20140529notice_of_objection_order_no_33046.pdf

Office of the Secretary
Service Date
May 29,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF EASTERN IDAHO )
RAILROAD’S OBJECTION TO ITS 2014 )CASE NO.EIR-R-14-01
ASSESSMENT FEE )
)NOTICE OF OBJECTION
)TO ASSESSMENT
)
)NOTICE OF
)MODIFIED PROCEDURE
)
______________________________
)ORDER NO.33046
On May 15,2014,Eastern Idaho Railroad (“Eastern Idaho”or “Company”)sent a
letter to the Commission registering its objection,pursuant to Idaho Code §61-1007,to the
Company’s 2014 Railroad Assessment Fee.Eastern Idaho attached several invoices as
attachments,documenting the Commission’s fee assessment as well as the Company’s Gross
Operating Revenues for the calendar year of 2013.
NOTICE OF THE COMPANY’S OBJECTION
YOU ARE HEREBY NOTIFIED that the Commission’s operating budget is derived
from the assessment of regulatory fees upon utilities and railroads subject to the Commission’s
jurisdiction.Idaho Code §61-1003 provides that on or before April 1st of each year,each
railroad corporation shall report its gross operating revenues from its intrastate railroad business
in Idaho for the preceding calendar year.
YOU ARE FURTHER NOTIFIED that,based upon the total amount of gross
intrastate revenues reported by all the railroads,the Commission then determines the
proportionate assessment applicable to each railroad to recover the Legislature’s authorized
appropriation.
YOU ARE FURTHER NOTIFIED that once each railroad’s assessment is
determined,the Commission notifies the railroad of its regulatory fee no later than May 1 St of
each year.Such fee shall be paid to the Commission in equal semi-annual installments.Idaho
Code §61-1005.Any utility or corporation may object to the fee “on or before the time
specified for payment for the first installment of the assessment made against it.”Idaho Code
§61-1007.
NOTICE OF OBJECTION TO ASSESSMENT
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33046 1
YOU ARE FURTHER NOTIFIED that,in its letter to the Commission,Eastern Idaho
acknowledges that it committed an error in reporting to the Commission its gross interstate
operating revenues instead of its gross intrastate operating revenues.Allegedly,the difference
between Eastern Idaho’s 2013 Gross Interstate Revenues ($16,336,596.00 —Attachment B)and
its 2013 Gross Intrastate Revenues ($3,236,286.00 —Attachment C)is significant.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the
Company’s filings in Case No.EIR-R-14-01 and finds that the public interest may not require a
formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201
through 204 of the Idaho Public Utilities Commission’s Rules of Procedure,IDAPA
31.01.01.201 through .204.The Commission notes that Modified Procedure and written
comments have proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position
concerning Eastern Idaho’s Application may file a written comment in support or opposition
with the Commission.The comment must contain a statement of reasons supporting the
comment.Persons desiring a hearing must specifically request a hearing in their written
comments.Written comments concerning Eastern Idaho’s Application shall be filed with the
Commission within ninety (90)days of the service date of this Order.Written comments
concerning this filing should be mailed to the Commission and the Company at the addresses
written below:
Commission Secretary Ausey H.Robnett,III
Idaho Public Utilities Commission Legal Counsel for Eastern Idaho Railroad
P0 Box 83720 701 E.Front Ave.,Suite 101
Boise,ID 83 720-0074 P.O.Box E
Coeur d’Alene,ID 83816
Street Address for Express Mail:E-mail:ausey,[e-mail]
472 W.Washington Street
Boise,ID 83702-59 18
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Case Comment or Question
Form”under the “Consumers”tab,and complete the comment form using the case number as it
NOTICE OF OBJECTION TO ASSESSMENT
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33046 2
appears on the front of this document.These comments must also be sent to Eastern Idaho at the
e-mail address listed above.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
www.puc.idaho.gov.Click on the “File Room”tab at the top of the page,scroll down to the type
of “Open Rail &Pipeline Cases,”and then click on the case number as shown on the front of this
document.
YOU ARE FURTHER NOTIFIED that the Idaho Public Utilities Commission has
jurisdiction over the Company,its filing and the issues pertaining to this case pursuant to Title 61
and Title 62 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that persons interested in submitting written comments
regarding Eastern Idaho Railroad’s Application should do so no later than 90 days from the
service date of this Order.
NOTICE OF OBJECTION TO ASSESSMENT
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33046 3
DONE by Order of the Idaho Public Utilities Commission at Boise.Idaho this 2 1
day of May 2014.
PAUL KJELLANDER,PRESIDENT
\
MACK A.REDFORD,COMMISSIONER
ULL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jean D.Jewell
‘iommission Secretary
O:LIR-R-14-O1 np
NOTICE OF OBJECTION TO ASSESSMENT
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33046 4