20240315Affidavit N. Ashcraft.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSI.<ONIVED
IN THE MATTER BG & CM RAILROAD, ) INC.'S FAILURE TO PAY SPECIAL ) REGULATORY FEE PURSUANT TO ) IDAHO CODE§§ 61-1001 THROUGH 61-) 1005 ) -----------------STATE OF IDAHO ) ss. County of Ada ) 2D2� r-1.�I� 15 PM 2: 28
CASE NO. BGR-�-247�1 �!. rJUBLIC; .if;[_ ;Tlr�) ;oMMISSION AFFIDAVIT OF NANCY ASHCRAFT I, Nancy Ashcraft, being first duly sworn under oath, depose and state as follows: 1.My name is Nancy Ashcraft. I am over 21 years of age, of sound mind, and I havepersonal knowledge of the facts stated herein.2.The information contained herein is true and correct to the best of my knowledge andbelief.3.I am a Financial Specialist, Senior at the Idaho Public Utilities Commission("Commission"). I started working in this position in 2016. I am responsible for thebilling and collection of annual fees assessed on public utilities and railroads asdescribed in Idaho Code § § 61-1001 through 61-1005.4.In my position I am aware that BG & CM Railroad, Inc. ("Company") has a history ofbeing slow or unresponsive in the payment of its annual assessment fees("Assessment"). For example, the Company has not paid its 2023 Assessment despiterequests by Staff for it to do so.5.In May and November 2023, the Company failed or refused to pay its annual regulatoryfees.6.As of December of 2023, the Company was assessed $357.71 in interest on theoutstanding balance of its Assessment of$14,775.57 at the rate of six percent (6%).7.Staff sent the Company a Demand Letter via certified mail outlining the amounts owedby the Company. The Demand Letter also provided the Company with notice of thepotential for the Commission to take legal action against it-including the Commissionordering the Company to Show Cause for its failures to comply with CommissionAFFIDAVIT OF NANCY ASHCRAFT 1
mandates. This Demand Letter was delivered to the Company on December 13, 2023.
A true and correct copy of the Demand Letter is attached hereto and incorporated by
reference herein as Exhibit A.
8.Despite such action by Staff, the Company has failed to pay its Assessment, and the
applicable interest owed to the Commission remains unpaid and past due.
Dated this � day of March 2024.
N Fi or Ida ission
SUBSCRIBED AND SWORN to before me this J Sfl-t.tay of March 2024.
AFFIDAVIT OF NANCY ASHCRAFT 2
Notary Puhl for Idaho Residing at: Ada County, Idaho Commission expires: March 15, 2025
Idaho Public Utilities Commission
P.O. Box 83720, Boise, ID 83720-0074
VIA CERTIFIED MAIL
December 5, 2023
Michael Williams, President BG & CM Railroad 10100 N Ambassador Dr., Ste 105 Kansas City, MO 64153
Brad Little, Governor
Eric Anderson, President John R Hammond, Jr., Commissioner Edward Lodge, Commissioner
Re: Unpaid Annual Assessment Fees -Notice of Possible Order to Show Cause and Legal Action
Dear Mr. Williams,
This correspondence is sent to you regarding BG & CM Railroad's (the "Company") failure to pay its 2023 annual assessment ("Assessment"), in the amount of $14,775.57 plus the accrued interest in the amount of $357.71. The Company has a history of failing to pay its yearly assessment on time. A copy of the latest
Statement showing the amount of the unpaid 2023 Asst:ssment and accrued interest is enclosed. Idaho Code§ 61-1005 provides that such assessment may be paid to the commission in equal semi-annual installments on the15th day of May and November each year.
DEMAND IS HEREBY MADE that the Company immediately pay the outstanding balance due by hand delivering payment to:
Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Suite 201-A Boise, Idaho 83714
or by U.S. Mail at:
P.O. Box 83720 Boise, Idaho 83720-0074 Attn: Nancy Ashcraft.
Exhibit "A"
If the Commission does not receive the Company's full payment by December 20, 2023, the Commission will initiate formal proceedings to compel that payment. Such proceedings may include an administrative proceeding in which the Company i required to appear before the Commission in Boise, Idaho to show cause why the Commission should not order the Company to:
•Immediately pay its unpaid 2023 Assessment plus any accrued interest; and,
•Pay up to a $2,000.00 penalty per day for the Company's continuing failure to pay the 2023 Assessmentand all accrued interest. See Idaho Code§§ 61-706 & 61-707.
Additionally, the Commission may seek a court order to collect the 2023 Assessment and all accrued
interest plus any penalties it may assess. See Idaho Code§§ 61-1005 & 61-712. In both administrative and court proceedings the Commjssion would ask the tribunal to order the Company to pay the Commission's
attorney's fees and costs to prosecute the case. See Idaho Code §§ 12-117, -120, -121 and Idaho Rule of Civil Procedure 54.
Thank you for your prompt attention to this matter.
Sincerely,
Maria Barratt-Riley Executive Director
Enclosures
cc: Nancy Ashcraft
Idaho Public Utilities Commission Brad Uttle, Governor
BG & CM Railroad 10100 N Ambassador Dr., Ste 105
Kansas City, MO 64153
Date Transaction
12/31/2020 Balance forward
04/19/2021 INV #2021-010. ---2023 Railroad Assessment $11,082.12 ---Tax: State Sales Tax @ 6.0% = 0.00
05/13/2021 PMT #5200. REC21058
04/21/2022 INV #2022-010. ---2023 Railroad Assessment $11,240.90
---Tax: State Sales Tax @ 6.0% = 0.00 07/05/2022 PMT #5290. REC23001 07/05/2022 INV #INT-22-014. --Interest Charge $49 .25
---Tax: State Sales Tax@ 6.0% = 0.00 04/18/2023 INV #2023-010. ---2023 Railroad Assessment $14,775.57 ---Tax: State Sales Tax@ 6.0% = 0.00
12/05/2023 INV #INT-23-002. ---Interest Charge $308.46
---Tax: State Sales Tax@ 6.0% = 0.00
CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PASTDUE
308.46 0.00 0.00
Eric Anderson, President John R. Hammond, Jr., Commissioner Edward I.Ddge, Commissioner
Statement
Date
12/5/2023
Account# BGR-R
Amount Balance
-0.01
ll,082.12 11,082.11
-11,082.12 -0.01
11,240.90 11,240.89
-11,240.89 0.00
49.25 49.25
14,775.57 14,824.82
308.46 15,133.28
'
61-90 DAYS PAST OVER 90 DAYS Amount Due DUE PAST DUE
0.00 14,824.82 $15,133.28
Please contact Nancy Ashcraft at [phone] or by email at [e-mail] if you have any questions or need additional information.