20110422Final_Order_No_32226.pdf

Office of the Secretary
Service Date
April 22.2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT )
OF RAILROAD CORPORATIONS FOR THE )CASE NO.F-2011-2
SPECIAL REGULATORY FEES PAYABLE )
TO THE COMMISSION FOR FISCAL YEAR )ORDER NO.32226
2012 )
In April 2011,the Idaho Legislature passed Senate Bill 1140 appropriating a total of
$5.090,500 to the Commission for operations during fiscal year 2012 (July 1.2011 to June 30.
2012).This appropriation represents $116,500 for railroad activities;$4651.700 for public
utility activities;$101,900 for pipeline safety activities reimbursable by the federal government;
and $220,400 for American Reinvestment &Recovery Act activities reimbursed by the federal
government.
This Order assesses the railroads their share of the total appropriation:$116,500.
Thus,the Commission is authorized to assess $1 16.500 for FY 2012 railroad operations.
The reported gross intrastate revenues from railroad operations in Idaho totaled
$11,656,622 for calendar year 2010.This is a decrease of about $2.1 million (15.38%)from last
year’s reported revenues.Accordingly,the proportionate share of each railroad’s fee is to be
assessed at .9994 percent (.009994).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 $1 16,500 for supervising and regulating the railroads subject to our
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2010
calendar year amounts to $1 1,656,622.
The proportionate assessment for each railroad corporation is .9994 percent
(.009994)of its Idaho gross operating revenue derived from intrastate railroad corporation
business for the 2010 calendar year.In no case shall the assessment be less than $50.
ORDER NO.32226 1
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 2012 fiscal year a
special regulatory fee amounting to .9994 percent (.009994)of such railroad’s gross operating
revenues derived from its intrastate business in Idaho for the 2010 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 §6 1-1004(3).
IT IS FURTHER ORDERED that at least one-half of such regulatory fee shall be
paid to the Commission on or before May 16,2011,and the remaining one-half shall be paid on
or before November 15,2011.Railroad corporations may pay their entire annual regulatory fee
no laterthan May 16,2011.
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 16,2011.
ORDER NO.32226 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 7
day of April 2011.
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PAUL K.JELLANDR,PRESIDENT
MACK A.REDFORIXThS4MISSIONER
ATTEST:
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Jen D Jewell
Commission Secretary
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MARSHA H.SMITH,COMMISSIONER
ORDER NO.32226