HomeMy WebLinkAbout20150723Show Cause Hearing Transcript Volume I.pdfORICINAL
BEEORE THE IDAHO PUBLIC UTILITIES COMMTSSION
IN THE MATTER OE WASHINGTON &
rDAHO RATLWAY SPECIAL REGULATORY
FEE PURSUANT TO IDAHO CODE 61_1001
THROUGH 61-]-005
Case No.
wAr-R-15-01
HEARING BEFORE
COMMISSIONER PAUL KJELLANDER
COMMTSSIONER KRISTINE
( Presiding)
RAPER
PLACE:Commission Hearlng Room
472 West Itiashington StreetBoise, Idaho
July 21, 2OL5
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VOLUME
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-flEsu POST OFFICE BOX 578
BOISE, IDAHO 83701
20&336-9208---L
HEIIRICK
COURT REPOBTING
,9wly t{o fi/ aaw,arty shoo f76
APPEARANCES
For the Staff:BRANDON KARPEN, Esq.
Deputy Attorney General-
472 West Washington
Boise, Idaho 83702
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD 83701
APPEARANCES
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WITNESS EXAMTNATION BY PAGE
Maria Barratt-Ri1ey
( Staff )
Mr. Karpen (Direct)
Commiss j-oner Kj ellander
Commissioner Raper
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EXHIBITS
NUMBER PAGE
Eor Staff:
7 /9/1,5 Letter, Barratt-Riley
Washington & Idaho Railway,
to2 pgs
4 pgs
Premarked
Admitted
Premarked
Admitted
7 /2U 15 Assessment Invoice,
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HEDRICK COURT REPORTTNG
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HEDRICK COURT REPORT]NG
P. O. BOX 5'18, BOTSE, rD
BOISE, IDAHO, TUESDAY, .IULY 2L, 20L5, 9229 A.M.
COMMTSSIONER KJELLANDER: Wel-I, good morning.
This is the time and place for a show cause hearing in Case No.
WAI-R-15-01, in the matter of Washington e Idaho Railway's
special regulatory fee pursuant to fdaho Code 61-1001 through
61-1005. As was mentioned, this is the time and place for a
show cause hearing. In the course of today, what we are
seeking is to try to understand the four points that were
outlined in the initial- order calling for this particular
hearing.
First item is to see if the rail- to determi-ne
whether the order should be i-ssued for the Rai-l-road to
immediately pay the current entj-re outstandj-ng annual fees j-n
the amount of $1,968.57.
The second item: Order the Rail-road to
immediately file its statutorily-required annual- verified
returns for 2013 and 2015.
The third item: To direct the Commission's
attorney to seek the imposition of civil- penalties pursuant to
Idaho Code 6L-106 of $2,000 for each and every offense,
totaling $12,000.
And Item No. 4: To direct the Commission's
attorney to initiate an actj-on in district court to enforce the
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
determinati-on of the Commission consi-stent with Idaho Code
6L-7 05, 6L-7 06, and 61-l-005.
My name is PauI Kjel-Iander,' I'l-l- be the Chair of
today's proceeding. To my l-eft is Commissioner Kristine Raper.
And we comprise the Commission and wil-l- ultimately determine
the outcome of this proceeding.
It is unusual for us not to actually have the
Utility in question with us in the hearing room/ most notably
with a show cause scenarj-o like this, and sj-nce thj-s is an
uncommon situation for us, what we'l-l- first do is begin with
the appearance of the only party present, and that would be the
Deputy Attorney General representing the Staff of the Idaho
Public Utilities Commi-ssion.
MR. KARPEN: Thank you. And may it please the
Commission, I'm Brandon Karpen. I represent the Staff of the
Idaho Public Utilities Commission.
And just as a preliminary matter as we'l-l- develop
l-ater as it goes oDr the second item that you mentioned as far
as any -- as far as what needs to be shown in this hearing has,
subsequent to the filing of the show cause order, been
obviated. The Utility -- or, the Rail-road has fil-ed its
required annual- returns for 20L3 and 2015.
COMMISSIONER KJELLANDER: Okay. Great. Wel-l-, ds
far as proceeding forward with you being the only party
present, I know that we have with us Maria Barratt, whom has
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
BARRATT-RTLEY (Di)
Staff
been Staff di-rectly j-nvol-ved with trying to resol-ve some of the
issues associated with the assessment and other related issues.
Would it be your desire to cal-l- her to the witness stand and we
can proceed from there?
MR. KARPEN: Yes.
COMMISSIONER KJELLANDER: Okay. Would you please
do so.
MR. KARPEN: Please take the stand.
MARIA BARRATT-RILEY,
produced as a witness at the instance of the Staff, being first
duly sworn, was examined and testified as foll-ows:
DIRECT EXAMINATION
BY MR. KARPEN:
O. Thank you, Ms. Barratt-Ri1ey. Can you please
state your name for the record?
A. My name is Maria Barratt-Ri1ey, M-A-R-I-A
B-A-R-R-A-T-T, hyphen, RILEY.
O. And can you please tel-l- the Commission a l-ittIe
bit about what you do here, what your job title is and what it
entail-s ?
A. Certainly. My position here is the deputy
administrator. I oversee the fiscal functions of the office,
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
BARRATT-R]LEY (Di)
Staff
which includes setting the annual assessment for all of the
util-ities and railroads, and al-so subsequent foll-ow-up with
col-lections for those payments.
O. Are you famil-iar with the facts of this case that
we're here for now, the Washington & Idaho Rail_road case?
A. Yes.
O. Did you file in this matter an affidavit dated
.June 2sLh?
A. Yes.
0. Are all- of the facts that you filed in that
affidavlt still- correct?
A. Yes, with the updates that you've mentioned since
we've had subsequent conversations with the Rail-roads.
O. Okay. Letrs actually go over some of those
subsequent conversations. Can you teII me, I guess start from
when the order to show cause was filed?
A. On July 8th, we were actual-ly able to speak with
Brandon Stull-er at Washington Rail. Yoursel-f and Tamara
Humiston one of my Staff members and I called their
office. We were abl-e to speak with Brandon and explain that we
had a show cause hearing. And the phone call was origlnated
with them actually receiving the order.
At that time, Mr. Stull-er indicated he woul-d fax
us revenues.
O. No, going back a littl-e bit, did Mr. Stull-er
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HEDRICK COURT REPORTING
P. O. BOX 518, BOTSE, rD
BARRATT-RTLEY (Di)
Staff
represent who he was with the company or just kind of contact?
A. He was our financial contact.
O. Okay.
A. He had j_ndicated that the prior contact,
Ms. Donna Patterson, was no longer with the Company, and that
he was trying to pick up where she left off.
O. Okay. And did you indicate to him items that we
needed from them?
A. Yes. In that phone conversation, it was outl_ined
specifically we needed hls certified revenue figures for the
years that were missing, and once we recej-ved those we would
then calculate a new assessment amount for the years that were
not paid and we would send that information to him.
O. Did he send you that information?
A. He sent us revenue figures for three years. They
were not certified, they were not on proper forms, and there
was variance in one of the years from what we had received
prior.
O. Did you make subsequent contact with Mr. Stul-l-er?
A. We attempted to -- we attempted to, y€s. As soon
as we received the figures, the next duy, on July 9th, Tamj-
Humiston again, my Staff member sent over an e-mai1 with
all of the appropriate forms that needed to be fil-l-ed out and
explalned that we needed the revenue figures to be certified in
order to take them for assessment purposes, and we also pointed
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HEDRICK COURT REPORT]NG
P. O. BOX 578, BOTSE, fD
BARRATT-RILEY (Di)
Staff
out the di-fference in the one year that he had sent versus what
we had al-ready received from Ms. Donna Patterson in prior
years.
O. And did he say he was goj-ng to file anything or
return any certified copies?
A. There was no response from them.
We then, from the 13th until actually l-ast night,
we had periodically tried to make phone attempts and e-mail
attempts to contact them, and we had no response.
O. And what happened last night?
A. Last night, at the end of the duy, you and again
Tamara Humiston and myself tried to cal-l- Brandon Stu11er, and
we actually got him on the phone and we explained the
situation.
Mr. Stuller said that he had given the forms that
we had sent over to his boss, a Mr. Dan DeGon, and that he had
indicated he woul-d take care of it.
And at that point, you mentioned that there was a
show cause hearing this morning, and Mr. Stul-Ier indicated he
had no cfue and that his boss was supposed to be takj-ng care of
all of this.
O. Did you have an opportunity to speak with
Mr. DeGon at all?
A. About ten mj-nutes later, Mr. DeGon ca11ed us, and
he also indicated he had no clue there was a show cause hearing
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HEDRICK COURT
P. O. BOX 578,
REPORTING
BOISE, ID
BARRATT-RILEY (Di)
Staff
and that he woul-d not be here today. He indicated that he just
had not had a chance to get to our stuff yet, and that he would
fill out the forms, 9et the numbers certified. The year that
was in question that was different, he woul-d go with our number
whj-ch was already assessed and done.
And about 4:53 I think is the time stamp on the
e-mailr w€ actually received those certified copies l-ast night.
MR. KARPEN: Okay. At this time, I am going to
hand the witness exhibits or r exhibit marked No. 2, j-t's a
two page exhibit= 2-I and 2-2. I've also got copies for the
Commissioners and the court reporter.
O. BY MR. KARPEN: Do you recognize those
documents ?
A. Yes. These are our annual gross operating
revenue forms that we send out to al-l- our utility and rails.
0. And those have been fuI1y executed. Correct?
A. Yes. Yes.
a. And it looks like they were executed yesterday by
Mr. DeGon?
A. Yes.
a. Does this satisfy everything we need from them as
far as our ability to make a ful1 assessment, as wel-1 as any
missing operating revenue statements from the Railroad?
A. Yes.
O. So subsequent to them filing this these
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HEDRICK COURT REPORTINGP. O. BOX 578, BOTSE, rD
BARRATT-RTLEY (Di)
Staff
certi-fied statements with you, were you able to recalculate and
come up with an actual total that they owed --
A. Yes.
O. at this point?
A. Ms. Humiston was able to run new invoices this
morning and r believe she provided you copies, wj-th one summary
statement that indi-cates a new total that is now owed to the
Commissi-on.
O. Yes.
MR. KARPEN: And at this poj-nt, I move for the
admj-ssion of Exhibit 2. It's not been previously provided to
the Commission.
COMMISSIONER KTTELLANDER: Letrs see. What I have
in front of me right now is Exhibit 2-2 and 2-1.
MR. KARPEN: Yes, itrs a two-page exhibit. 2-L
is the 20L3 assessment and 2-2 is the 201-5 assessment.
COMMISSIONER K.IELLANDER: Okay. Thank you.
(Staff Exhibit No. 2, having been
premarked for identification, was admitted into evidence. )
COMMISSIONER RAPER: Do you have an additional-
one?
MR. KARPEN: I do have an additional exhibit, but
I wanted to have 2 admitted before 3.
So I ' 11 hand the witness what's marked now as
Exhibit No. 3, and it's a four-page exhibit.
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
BARRATT-RTLEY (Di)
Staff
COMMISSIONER RAPER: Oh, so this is Exhibit 2,
page 1 and 2.
MR. KARPEN: Two-page, yesr Irm sorry.
COMMISSIONER RAPER: Okay. Itrs not two separate
exhibits.
MR. KARPEN: No. f'm sorry, I apologize. And
this is marked the same: 3-1 and 3-2.
COMMISSIONER KJELLANDER: Okay, so itrs
Exhibit 3, following Exhibit 2, and you will move shortly to
have that admitted as wel1.
MR. KARPEN: Yes.
COMMISSIONER KJELLANDER: Great.
O. BY MR. KARPEN: And, Ms. Barratt-Ri1ey, do you
recognj-ze these documents?
A. Yes. These are our new statements and invoices
for lr]ashington Idaho Rail based on the revised information that
we received last night on their revenues.
O. Okay. So on page on the one marked 3-1
A. Yes.
A. the highlighted portion, can you read that?
A. 20L3 railroad assessment, .6154. That
O. So this is the 20L3 assessment?
A. Yes.
O. And then on page 3-2?
A. That is the 20L5 rail-road assessment.
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HEDRICK COURT REPORTING
P. O. BOX 5'7I , BOTSE, rD
BARRATT_RILEY (Di)
Staff
These two pages were the missing revenues, so we
weren't able to assess these prior.
O. Okay. And then on -- what's on page 3?
A. 3-3 is the interest that is assessed. Idaho Code
all-ows for us to charge six percent annual interest on any
assessments that are not paid.
O. Okay. And then, fina1Iy, on 3-4?
A. 3-4 is an overa1l statement of their account,
indicatl-ng al-l- of the assessment charges, the revised
assessment charges, and also lists any of the interest that has
been assessed.
a. And it says that date due is 1/21/2015. That's
today. Is this current today, as this was created today?
A. This was ran as of ten mj-nutes before the heari-ng
to ensure that it was accurate and current based on us
receiving the revenue last night at five o'cl-ock.
a. Okay. So the amount due at the bottom?
A. $3, 619.58.
O. That is what they owe right now?
A. Correct.
MR. KARPEN: So at this time, I would l-ike to
move for the admission of Exhibit No. 3, the four-page exhibit.
HEARING OEFICER: And si-nce there's no one here
to object, w€ wil-l- admit it.
(Staff Exhibit No. 3, having been.
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HEDRICK COURT
P. O. BOX 578,
REPORTING
BOTSE, rD 83701
BARRATT-RILEY (Com)
Staff
premarked for identification, was admitted j-nto evi-dence.)
MR. KARPEN: Okay. So, dt this time, the
Commission Staff rests its case r or through with this witness.
COMMISSIONER KJELLANDER: So you will tender this
witness for any questions
MR. KARPEN: Any questioning from the Commj-ssion.
Thank you very much.
COMMISSIONER KJELLANDER: Okay.
EXAMINATION
BY COMMISSIONER KJELLANDER:
O. Wel-l- I guess, given the fact that it appears that
we're finally getting what we needed, where do we actually si-t
with regards to trying to get the Company to recognize it needs
to cut these checks and deal- with this assessment? Do we feel
confident that we're closing in on some type of concfusion with
regards to their ability to not only recognize that they owe
this, but that they need to get it paid; and what's the
deadline for getting this paid?
A. Mr. Chairman, Mr. DeGon, j-n l-ast night's phone
conversation, expressed that his desire to work with us. He
explained that he was the new general manager of operations and
was trying to clean up a mess from a prior employee. So it
would appear on face vafue that they are interested in not
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HEDRICK COURT
P. O. BOX 578,
REPORT]NG
BOlSE, ID
BARRATT-RILEY (COM)
Staff
going any further. I know that they are having other issues
with other agencies.
We've not given them a deadl-ine at this point to
cut a check. Our end conversation with him was, If you can
send us the revenuesr we can get the new biJ-ling statements and
we can send them to you.
And he had expressed that he would not be here
today. So depending on where this goesr w€ will turn around
and send this statement to Washington & Idaho Rail-, and
hopefully they wil-l- cut us a check.
a. Okay. And that brings us current then to this
year's assessment. Let's just backtrack just for second. I
mean, how small- is this railroad? It sounds like it's been
somewhat dysfunctional- from a management perspective. As I
look at the figures here for their gross intrastate revenue,
it's not enormous. Looks l-ike we're lookj-ng at a pretty small-
company. And it sounds l-ike they have gone through somewhat of
a management shift over the last couple of years.
Is that what you've seen? fs it a relatively
sma1l, for l-ack of a better phrase, mom-and-pop operation?
A. Mr. Chaj-rman, they have -- Mr. DeGon expressed
that they have one cl-ient in Idaho that they do, and the rest
of their work j-s over in Washington. So their figures are
smal-I for Idaho. And they have been problematic for the past
several years.
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
BARRATT-R]LEY (COM)
Staff
It was encouraging that we got their attention.
It was a l-ittIe discouraging that they didnrt read the order
that there was a show cause hearing to take it serious to be
here. However, they do seem to be genuine in their desire to
get this cleaned up and not have any further action against
them.
O. And just as a point of reference, we deal with a
lot of smal-l- water companles that, quite honestly, forget to
understand or even open their mail- at times to know, regardless
of who it comes from, what thej-r obligations are, and
unfortunately what that means for Staff is that we have to do a
l-ittl-e bit more hand holding to assist them through the
process.
Assuming that we can get this put together, it
probably will- require some additional hand holding with a
company like this. And also it sounds like if they do remit
the appropriate payments and are true to their word, that they
want to be in the appropriate light with regards to our
regulatory authority and responsibillty here, that perhaps
maybe you can provide them with some additional- guidance on how
to remain in compliance with us.
A.
spring, w€ did
sent auditors
the proper way
Absolutely, Mr. Chairman. We, earlier in the
a public outreach to al-l- of our raj-lroads and we
throughout the state to try to educate them on
of cal-cuJ-ation and compliance and all of that,
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
BARRATT-RILEY (Com)
Staff
and at that time, unfortunately, Washington & Idaho was not
responsive to our call-s or requests. However, subsequently I
have spoken with our audit divisj-on and will- be able to give
them some appropriate help in trying to calcul-ate and
timel-ines, and we'Il- contj-nue to work with them on
coll-ections.
O. There's one other area I just wanted to explore a
little bit oD, and I apologize for monopolizing the
questioning.
Item No. 3 in the show cause order essentially
talks about the imposition of civil penalties, and we a1I know
that that's a lengthy, drawn-out process. We're looking at
$12r000. We're looking at a smal-I company. It wou1d be my
hope that perhaps maybe that would be somewhat of a bargaining
chip that coul-d be used in the discussions to try to get them
back into compliance. I think, overaIl, the history of the
Commission has been to seek compliance and not necessarily be
punitive; however, that option is there in the event that other
things should go south. It would be my hope that perhaps we
coul-d perhaps get them into compliance and not have to go
through the process and the expense of pursuing that, even
though it's still- an optj-on.
MR. KARPEN: We have discussed actually options
as far as a consent order of any settlement to have kind of
withhel-d penalties to encourage compliance j-n the future, lest
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
BARRATT-RILEY (Com)
Staff
they want to have maybe double penalties imposed or something
like that.
COMMISSIONER KJELLANDER: And if they'd like to
estimate what their assessment might be for next year and
perhaps pay in advance, that might also be a way in which they
could show good faith.
Thatrs probably the extent of the questions I
have. Commissioner Raper?
COMMISSIONER RAPER: I have a couple of
questions. Thank you.
EXAMINATION
BY COMMISSIONER RAPER:
A. Eirst, you've indicated that they didn't read the
order. Dld they indicate that they were in receipt of the
order?
A. Commj-ssioner Raper, ye s.
O. Okay. And then my only other clarifj-cation for
the benefit of the record is on the Exhibit 3, page 4, that
Mr. Karpen handed out, there are two entrj-es for $50. One is
on April L9, 201,3, and the other is on April 22, 20L5. It
looks like those are the default assessment. fs that correct?
A. Correct. Correct.
O. So then those am I correct in saying that
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HEDRICK COURTP. O. BOX 5'7I ,
REPORTING
BOTSE, fD
BARRATT-RILEY (COM)
Staff
those would need to be subtracted from the total- amount due
because we now have accurate assessments based on the certified
returns that we've received?
A. Commissioner Raper, w€ have adjusted the
fo1Iow-up assessment to account for those $50 billings that
already went out.
O. Is there a document does this somehow reflect
that and I'm just not seeing it?
A. Commissioner Raper, if you refer to, for
example
MR. KARPEN: 3-1 and 3-2.
THE WITNESS: 3-1 and 3-2, up in the box of
the calculation, the very l-ast sentence says "Adjusted 2013
assessment fee cal-cul-ation." Shows the calculation and then
"fess $50.00. "
a. BY COMMTSSIONER RAPER: Okay.
A. So those billings were reduced to account for the
defaul-t. And you're correct, it j-s a default that Idaho Code
provides if we do not have a GIOR, if it doesn't reach a
certain threshold, it's a minimum of $50 billing.
A. Okay. So then these assessment lnvoices are
correct in that they subtract the default amount that was
A. Correct.
O. But the statement which is dated today's date,
JuLy 21,, 201,5, that amount due at the bottom -- because I know
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HEDRICK COURT REPORT]NG
P. O. BOX 5'18, BOTSE, rD
BARRATT-RILEY (Com)
Staff
we have 20L3 and 2015 that we didn't get returns oDr but we
also had additi-onal- amounts where we received returns but they
didn't pay the assessments that were due at the time. So then
ultimately I guess I still- have a question as to whether that
amount due at the bottom of the statement that's dated today is
correct or should have those two $50 amounts removed?
A. On Exhibit 3-4, if you will the itemized
amount, if you wiJ-J- count up from the bottom one, two, three,
you will see the bill-ing of $1,,022.48. And also the one below
that is $542.1,8. Those refl-ect the same amounts on Exhibit 3.1
(sic) and 3.2 (sic) that have been reduced by the $50 each.
O. Yes, but there's stil-l $50 there on the invoj-ce.
MR. KARPEN: If we back the $50 out from 201,3,
you would have to include the $50. The 1,,022 woul-d change to
L,072.
THE WfTNESS: So this total j-s correct, the
$3,619.58 is current, and we have accounted for the two pri-or
billings of $50 separately.
COMMISSTONER RAPER: Okay.
MR. KARPEN: The $50 was backed out when they
made the corrected assessment, the $50 was backed out as being
previously bi11ed.
COMMISSIONER RAPER: Right. I see that it was
backed out on the invoj-ce, but on the statement itse1f it is
there. And when you l-ook at the balance add on, it qoes I
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HEDRICK COURT
P. O. BOX 578,
REPORTING
BOISE, ID
mean, you know, January 22, I | 943. You add the 50 j-n: L,993.
And then you add the actual assessment, 1,,022. But I was never
very good at math, so if
MR. KARPEN: WeIl- the actual assessment woul-d be
L,072, but since it was already backed out on the statement, it
became L,022.
COMMISSIONER RAPER: Okay. Okay. I accept that.
That's al-l I have. Thanks.
COMMISSIONER K,IELLANDER: Thank you.
I think that we're to the point where we really
don't have any more questions that we probably need to ask of
this witnessr so we woul-d excuse you from the wj-tness stand and
thank you very much. You might want to be careful though:
Because you did a decent job, maybe someone in utilities might
want to drag you into the next rate case. But thank you very
much for your participation.
THE WITNESS: Thank you.
(The witness l-eft the stand. )
COMMISSIONER K,JELLANDER: So j-s there anythi-ng
else that needs to come before us?
MR. KARPEN: No. I can summarize kind of I guess
what the Commission Staff is seeki-ng at this point, but no
further witnesses. I think the case is adequately presented to
the Commission.
COMMISSfONER KJELLANDER: So 1et me see if I can
1_8
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD
summar j-ze quickly.
It looks like we're getting some cooperation from
the Rail-road. It l-ooks like we have the ability to pin down
the appropriate assessment, and we have what would 1ike1y be
the negotiation tools that you would need to try and reso1ve
this and get those payments made without having to take a
punitive route.
So in terms of a time frame, then what would you
be looking at as a reasonable time frame?
MR. KARPEN: At this point, I don't think that an
order from the Commission directing its attorneys to seek this
from the district court woul-d inhibit any settlement
whatsoever, so I woul-d say the time frame as far as an order
for the Commission can be a very quick turnaround. I thlnk
that moving forward with this wil-I probably recommit them to
settling it quickly.
COMMI SS ]ONER K..]ELLANDER :Or woul-d the other
option be to perhaps hol-d off on issuing any order, a11ow you
to wrap things up and maybe get the checks cut very quickly,
and then an order can come out let I s say in a couple weeks.
MR. KARPEN: That woul-d work. That woul-d be
adequate as wel-1.
COMMISSIONER KJELLANDER: Okay. So we have
options
MR. KARPEN: Yes
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSE, rD 83701
COMMISSfONER KJELLANDER: Excellent. Is there
anything else that we need to have come before the Commission
today?
If not, then we have Exhibit 2 and Exhibit 3
admitted, and we appreciate the response from the witness. And
I believe then the Commission wj-II approprj-ately deal with an
order in its tj-me and pIace, and encourage Staff to work
closely with the Company to resolve this and hopefully get the
payments in.
And, with that, then we are adjourned.
MR. KARPEN: Thank you.
(The hearing adjourned at 9:56 a.m.)
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HEDRICK COURT REPORTING
P. O. BOX 578, BOTSEt tD
AUTHENTICATION
This is to
true and correct transcript to
proceedings held in the matter
special regulatory fee pursuant
61-1005, Case No. WAI-R-15-01,
201"5, dt the Commission Hearing
Boise, Idaho, and the original
Commi-ssion.
certify that the foregoing is a
the best of my ability of the
of Washington & Idaho Railway
to Idaho Code 61-1001 through
commencing on Tuesday, July 21,
Room, 472 West l'Iashington,
thereof for the file of the
WENDY J. MUin and for btary Pu!
teoflresiding at Meridian, Idaho.
My Commission expires 2-8-2020.Idaho CSR No. 475
21
83701
AUTHENTICATION
ldaho Public Utilities Commission C.L Butci olbi Gsnmq
PO. Box m72q Bol3r, lD 83720.074 Prul XFn,tdrr, C([nmbihmr
ll.ct A 8al6rd. Co.rfib8loner
Xlr$a H, Smnn, C.lrmlsllomr
July 9, 20! 5
WASHING'I'ON & IDAHO RAILWAY
PO BOX 27i
ROSALI,A WA 99170
RE: 2012 Idaho Gross Operating Revenues - WAI-R
The Idaho ltrublic Utility Commission rcquosts your calendar ycar 2012 gross intrastate revcnues be submitted on or
beforeApni 1,2013. Yourcompanymustrepcrtevenif ithadzerogossinhastateoperatingrevenuesduringthe
prcceding calcndar year.
Idaho Code 6l-1003 ail 52-6ll requirc all public utiiiry companies to amually report to thc Commission their goss
operating revenues derived from business c'perations ln ldaho that are subject to the annual assessment during the
preceding calendar year.
The form p:ovided below is for your convericncc. Pleasc complctc the hfonaation and return it to thc above address as
soon as possible. Plcase note thc law rcquires information on thc rcturn be ccrtified by an officer or agency ofyour
comPany.
To rneet thc April 1,2013 deadline, you may send a facsimilc of this fora to the Commission Lt{208)134-3762 or email
a pdf version to tamara.huniston@plc.idaho.ggv, The IPUC must receive a ce*ified hard copy within five working days
of rhe far or emailed transmission.
Should you have any qucstions, please fecl free to conact Tami Humiston at (208) 334-0325 or Sara Shultz at (208) 134-
a371.
Sincerely.
all. tsar.tL<Rly
Maria tsarratt-Riley
Deputy Acministrator
Our ldaho (lross intra$ate opcra.ing Rcvcnrre for the Calerder year 2012 was tJll*Zj-Y-
I certift that the foregoing r;ratenent is true and correct to the best ofmy knowledge, information and belief.
r _ y1,Iis, ?-ZA - /5'
Company c,:ntact should we have questions rcgarding this form or ary updates to company contacl
Na,rrc: Drrt -fu A'u*---_=**- Phcne $?7 4 ? Z - rf A' ?
Email Address:WAI-R
ldaho Public Utilities Commission
P.0. Bor 8:If20, Bolss, lD 8372t-{n74 Prul lqdbndsr, Coltnl$lo.l!
Hrcl A n.l,lbd, Coililsd!f,rtlraci. ll &rlltll Commlsslomr
July 9, 2015
YYASHING'TON & IDAHO RAILWAY
PO BOX 275
ROSALIA WA 99170
RE: 201 4 Idaho Gross Ope:ating Revenues - WAI-R
The Idaho Public Utility Co::rmission requests your calcndar ycar 2014 gmss inEastalc rcvenucs be submitted on or
beforeApril 1,2015. Youreompanymustrcport?vcnifithadzcrogrossintrastatcoperatingrevenucsduringthe
preceding calendar ycar.
Idaho Code 6l-1003 and 62-611 rcquire all public utility companies to annually rcport to the Commission their gross
operating revenues dcrived lrom business operations in ldaho that are subject to the annual assessment during thc
preceding calendar year.
The form provided below is ibr your convenience. Please complete the information and rcturn it to the above address as
soon as possible. Please note the law requires information on the rcturn be ccdificd by an officer or agency ofyour
comPany.
To meet ttre .April l, 2015 dcadline, you may send a facsimile of this form to the Commission at (208) 334-3762 or email
a pdf versi<;n to tamara.humiston@.puc.idsho,gov. The IPUC must recoive a certificd hard copy within five working days
ofdro fax cr emailcd transn:ission,
Should you ha';e any qucstions, plcase feel frce to contact Tami Humiston at (208) 334-0325 or Sara Shuhz at (208) 33.1-
0374.
Sincerely,
&1. B""rnacRIrX
Maria Barratt-Riley
Deputy Airninistrator
I our ldaho Gross intrastate Gperating Revenuc for thc Calendar yeer 2014 was SjZZg. 9-.
I I..nifythatthcforegoingsratementistrueandconecttothebestofmyknowledge,informationandbelief.
sirnurur", @*ft/Z-<*- D^r",") -2r'/.y-
Company cr:ntact should wu have questions regarding this tbrm or any updates to company contact information:
xr*", Aa.-{bti,r*--_ Phone < 15b9.:322-1"tcV
F;rrtx eaarzss: c{, c/ef trn (l Ll rh , '/ A*?, <<y->w/i.-g,
ldaho Public Utilities Gommission C,L. Butch 0tter, Goverror
P.0. Box 83720, Boise,lD 8{}720-0074 Paul Kjellander, Gommissioner
Mack A. Redford, Commissioner
Kristine Raper, Gommissioner
Assessment lnvoice
WASHINGTON & IDAHO RAILWAY
PO BOX 275
ROSALIA WA 99170
Date lnvoice No.
7t21t2015 2015-299
Due Date I ltzttzots
assessment fee is $50.00.
The 20I 5 ossessment fee may be paid in equal semi-annual installments. The first installment of the
regulatoryJbe is due no later than May 15, 2015. The second installment is due no later than
November 15, 2015. Otrtstunding balances after November I5, 2015 will be assessed with a 6%
interest fbe.
ANY UTILITY OR RAILROAD OBJECTING TO THE ASSESSMENT STATED ABOVE MAY
FILE AN OBJECTION WITH THE COMMISSION PURSUANT TO IDAHO CODE 61-1007.
Ptease make checks or money orders payable to:
ldaho Pubtic Utitities Commission
PO BOX 83720
BOTSE tD 83720-0074
Pleuse contact Tami Humiston with questions or comments: (2081 331-0325 or tamara.httmiston@puc.idaho.gov
Remittance advice for:
WASHINGTON & IDAHO RAILWAY
Account No. I WAI-R 2014 GIOR Amount
Description Assessment Amount
2013 Railroad Assessment.61540/o - Additional fee based on receipt of 2012 GIOR
of $174,274.00 received on7120/2015. The 2013 revised invoice does not include
the $50.00 billed on Invoice 2013-021. Adjusted 2013 assessment fee calculation -
9174,274 * .006154 : $1,072.48 less $50.00 : $1,022.48
1,022.48
The 2015 assessment fee for utilities is .248loh and .6083%o for railroads by
Commission Order Number 33281 and33282 respectively. The minimum Total 51,022.48
Account No. WAI-R lnvoice No. 2015-299 Remittance amount: $
Idaho Public Utilities Commission
P.0. Box 83720, Boise, lD 83720-0074
C.L. Butch 0tter, Governor
Paul Kjellander, Commissioner
Mack A. Redlord, Commissioner
Kristine Raper, Commissioner
WASHINGTON & IDAHO RAILWAY
PO BOX 275
ROSALIA WA 99I70
Assessment lnvoice
Date lnvoice No.
7t21t2015 2015-300
Due Date I ltzttzots
assessrnent fee is $50.00.
The 2015 ossessmentfee may be paid in equal semi-annual installments. The first installment of the
regulatory.fee is due no later than May 15, 2015. The second installment is due no later than
November 15, 2015. Outstanding balances after November 15, 2015 will be assessedwith a 6%
interest fbe.
ANY UTILITY OR RAILROAD
FILE AN OBJECTION WITH
OBJECTING TO THE ASSESSMENT STATED ABOVE MAY
THE COMMISSION PURSUANT TO IDAHO CODE 61-1007.
Please make checks or money orders payabte to:
ldaho Pubtic Utitities Commission
PO BOX 83720
BOTSE tD 83770-0074
Please contact Tami Humiston with qtrcstions or comments: (208) 334-0325 or tamara.humiston@pttc.idaho.gov
Remittance advice for:
WASHINGTON & IDAHO RAILWAY
Account No. I WAI-R 2014 GIOR Amount $97,350.00
Description Assessment Amount
2015 Railroad Assessment.6AS3Yo - Additional fee based on receipt of 2014 GIOR
of $97,350.00 received on7l20l20l5. The 2015 revised invoice does not include the
$50.00 billed on Invoice 2015-020. Adjusted 2015 assessment fee calculation -
$97,350.00 * .006083: $592.18 less $50.00 = $542.18
s42.18
The 2015 assessment fee for utilities is .248lYo and .6083% for railroads by
Commission Order Number 33281 and 33282respectively. The minimum Total $542.18
Account No.WAI-R lnvoice No. 2015-300 Remittance amount: $
flA,{tss-
ldaho Public Utilities Commission
P.0. Box 83720, Boise, lD 83720-0074
& IDAHO RAILWAY
99170
C.L. Butch oner, Governor
Paul Kjellander, Commissioner
Mack A. Redford, Commissioner
Marsha H. Smilh, Commissioner
WASHTNGTON
PO BOX 275
ROSALIA WA
lnterest lnvoice
Date lnvoice No.
7t21t2015 2015-301
7t2U20tS
Interest assessed on account balance after November l5 - Interest on 2013
Additional Assessment balance
Total $61.35
The 2014 assessment fee may be paid in equal semi-annual installments. The.first installment of the
regttlatoryfee is due no later than May 15, 2014. The second installment is due no later than
November 15, 2014. Outstanding balances after November 15, 2011will be assessedwith a 6ok
inlerest fee.
Ptease make checks or money orders payabte to:
ldaho Public Utitities Commission
PO BOX 83770
BOTSE lD 83720-0074
Please contact Tami Humiston with questions or comments: (208) 331-0325 or tamara.humiston@puc.idaho.gov
Remittance advice for:
WASHINGTON & IDAHO RAILWAY
Account No WAI-R lnvoice No. 2015-301 Remittance amount: $
ldaho Public Utilities Commission
P.0. Box 8i1720, Boise, ltl 83720-0074
Please contact Tami Humiston at (208) 334-0325 or by email at
questions or need additional
WASHINGTON & IDAHO RAILWAY
PO BOX 275
ROSALIA WA 99170
Due Date I ltZttZOtS
Account #WAI-R
Outstanding balances after November 15,2015 will be assessed with a 6oh interest fee.
C.L Butch Otter, Govemor
Paul Kjellander, Commissioner
Mack A. Redford, Commissioner
Kristine Raper, Commissioner
Statement
Date Transaction Amount Balance
02ny2013
04t19t20r3
02ltU20t4
08106120r4
0u22t20ts
04122120t5
0712U20r5
07t2v20r5
0712y20t5
INV #PRIOR BAL. Orig. Amount $947.31.
--- Prior Assessment Balance 5947.31
nIV #2013-021. Orig. Amount $50.00.
--- 2013 Utility Assessment $50.00
INV #2014-INT-13. Orig. Amount $59.84.
--- Assessment Interest $59.84
INV #2014-309. Orig. Amount $776.41.
--- 2014 Railroad Assessment 5776.41
INV #2015-INT-16. Orig. Amount $110.01.
--- Assessment Interest $l10.01
INIV #2015-020. Orig. Amount $50.00.
--- 2015 Railroad Assessment S50.00
INV #20 I 5-299. Orig. Amount S1,022.48.
--- 2013 Railroad Assessment S1,022.48
INV #2015-300. Orig. Amount $542.18.
--- 2015 Railroad Assessment 5542.1 8
INIV #2015-301. Orig. Amount $61.35.
--- Assessment lnterest $61.35
947.31
50.00
59.84
776.41
110.01
50.00
1,022.48
542. I 8
6l .35
947.31
997.31
1,057.15
l,833.s6
1,943.57
1.993.57
3,016.05
3,5s8.23
3,619.58
CURRENT 1.30 DAYS PAST DUE 31-60 DAYS PAST
DUE
61-90 DAYS PAST
DUE
OVER 90 DAYS
PAST DUE Amount Due
1.626.01 0.00 0.00 50.00 1.943.57 $3,619,58
tamara. humiston(@puc. idaho. gov i f you have any
information.