20190717order_no_34380.pdf

Office of the Secretary
Service Date
July 17,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ST.MARIES RIVER )
RAILROAD COMPANY'S SPECIAL )CASE NO.SMR-R-19-01
REGULATORY FEE PURSUANT TO IDAHO )
CODE §§61-1001 THROUGH 61-1005 )ORDER TO VACATE HEARING
)ORDER NO.34380
On July 9,2019 the Commission issued Order No.34366 requiring St.Maries River
Railroad Company ("Railroad")to appear before the Commission at 10:30 a.m.(MDT)on July
18,2019,in the Commission's Hearing Room at 472 West Washington Street,Boise,Idaho,to
show cause,in part,why the Railroad should not be required to "immediately pay the entire
outstandingbalance for 2018 annual fees,plus interest,in the amount of $2,261.32."Order 34366
at 3.This amount was calculated using the 2017 gross intrastate operating revenue that the
Railroad reportedto the Commission.
On July 16,2019,the Railroad filed a letter with the Commission along with a check
for $2,261.32.The letter is signed by the Railroad's president,Mike Williams.The Railroad
represents the check was sent in response to Commission Order No.34366 in this case.
Based on the representations made in the Railroad's correspondence and the check
enclosed with it the Commission will vacate the July 18,2019,hearing scheduled in this case.If
the Railroad's check fails to clear for any reason,the Commission will immediately issue a new
notice scheduling a hearing at the earliest available date to require the Railroad to show cause why
the Commission should not order:
1.The Railroad to immediately pay the entire outstanding balance for 2018 annual
fees,plus interest,in the amount of $2,261.32;
2.The Commission's attorney to seek the imposition of civil penalties on the Railroad
under Idaho Code §61-706 of $2,000.00 for each and every violation of the
Commission's authorities;
1 The Railroad's 2017 gross operating revenue,as reported by the Railroad,is subject to verification by Commission
audit.Since the Railroad's 2018 regulatory fee is based on its self-reported 2017 gross operating revenue,the amount
ofthe Railroad's regulatory fee for 2018 could increase or decrease if the audit determines the Railroad over or under
reported its 2017 gross operating income.
ORDER NO.34380 1
2.The Commission's attorney to seek the imposition of civil penalties on the Railroad
under Idaho Code §61-706 of $2,000 for each and every violation of the
Commission's authorities;
3.The Commission's attorney to sue in District Court to enforce any determinations
of the Commission,includingthe imposition of any penalty,consistent with Idaho
Code §§61-705,61-706,and 61-1005;and,
4.The Railroad to comply with any further conditions the Commission imposes on it.
ORDER
Based on the foregoing,IT IS HEREBY ORDERED that the hearing set for 10:30 a.m.
(MDT)on July 18,2019,in the Commission Hearing Room at 472 West Washington Street,Boise,
Idaho,is VACATED.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of July 2019.
PAUL K LLAÑI ,PRESIDENT
KR IN RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
A
iane M.Haman
Commission Secretary
1:\Legal\RAIL\SMR-R-19-01\SMRRI901OrdertoVacate docx
ORDER NO.34380 2