20140515Objection Letter.pdf

PArNE ilit nAMsLEN*
ATTORNEYS
N.4.ay 14,2014
ilfi C iiii'i:,n
Z0tl{ HiY lS iil 0, 3rr
ur,rffiffio#'*iii$src,xAusey H. Robnett, III
Partner
aus ey. r o b n e t t@p ai ne h amb I e n. c o m
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
P.O. Box 83720
Boise, lD 83720-0074
9vR-R-t4-Dl
Re: Idaho Code 61-1007 Objectionto 2014 Railroad Assessment Fee
Boise Valley Railroad, LLC
To Whom It May Concern:
Please accept this letter as Boise Valley Railroad's Idaho Code 61-1007 Objection to the
2014 Railroad Assessment Fee contained in Assessment lnvoice No. 2014-009, a copy of which
is attached hereto as Attachment A. This objection is based on Boise Valley Railroad's
erroneous reporting of its tdaho Gross Operating Revenues for calendar year 2013.
Boise Valley Railroad mistakenly reported its interstate gross operating revenues instead
of its intrastate gross operating revenues for 2013, as required by Idaho Code 61-1003. The
eroneous interstate gross operating revenues reported for 2013 were $3,143,915.00 and attached
hereto as Attachment B is a copy of the erroneous Class II & m Railroad Annual Report that was
timely filed and reported the incorrect gross operating revenue number.
The correct intrastate gross operating revenues for Boise Valley Railroad for 2013 are
$838,703.00 and a revised Schedule of Gross Operating Revenues for 2013, on the appropriate
reporting form, is attached hereto as Attachment C.
Boise Valley Railroad apologizes for this effoneous reporting and is taking permanent
steps to prevent this mistake from occurring in the future. In the meantime, Boise Valley
Railroad awaits acknowledgement of its objection and further instructions from the Commission
on how to proceed on this matter.
701 E. Front Avenue Suite l0l P.O. Box E Coeur d'Alene, ID 83816 T (208) 664-81l5 F [phone] www.painehamblen.com
A Limited Liebility Partnership with offics in Spokane, Creur d'Alene, Priest River and Tri-Cities
Ms. Jean Jewell
Page2
Also, pursuant to Idaho Code 6l-1005, Boise Valley Railroad will proceed with making
the first timely serni-annual installment payment of the current 2014 Railroad Assessment Fee in
Attachment A, during the pendency of this objection and any Commission proceedings, and will
rely upon the refund provisions of Idaho Code 6l-1007 if the Commission determines an
adjustrnent is needed based on Boise Valley Railroad's intrastate gross operating revenue for
2013.
Under the IPUC Rules of Procedure, if the Commission determines that this matter
should be handled as a formal proceeding, please consider this Boise Valley Railroad's Petition
for relief as described herein. RP 25, 53. If you have any questions or require any further
materials, please contact me as the Representative for Boise Valley Railroad. RP 41.
Very Truly Yours,
PAINE HAMBLEN LLP
Ausey H. Robnett, III
Craig Richey, Executive Vice-President, General Counsel and Secretary
ATTACHMENTA
Idaho Public Utilities Commission
PO BOX 83720
BOrSE rD 83720-0074
Paul Kj ellander, President
Marsha H. Smith, Commissioner
Mack A. Redford, Commissioner
BOISE VALLEY RAILROAD
420 HANSEN STREET SOUTH
TWIN FALLS ID 83301
Assessment lnvoice
Date lnvoice No.
4l't8t2014 2014-009
Account No. I eVn-n I GIOR Amount I $3,t43,915.00 Due Date I Sll5l20l4
Description Assessment Amount
2014 Railroad Assessment .5327%16,747.64
The 2014 assessment fee for utilities is .2371% and .5327% for railroads by
Commission Order Number 330 I 7 and 3 30 I 8 respectively. The minimum fee
Total $16,747.64
is $50.00.
The 2014 assessrnentfee may be paid in equal semi-annual installments. Thefirst installment of the
regulatoryfee is due no later than May 15, 2014. The second installment is due no later than
NovemberI5,20l4. OutstandingbalancesafterNovemberl5,2014willbeassessedwitha6%
interest fee.
ANY UTILITY OR RAILROAD OBJECTING TO THE ASSESSMENT STATED ABOVE MAY
FILE AI\ 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
BOISE lD 83720-0074
Please contact Tami Humiston with questions or comrnents: [phone] or [e-mail]
Remittance advice for:
BOISE VALLEY RAILROAD
Account No.lnvoice No. 2014-009 Remittance amount $
ATTACHMENT B
IDAHO
PUBLIC LTTILITIES
C.L. "Butch" Otter, Governor
Paul Kjellander, Commissioner
Maok A. Redford, Commissioner
MarshaH. Smith, Commissioner
February l8,2AU
BOISBVALLBYRAILROAD
420 HANSEN ST SOI-':TH
TWIN FALLS,ID 8330I
RE: Itlaho Gross Operatlng Revenues
Idaho Code $S 61-1003 and 62-61I lequire all publio utility corporations to annually report to the Comrnission
their gross opemting revenues derived from business oporations in Idaho lhat aric subject to the annual assessment
during the preceding calendar year.
We request that your calendar year 2013 gross intrastate levenues be provided to the Corrunission on or beforo
April l, 2014. Your company must report even if it had zero gloss intrastate operating revenues during the
preceding calendar year,
The fonn provided below is for your convenience, Please complete and rehrrn it to the above address as soon as
possible. Please note the larv rcquites information on the retum be certifiscl by an officer, or agent, of your
company.
To meet the April l,?Ol4,deadline you may send a facsimile of this fonn to the Commission at [phone]
or einail a pdf version to the ernail to maria,banatt-r'iley@{gc.idalro.gov. The IPUC must receive a certified hard
copy rvithin five rvorking days of the fax or e-mailed transmission.
Should you have any questiotrs, please feel free to contact me at [phone].
Siucerely,
?7?. B.vaontF<rrh,q
a
Maria Bamatt-Riley
Deputy Administrator
Our Idaho Gross Intrastate Operating Revenue for the Calendar Year 2013 tuas$fl! 931-L.
statoment is tnre and coffect to the best of myknowledgg infonnation and belief.
l ro- 14
Company contact should rve have questions regarding this form or any updates to company contact infonnation:
I certify that the
Name: A ^ f tq * Xqglt relephone Nu ,nver: Q l) Cool ' 14 ,t S
GLASS II & IIIRAILROAD ANNUAL REPORT
TO THE IDAHO PUBLIG UTILITIES CoMll,llSSlON
ldaho Code $01-406 requlres every rallroad operatlng in ldaho to properly
complete and return lts Annual Report by Aprll 15h of each year
IDAHO PUBLIC UTILITIES COMMISSION
2013 ANNUAL REPORT
This report ls flled by me as ownor, proprletor, partner or authorlzed corporate representative, and I have
prepared or carofully revlewed lt. To tho best of my knowledgo, lnfonnatlon and belief, the report ls true
and correct and no materlalfaot has bean omitted.
Dare: 3-10' lt'l Slgdature:
1.Rafiroad NameandcomoteteBustnessAddress: Fats< V"lkq br'/roo/
Nama: Rokt lta ll+q ld i/roar(
I
Phone: bJo-2rl- JJ 30
Executive officer: Jaful lqrl kc Fax:
Address: ?tS W. ?to4 h:
Gltv/State/Zlo,, h++rbr., b.S /o h 7b)
2.Equlpment:
a. Locomotlves: -,Dlesel: ?Electrlc:Other: Total:
b. Passenger Gars:
-
c. Freight Cars: _
d. Other:
3.Total mileage of tracks owned and operated by respondent ln ldaho: - L/ )
4.
5.ldaho lntrastate Gross operating Revenue $ 7, l'l t , q/5
6.Do you transport hazardous materlals, substances or wastes? ffi Vt*l NO
2013
ATTACHMENT C