating the railroads subject to our
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2007
calendar year amounts to $14 672 548.
The proportionate assessment for each railroad corporation is .8043 percent
008043) of Idaho gross operating revenue derived from intrastate railroad corporation business
for the 2007 calendar year. In no case shall the assessment be less than $50.
ORDER NO. 30538
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 2009 fiscal year a
special regulatory fee amounting to .8043 percent (.008043) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2007 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 , 2008, and the remaining one-half shall be paid on
or before November 14, 2008. Railroad corporations may pay their entire annual regulatory fee
no later than May 15, 2008.
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 2008.
ORDER NO. 30538
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this ,;7..3
rtI.
day of April 2008.
~~.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
bls/O:F-2008-2 dh
ORDER NO. 30538