20220414Final Order No 35371.pdf

ORDER NO. 35371 1

Office of the Secretary
Service Date
April 14, 2022

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE ASSESSMENT ) CASE NO. F-2022-2
OF RAILROAD CORPORATIONS FOR THE )
SPECIAL REGULATORY FEES PAYABLE )
TO THE COMMISSION FOR FISCAL YEAR ) ORDER NO. 35371
2023. )

In March 2022, the Idaho Legislature passed, and the Governor signed SB 1393 and
SB 1417 appropriating a total of $6,996,200 to the Commission for Fiscal Year 2023 (July 1, 2022
to June 30, 2023). The total appropriation includes $6,418,000 from fees assessed on public
utilities and railroads; $358,400 for federal grants; and $219,300 for indirect funds. This Order
assesses the railroads their share of the total appropriation.
For FY 2021, there was a one-time carry-over balance of $49,100 for railroads. The
calculated assessment is $162,085 for FY 2023 railroad operations.
The reported gross operating revenues from railroad operations in Idaho is $24,722,300
for calendar year 2021. This is an increase of approximately $769,000 (3.2%) from the prior year.
Accordingly, the proportionate share for each railroad’s fee is to be assessed at 0.6556%. In no
case shall the proportionate share of each railroad’s assessed regulatory fee be less than $50.00.
Idaho Code § 61-1004(4).
FINDINGS OF FACT
Pursuant to Idaho Code §§ 61-1001 et seq. and Idaho Code 62-611, the Commission is
authorized to assess $162,085 for supervising and regulating railroads subject to our jurisdiction.
The total reported Idaho gross operating revenues derived from all intrastate railroad
business for the 2021 calendar year is $24,722,300.
The proportionate assessment for each railroad corporation is 0.6556% of its Idaho
gross operating revenue derived from intrastate railroad business for the 2021 calendar year. In no
case shall the calculated regulatory fee be less than $50.00 per railroad.

ORDER NO. 35371 2

ORDER
IT IS HEREBY 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 Commission a special regulatory fee for the 2023 fiscal year
amounting to 0.6556% of such railroad’s gross operating revenue derived from intrastate railroad
business in Idaho during the 2021 calendar year.
IT IS FURTHER ORDERED that if the fee thus determined shall be less than $50.00,
then such railroad corporation shall pay to the Commission the minimum of $50.00 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, 2022, and any remaining balance shall be paid on or
before November 15, 2022.
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 utility objecting to the assessment prescribed in this
Order must file a written objection with the Commission no later than May 15, 2022. Idaho Code
§ 61-1007.
///

ORDER NO. 35371 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
14th day of April 2022.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN CHATBURN, COMMISSIONER

__________________________________________
JOHN R. HAMMOND JR, COMMISSIONER

ATTEST:
_____________________________
Jan Noriyuki
Commission Secretary

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