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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 f-Pagesl-2L {.-:. r !:*,i ij} ::"rl a:,1 " * I':-:;;. , N) a.^; - (.) i'. - ":; -t. tN) :l.r :--: n\):C, DATE: VOLUME '-7-lEE -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 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 L6 L7 18 19 20 2L 22 23 24 25 HEDRICK COURT REPORTING P. O. BOX 578, BOTSE, rD 83701 APPEARANCES 1 2 3 4 5 6 7 I 9 r-0 11 L2 l_3 L4 1-5 16 t7 18 19 20 2t 22 23 24 25 WITNESS EXAMTNATION BY PAGE Maria Barratt-Ri1ey ( Staff ) Mr. Karpen (Direct) Commiss j-oner Kj ellander Commissioner Raper 3 1l- 15 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, 10 HEDRICK COURT REPORTTNG P. O. BOX 578, BOTSE, rD 83701 1 2 3 4 5 6 1 B 9 10 11 t2 13 L4 15 t6 71 1B 1,9 20 27 22 23 24 25 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 83701 COLLOQUY 1 2 3 4 q 6 1 B 9 10 t_1 1,2 13 t4 15 16 t7 1B 79 20 2L 22 23 24 25 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 83701 COLLOQUY 3 4 5 6 7 I 9 10 11 72 13 t4 15 t6 t7 18 l9 20 2t 22 23 24 25 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, 83701 1 2 3 4 5 6 7 I 9 10 11 t2 13 t4 15 76 t7 18 1,9 20 2L 22 23 24 25 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 83701 I- 1 2 3 4 5 6 1 I 9 10 11 t2 13 L4 15 76 L7 18 t9 20 2L 22 23 24 25 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 5 83701 1 2 3 4 5 6 7 B 9 10 11 t2 13 !4 15 t6 t7 1B 19 20 27 22 23 24 25 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 83701 1 2 3 4 5 6 7 B 9 10 11 L2 13 t4 15 76 77 18 t9 20 2t 22 23 24 25 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 83701 l_ 2 3 4 5 6 7 I 9 10 1l_ L2 13 L4 15 t6 77 18 L9 20 2L 22 23 24 25 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. 83701 1 2 3 4 5 6 7 I 9 10 11 L2 13 74 15 L6 t7 18 19 20 2L 22 23 24 25 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. 83701 1 2 3 4 5 6 1 I 9 10 11 t2 13 t4 15 1,6 L7 18 1,9 20 2L 22 23 24 25 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. 10 83701 1 2 3 4 5 6 7 B 9 10 11 L2 13 1,4 15 1,6 l7 18 t9 20 2L 22 23 24 25 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 11 2 3 5 6 7 9 10 11 1,2 13 L4 15 L6 L7 1B t9 20 27 22 23 24 25 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. L2 83701 1 2 3 4 5 6 B 9 10 11 l2 13 L4 15 t6 77 1B 19 20 2t 22 23 24 25 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, 13 83701 1 2 3 4 5 6 7 B 9 10 11 \2 13 L4 15 t6 L7 18 t9 20 2t 22 23 24 25 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 L4 83701 1 2 3 4 5 6 7 I 9 10 11 l2 13 74 15 L6 L7 18 1,9 20 2L 22 23 24 25 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 15 83701 1 2 3 4 5 6 1 B 9 10 11 L2 13 74 15 L6 L7 1B 1,9 20 2t 22 23 24 25 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 16 83701 1 2 3 5 6 7 I 9 10 11 t2 13 t4 15 t6 L7 18 t9 20 2t 22 23 24 25 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 L7 83701 1 2 3 4 5 6 1 I 9 10 11 t2 13 l4 15 L6 L1 18 19 20 2t 22 23 24 25 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 83701 COLLOQUY 1 2 3 4 5 6 1 I 9 10 11 !2 13 74 15 76 L7 1B 79 20 2t 22 23 24 25 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 L9 83701 COLLOQUY 1 2 3 4 5 6 7 I 9 10 11 L2 13 t4 15 16 L7 18 L9 20 2t 22 23 24 25 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.) 20 COLLOQUY 1 2 3 4 5 6 7 8 9 10 l_1 12 13 L4 15 16 L7 18 l_9 20 2L 22 23 24 25 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.