20140527Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: MAY 27, 2014

SUBJECT: IN THE MATTER OF EASTERN IDAHO RAILROAD’S OBJECTION TO
ITS 2014 ASSESSMENT FEE, CASE NO. EIR-R-14-01

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 2013.
THE COMPANY’S OBJECTION
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.
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.
Once each railroad’s assessment is determined, the Commission notifies the railroad
of its regulatory fee no later than May 1st 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.
DECISION MEMORANDUM 2
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. The Company awaits “acknowledgement of its
objection and further instructions from the Commission on how to proceed in this matter.”
STAFF RECOMMENDATION
Staff recommends that the Commission process this case under Modified Procedure
so that it may inquire of the Company and attempt to verify the correct amount of the Company’s
2013 Gross Operating Intrastate Revenues.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Objection to Assessment Fee and
Modified Procedure, with a 42-day comment period so that Staff may conduct an inquiry and
verify the Company’s 2013 Gross Operating Intrastate Revenues?

M:EIR-R-14-01_np