20120423Final_Order_No_32522.pdf

Office of the Secretary
Service Date
April 23, 2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE ASSESSMENT )
OF RAILROAD CORPORATIONS FOR THE ) CASE NO. F-2012-2
SPECIAL REGULATORY FEES PAYABLE )
TO THE COMMISSION FOR FISCAL YEAR ) ORDER NO. 32522
2013 )
In April 2012, the Idaho Legislature passed and the Governor signed Senate Bill 674
appropriating a total of $5,255,900 to the Commission for operations during fiscal year 2013
(July 1, 2012 to June 30, 2013). This appropriation represents $127,000 for railroad activities;
$4,789,800 for public utility activities; $118,700 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: $127,000.
The railroads have an adjusted carry-over balance of $10,629. Thus, the Commission is
authorized to assess $116,371 for FY 2013 railroad operations.
The reported gross intrastate revenues from railroad operations in Idaho totaled
$13,920,986 for calendar year 2011. This is an increase of about $2.26 million (19.43%) from
last year's reported revenues. Accordingly, the proportionate share of each railroad's fee is to be
assessed at .8359 percent (.008359). 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 $116,371 for supervising and regulating the railroads subject to our
jurisdiction.
The total reported Idaho gross intrastate revenues for all railroads for the 2011
calendar year amounts to $13,920,986.
The proportionate assessment for each railroad corporation is .8359 percent
(.008359) of its Idaho gross operating revenue derived from intrastate railroad corporation
business for the 2011 calendar year. In no case shall the assessment be less than $50.
ORDER NO. 32522 1
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 2013 fiscal year a
special regulatory fee amounting to .8359 percent (.008359) of such railroad's gross operating
revenues derived from its intrastate business in Idaho for the 2011 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, 2012, and the remaining one-half shall be paid on
or before November 15, 2012. Railroad corporations may pay their entire annual regulatory fee
no later than May 15, 2012.
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, 2012.
ORDER NO. 32522 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3
day of April 2012.
WM&AEW,'L~-'tV-W,ER, PRESIDENT
MACK A. RED9E, COMMISSIONER
OkL/
MARSHA H. SMITH, COMMISSIONER
ATTEST:
lle"n - di6eif
Jeo D. Jewell
Commission Secretary
bls/O:F-201 2-2jdh
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