20220711Order_to_Vacate_Hearing_Order_No_35458.pdf

ORDER NO. 35458 1

Office of the Secretary
Service Date
July 11, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ST. MARIES RIVER
RAILROAD COMPANY’S FAILURE TO
MAINTAIN THE 396298J CROSSING AND
TO PAY ASSESSMENT FEES
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CASE NO. SMR-R-22-01

ORDER TO VACATE HEARING

ORDER NO. 35458

On June 22, 2022, the Idaho Public Utilities Commission (“Commission”) issued Order
No. 35439, requiring St. Maries River Railroad Company (“Railroad”) to appear before the
Commission at 3:00 P.M. (MDT) on July 12, 2022, in the Commission Hearing Room at 11331
W. Chinden Blvd., Bldg. #8, Suite 201-A, Boise, Idaho, to show cause why the Railroad should
not be required to:
1. Immediately perform maintenance on the [396298J] Crossing;
2. Pay up to a $2,000 penalty per day for its failure to perform maintenance on
the Crossing. See Idaho Code §§ 61-706 and 61-707;
3. Immediately pay its past due Assessment or semi-annual installment, plus
all accrued interest; and
4. Pay up to a $2,000 penalty per day for its continuing failure to pay its 2022
Assessment or semi-annual installment and all accrued interest. See Idaho
Code §§ 61-706 and 61-707.
Order No. 35439 at 1.
On June 23, 2022, Commission Staff (“Staff”) received an email from Paul Riemann, the
Maintenance of Way Supervisor/Bridge Inspector for the Railroad. Mr. Riemann indicated that the
Railroad had a crew making some temporary repairs to the Crossing, and that the plan was to
remove the asphalt and relay new asphalt for permanent repairs once conditions and schedule
allowed.
On July 5, 2022, Staff received a check from the Railroad for the full amount of the 2022
assessment, $6,890.18. The Railroad did not include any amount of interest for late payment in the
total check amount.
Based on the representations made in the Railroad’s correspondence, and the check
received by the Staff, the Commission will vacate the July 12, 2022, hearing scheduled in this case.
If the Railroad’s check fails to clear for any reason, the Railroad fails to pay any interest assessed

ORDER NO. 35458 2
for late payment, or the Railroad fails to follow through on its plans for maintenance on the
Crossing, the Commission will immediately issue a new notice scheduling a hearing at the earliest
available date.
ORDER
IT IS HEREBY ORDERED that the hearing set for 3:00 p.m. (MDT) on July 12, 2022, is
VACATED.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 11th day of
July 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\RAIL\SMR-R-22-1\orders\SMRR2201_Order to Vacate_cb.docx