20140515Objection Letter.pdf

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ATTORNEYS
May 14,2014
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Ausey H. Robnett, [I
Partner
au s ey. ro bn ett@p ai ne hamb I en. c o m
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
P.O. Box 83720
Boise, lD 83720-0074
E,lR-R- l4-ol
Re: Idaho Code 6l-1007 Objectionto 2014 Railroad Assessment Fee
Eastern Idaho Railroad
To Whom It May Concern:
Please accept this letter as Eastern Idaho Railroad's Idaho Code 61-1007 Objection to the
2014 Railroad Assessment Fee contained in Assessment Invoice No. 2014-010, a copy of which
is attached hereto as Attachment A. This objection is based on Eastern Idaho Railroad's
erroneous reporting of its Idaho Gross Operating Revenues for calendar year 2013.
Eastern Idaho Railroad mistakenly reported its interstate gross operating revenues
instead of its intrastate gross operating revenues for 2013, as required by Idaho Code 6l-1003.
The erroneous interstate gross operating revenues reported for 2013 were $16,336,596.00 and
attached hereto as Attachment B is a copy of the erroneous Class II & ru Railroad Annual
Report that was timely filed and reported the incorrect gross operating revenue number.
The correct intrastate gross operating revenues for Eastern Idaho Railroad for 2013 are
$3,236,286.00 and a revised Schedule of Gross Operating Revenues for 2013, on the appropriate
reporting form, is attached hereto as Attachment C.
Eastern Idaho Railroad apologizes for this erroneous reporting and is taking permanent
steps to prevent this mistake from occurring in the future. In the meantime, Eastern Idaho
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 oflices in Spokane, Coeur d'Alene, Priest River and Tri-Citles
Ms. Jean Jewell
Page2
Also, pursuant to Idaho Code 6l-1005, Eastem Idaho Railroad will proceed with making
the first timely semi-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
adjustment is needed based on Eastem Idaho 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 Eastern Idaho 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 Eastern Idaho Railroad. RP 4l.
Very Truly Yours,
PAINE HAMBLEN LLP
Ausey H. Robnett, III
cc:Craig Richey, Executive Vice-President, General Counsel and Secretary
ATTACHMENTA
Idaho Public Utilities Commission
PO BOX 83720
BOrSE rD 83720-0074
Paul Kjellander, President
Marsha H. Smith, Commissioner
Mack A. Redford, Commissioner
EASTERN IDAHO RAILROAD
420 HANSEN STREET SOUTH
TWIN FALLS ID 8330I
Assessment Invoice
Date lnvoice No.
4t1U2014 2014-010
Account No. I EIR-R I GIOR Amount I $16,336,596,00 Due Date I 511512014
Description Assessment Amount
2014 Railroad Assessment .5327%87,025.05
The 2014 assessment fee for utilities is .2371%o ad .5327% for railroads by
Commission Order Number 3301 7 and 33018 respectively. The minimum fee
Total $87,025.05
is $50.00.
The 2014 assessmentfee 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
November 15, 2014. Outstanding balances after November 15, 2014 will be assessed with a 60l
interest fee.
AI\-Y UTILITY OR RAILROAD OBJECTING TO TIIE ASSESSMENT STATED ABOVE MAY
FILE AN OBJECTION WITH THE COMMISSION PURSUANT TO IDAHO CODE 6I.1007.
Ptease make checks or money orders payabte to:
ldaho Pubtic Utilities Commission
PO BOX 83720
BOTSE tD 83720-0074
Please contact Tami Humiston with questions or comn ents: [phone] or [e-mail]
Remittance advice for:
EASTERN IDAHO RAILROAD
Account No, EIR-R lnvoice No. 2014-010 Remittance arnounl $
ATTACHMENT B
IDAHO
PUBLIC UTILITIES
C.L. "Butch" Otter, Govemor
Paul Kjellander, Commissioner
Maok A. Redford, Commissioner
Marsha H, Smith, Commissioner
February 18,2014
EASTERN IDAHO RAILROAD
420 HANSBN STREET SOUTH
TWINFALLS,ID 8330I
RE: Idaho Gross Operrting Revenues
Idaho Code $$ 6l-1003 and 62-611 tequirc all publicutility corporations to annually report to the Commission
their gross operating revenues derived from business operations in Idaho lhat are subject to the annual assessment
during the preceding calendar year.
We request that your calendar year 2013 gross intrastaterevenues be prcvided to the Commission on or before
April l, 2014. Your company must report eveu if it had zex, gross intrastate operating levenues during the
preceding calendar year.
The form provided belorv is for your convedence. Please complete antl retum it to the above address as soon Bs
possible. Please note the larv requires informatiott on the retuin be certified by an ofiicer, or agent, of your
cotnpany,
To meet the April l, 2014, deadliue you may send a faosimile of this fonn to lhe Comrnission at Q08)334-3762
or email a pdf version to the ernail to rnaria,[e-mail]. The IPUC must rcceive a certified hard
copy rvithin five rvorking days of the fax or e-mailed transmission.
Should you lnve any questions, please feel free to contact me at [phone].
Sincerely,
?rl Bann atrS;/"ro'\tr
Mada Baratt-Riley
Deputy Adrninistrator
Certlflcatlon:
Our Idalro Gross Intrastate Operating Revenue for the Calendar Year 2013 was $
I certifu that lhe foregoing statement is true and con'ect to the best of my knowledgq information and belief,
Company contsct should rve have questions regarding this fotm or any updates to company contact information:
GLASS II& III RAILROAD ANNUAL REPORT
TO THE IDAHO PUBL]C UTTLITIES COIIMISSION
ldaho Code $61-405 requlres every rallroad operatlng ln ldaho to properly
complete and return lts Annual Report hy Aprlll6h of each year
IDAHO PUBLIC UTILITIES COMMISSION
20{3 ANNUAL REPORT
Thls report ls flled by me as owner, proprlotor, partner or authorlzod oorporalo ropresentatlve, and I have
prepared or carefully revlewed It. To the best of my knowledge, informatlon and bellef, the report ls true
and correct and no materlal fact has been ornltted. , b
Date: ?')o'lt'l
1.Ralhoad Name and Comolste Buglness Address:
Name: tqs-utn ltat,o k;ltooal Lnon"r hlt . 19/'2e ro
Executlveofficer: "IaU t( hrltt Fax:
Address: qE Ut, q'4 fu,
cltv/state/Zlo: Di*tllvrt - bl b D.IOA
2.Equlpment:
a. Locomotl
Dleael:Steam: Electrlc: Other:
-
Total
-
b. Passenger Cars:
-
c, Frelght Cars: 1
d. Olher:
a. Locomotlvosl . zIllanal. l5
3,Total mlleage of tracks owned and operated by rospondent in ld*to:
4.Prlnclpal commodltles hauled ln l{qho:
6.ldaho lntrastate Gross Operallng Revenue $ ---tP , ?10 . 57b
-6.Do you transport hazardous materlals, substances orwastes? fFves n Uo
2013
ATTACHMENT C