20210416Final Order No 35005.pdf

ORDER NO. 35005 1

Office of the Secretary
Service Date
April 16, 2021
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
2022
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CASE NO. F-2021-2

ORDER NO. 35005

In March 2021, the Idaho Legislature passed, and the Governor signed Senate Bill 1141
appropriating a total of $6,709,600 to the Commission for operations during Fiscal Year (FY) 2022
(July 1, 2021 to June 30, 2022). This appropriation represents $5,943,700 for public utilities
activities, $204,800 for railroad activities, $341,800 for federal grants, and $219,300 for indirect
funds. This Order assesses the railroads their share of the total appropriation.
For FY 2020, there was a carry-over balance (reverted appropriation) for railroads of
$51,200. After incorporating the carry-over, the calculated assessment is $153,600 ($204,800-
$51,200) for FY 2022 railroad operations.
The reported gross operating revenues from railroad operations in Idaho is $23.95
million for calendar year 2020. This represents a reported revenue increase of approximately $4.5
million (23.34%) from the prior year. The proportionate share for each railroad’s regulatory fee
is to be assessed at 0.6413%. In no case shall the proportionate share of each railroad’s assessed
regulatory fee be less than $50. Idaho Code §§ 61-1004(4) and 62-611.
FINDINGS OF FACT
In accordance with Idaho Code §§ 61-1001 through 61-1008 and 62-611, the
Commission is authorized to assess $153,600 for supervising and regulating railroads subject to
our jurisdiction.
The total reported Idaho gross operating revenues derived from all intrastate railroad
business for the 2020 calendar year is $23.95 million.
The proportionate assessment for each railroad corporation is 0.6413% of its Idaho
gross operating revenue derived from intrastate railroad business for the 2020 calendar year. In
no case shall the calculated regulatory fee be less than $50.00 per railroad.

ORDER NO. 35005 2

ORDER
IT IS THEREFORE 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 a special regulatory fee for the
2022 fiscal year amounting to 0.6413% of such railroad’s gross operating revenue derived from
intrastate railroad business in Idaho for the 2020 calendar year.
IT IS FURTHER ORDERED that if the fee thus determined shall be less than $50, then
such railroad shall pay to the Commission the minimum of $50 as prescribed by law. Idaho Code
§§ 61-1004(4) and 62-611.
IT IS FURTHER ORDERED that at least one-half of such regulatory fee shall be paid
to the Commission on or before May 15, 2021, and any remaining balance shall be paid on or
before November 15, 2021.
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 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. Idaho Code § 61-
1005.
THIS IS A FINAL ORDER. Any railroad objecting to the assessment prescribed in this
Order must file a written objection with the Commission no later than May 15, 2021. Idaho Code
§ 61-1007.
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ORDER NO. 35005 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day
of April 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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