20190717order_no_34381.pdf

Office of the Secretary
Service Date
July 17,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BG &CM RAILROAD,)
INC.'S SPECIAL REGULATORY FEE )CASE NO.BGR-R-19-01
PURSUANT TO IDAHO CODE §§61-1001 )THROUGH 61-1005 )ORDER TO VACATE HEARING
)ORDER NO.34381
On July9,2019 the Commission issued Order No.34367 requiring BG &CM Railroad,
Inc.("Railroad")to appear before the Commission at 10:45 a.m.(MDT)on July 18,2019,in the
Commission's Hearing Room at 472 West Washington Street,Boise,Idaho,to show cause,in part,
why the Railroad should not be required to "immediately pay the entire outstanding balance for
2018 annual fees,plus interest,in the amount of $16,336.54."Order 34367 at 3.This amount was
calculated using the 2017 gross intrastate operating revenue that the Railroad reported to the
Commission.'
On July 16,2019,the Railroad filed a letter with the Commission along with a check
for $16,336.54.The letter is signed by the Railroad's president,Mike Williams.The Railroad
represents the check was sent in response to Commission Order No.34367 in this case.
Based on the representations made in the Railroad's correspondence and the check
enclosed with it the Commission will vacate the July 18,2019,hearing scheduled in this case.If
the Railroad's check fails to clear for any reason,the Commission will immediately issue a new
notice scheduling a hearing at the earliest available date to require the Railroad to show cause why
the Commission should not order:
1.The Railroad to immediately pay the entire outstanding balance for 2018 annual
fees,plus interest,in the amount of $16,336.54;
2.The Commission's attorney to seek the imposition of civil penalties on the Railroad
under Idaho Code §61-706 of $2,000.00 for each and every violation of the
Commission's authorities;
1 The Railroad's 2017 gross operating revenue,as reported by the Railroad,is subject to verificationby Commission
audit.Since the Railroad's 2018 regulatory fee is based on its Railroad's self-reported 2017 gross operating revenue,
the amount of the Railroad'sregulatory fee for 2018 could increase or decrease if the audit determines the Railroad
over or under reported its 2017 gross operating income.
ORDER NO.34381 1
2.The Commission's attorneyto seek the imposition of civil penalties on the Railroad
under Idaho Code §61-706 of $2,000 for each and every violation of the
Commission's authorities;
3.The Commission's attorney to sue in District Court to enforce any determinations
of the Commission,including the imposition of any penalty,consistent with Idaho
Code §§61-705,61-706,and 61-1005;and,
4.The Railroad to comply with any further conditions the Commission imposes on it.
ORDER
Based on the foregoing,IT IS HEREBY ORDERED that the hearing set for 10:45 a.m.
(MDT)on July 18,2019,in the Commission Hearing Room at 472 West Washington Street,Boise,
Idaho,is VACATED.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of July2019.
PAUL K -LLAND ,PRESIDENT
KRIST RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.HaiÁan
Commission Secretary
1:\Legal\RAIL\BGR-R-19-01\BGRR1901 OrdertoVacate docx
ORDER NO.34381 2