Williams_dh.doc

June 14, 2002

HAND DELIVERED

The Honorable J. D. Williams
Secretary, Idaho Board of Examiners
PO Box 83720
Boise, ID 83720-0011

Re: The Public Utilities Commission’s Request to Refund $1,290.33 to the St. Maries River Railroad for Over-Payment of its 2002 PUC Regulatory Fee

AUTHORITY: Idaho Code § 61-1007

RECOMMENDED ACTION: Place this item on the Board’s next consent agenda and recommend approval.

Dear Mr. Williams:
The Public Utilities Commission seeks the Board’s approval to issue a refund pursuant to Idaho Code § 61-1007. By way of background, the Commission’s operating funds are derived by assessing regulatory fees upon the utilities and railroads subject to its jurisdiction. Once the Legislature authorizes the Commission to expend funds, the Commission assesses each railroad its proportionate share based upon each railroad’s gross intrastate operating revenues. In this case, the St. Maries River Railroad inadvertently over-reported its gross operating revenue for calendar year 2001. This error resulted in St. Maries being assessed a regulatory fee that was too large.

After auditing the Railroad’s revenues, the Commission concluded that St. Maries had over-reported its gross intrastate revenue by nearly $850,000. Because the Railroad had already paid the first installment of its 2002 regulatory fee, the Commission determined that St. Maries is entitled to a refund of $1,290.33 from the Public Utilities Commission Fund. Pursuant to Idaho Code § 61-1007, the Commission “shall refund any overpayment of any fees. . .upon the approval of the board of examiners. . . .” Consequently, the Commission seeks the Board’s approval to issue the refund to St. Maries River Railroad. Attached is the Commission’s Order No. 29045 that describes this matter in greater detail.

If you have any questions regarding this matter, please contact the Commission’s Executive Administrator, Ron Law, at 334-0330, or myself at 334-0312.

Sincerely,

Donald L. Howell, II
Deputy Attorney General

Enclosures

cc: David High, OAG
Ron Law, PUC
David Hattaway, PUC

Vld/L:Williams_dh
The Honorable J. D. Williams
June 14, 2002
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