20230417Final Order No 35744.pdf

ORDER NO. 35744 1

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE ASSESSMENT ) CASE NO. F-2023-2
OF RAILROAD CORPORATIONS FOR THE )
SPECIAL REGULATORY FEES PAYABLE )
TO THE COMMISSION FOR FISCAL YEAR ) ORDER NO. 35744
2024 )

In March and April 2023, the Idaho Legislature passed, and the Governor signed HB 322
and SB 1200 appropriating a total of $7,183,600 to the Commission for Fiscal Year 2024 (July 1,
2023 to June 30, 2024). The total appropriation includes $6,593,600 from fees assessed on public
utilities and railroads; $370,700 for federal grants; and $219,300 for indirect funds. This Order
assesses the railroads their share of the total appropriation.
For FY 2022, there was a one-time carry-over balance of $37,300 for railroads. The
calculated assessment is $173,808 for FY 2024 railroad operations.
The reported gross operating revenues from railroad operations in Idaho is $20,464,087 for
calendar year 2022. This figure represents a decrease of approximately $4.25 million (17.22%)
from the prior year. Accordingly, the proportionate share for each railroad’s fee is to be assessed
at 0.8493%. 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 $173,808 for supervising and regulating railroads subject to our jurisdiction.
The total reported Idaho gross operating revenues derived from all intrastate railroad
business for the 2022 calendar year is $20,464,087.
The proportionate assessment for each railroad corporation is 0.8493% of its Idaho gross
operating revenue derived from intrastate railroad business for the 2022 calendar year. In no case
shall the calculated regulatory fee be less than $50.00 per railroad.
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 2024 fiscal year
Office of the Secretary
Service Date
April 17, 2023
ORDER NO. 35744 2

amounting to 0.8493% of such railroad’s gross operating revenue derived from intrastate railroad
business in Idaho during the 2022 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, 2023, and any remaining balance shall be paid on or before
November 15, 2023.
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 6.0% 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 by May 15, 2023. Idaho Code § 61-1007.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day of
April 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR, COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:
_____________________________
Jan Noriyuki
Commission Secretary

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