20090507Final_Order_No_30779.pdf

Office of the Secretary
Service Date
May 7 2009
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
2010
ORDER NO. 30779
CASE NO. F -2009-
In the 2009 session, the Idaho Legislature passed Senate Bill 1229 appropriating a
total of $4 962 200 to the Commission for operations during fiscal year 2010 (July 1 , 2009 to
June 30, 2010).1 This appropriation represents $151 400 for railroad activities, $4 741 600 for
public utility activities, and $69 200 for pipeline safety activities reimbursable by the federal
government.
This Order assesses the railroads their share of the total appropriation: $151 400.
The railroads have a one-time fund adjustment of $12 000 from the cash reserve and an
overfunding true-up of ($4 645) from 2008 expenditures. Idaho Code 9 61-1008(3). Thus, the
Commission is authorized to assess $134 755 for FY 2010 railroad operations.
The reported gross intrastate revenues from railroad operations in Idaho totaled
$17 180 779 for calendar year 2008. This is an increase of $2 508 231 (17.09%) from last year
reported revenues. Accordingly, the proportionate share of each railroad's fee is to be assessed
at .7843 percent (.007843), a decrease from last year s assessment of .8043 percent. 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 assess $134 755 for supervising and regulating the railroads subject to our
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2008
calendar year amounts to $17 180 779.
1 The Legislature has also passed and the Governor has signed Senate Bill 1227. Senate Bill 1227 increases the
Commission s appropriation by $71 200. SB 1227 9 17(41). The assessment calculated in this Order is based upon
the appropriation amount contained in Senate Bill 1229.
ORDER NO. 30779
The proportionate assessment for each railroad corporation is .7843 percent
007843) of its Idaho gross operating revenue derived from intrastate railroad corporation
business for the 2008 calendar year. In no case shall the assessment be less than $50.
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 2010 fiscal year a
special regulatory fee amounting to .7843 percent (.007843) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2008 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 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, 2009, and the remaining one-half shall be paid on
or before November 16 2009. Railroad corporations may pay their entire annual regulatory fee
no later than May 15 2009.
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 2009.
ORDER NO. 30779
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1f'1o
day of May 2009.
~! ~LJI D. KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
fl2l\le : D. JewellCo ission Secretary
bls/O:F-2009-2 dh
ORDER NO. 30779