20100423Final_Order_No_31047.pdf

Office of the Secretary
Service Date
Apri123 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT
OF RAILROAD CORPORATIONS FOR THE
SPECIAL REGULATORY FEES PAYABLE
TO THE COMMISSION FOR FISCAL YEAR
2011
ORDER NO. 31047
CASE NO. F-2010-
In April 2010, the Idaho Legislature passed Senate Bill 1388 appropriating a total of
142 600 to the Commission for operations during fiscal year 2011 (July 1 , 2010 to June 30
2011). This appropriation represents $141 500 for railroad activities; $4 679 200 for public
utility activities; $101 700 for pipeline safety activities reimbursable by the federal government;
and $220 200 for American Reinvestment & Recovery Act activities reimbursed by the federal
government.
This Order assesses the railroads their share of the total appropriation: $141 500.
The railroads have a one-time fund adjustment of $6 700. Idaho Code g 61-1008(3). Thus, the
Commission is authorized to assess $134 800 for FY 2011 railroad operations.
The reported gross intrastate revenues from railroad operations in Idaho totaled
$13 774 835 for calendar year 2009. This is an decrease of about $3.4 million (19.8%) from last
year s reported revenues. Accordingly, the proportionate share of each railroad's fee is to be
assessed at .9786 percent (.009786). In no case shall the assessed regulatory fee be less than
$50. Idaho Code g 61-1004(3).
FINDINGS OF FACT
In accordance with Idaho Code gg 61-1001 through 61-1008, the Commission is
authorized to assess $134 800 for supervising and regulating the railroads subject to our
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2009
calendar year amounts to $13 774 835.
The proportionate assessment for each railroad corporation is .9786 percent
009786) of its Idaho gross operating revenue derived from intrastate railroad corporation
business for the 2009 calendar year. In no case shall the assessment be less than $50.
ORDER NO. 31047
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 t~e 20 II fiscal year
special regulatory fee amounting to .9786 percent (.009786) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2009 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 g 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 17, 20 I 0, and the remaining one-half shall be paid on
or before November 15 , 2010. Railroad corporations may pay their entire annual regulatory fee
no later than May 17, 20 I O.
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 g 61-1007 no later
than May 17 2010.
ORDER NO. 31047
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this II, f+'
day of April 2010.
. KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
~.\.,
ATTEST:
LJ . ~ffJe D. Jewell
Commission Secretary
bls/O:F-2010-2 dh
ORDER NO. 31047