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HomeMy WebLinkAbout20150629show_cause_hearing_order_no_33330.pdfOffice of the Secretary Service Date June 29,2015 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF WASHINGTON &) IDAHO RAILWAY SPECIAL REGULATORY )CASE NO.WAI-R-15-01 FEE PURSUANT TO IDAHO CODE §61-) 1001 THROUGH 61-1005 )ORDER TO SHOW CAUSE ) )NOTICE OF HEARING ) ______________________________ )ORDER NO.33330 Washington &Idaho Railway (“Railroad”)is a regional rail shipper headquartered in Rosalia,Washington,operating in portions of Washington,Idaho,and Montana.The Railroad is a “railroad corporation,”and a “common carrier”as defined by Idaho Code §6 1-111 and 61- 113.As such,the Company is a public utility subject to the jurisdiction of the Commission. Idaho Code §6 1-129.This matter comes before the Commission due to the Railroad’s failure to report its intrastate operating revenues for calendar years 2013 and 2015,and pay its regulatory fees for 2012,2013,2014,and 2015,as required by Idaho Code §61-1001 through 61-1003. BACKGROUND 1.Commission Regulatory fees The Commission’s operating funds are derived by assessing regulatory fees upon utilities and railroads subject to the Commission’s jurisdiction.Each year,the Legislature authorizes the Commission to expend funds necessary to regulate and supervise utilities and railroads doing business in Idaho.Idaho Code §61-1001.The maximum annual assessment fee for each railroad shall not exceed one percent (1%)of its gross intrastate operating revenues,and the minimum annual fee shall be no less than $50.Idaho Code §6 1-1004(1). Idaho Code §61-1003 requires that,“[o]n or before April 1st of each year,each public utility and railroad corporation subject to the jurisdiction of the commission,shall file with the commission a return verified by an officer or agent of the public utility or railroad corporation involved,showing its gross operating revenues from its intrastate utility or railroad business in Idaho for the preceding calendar year during which it carried on such intrastate utility or railroad business.” Idaho Code §61-1001 requires that “[ejach railroad corporation,subject to the jurisdiction of the commission,and subject to the provisions of this act,shall pay to the ORDER TO SHOW CAUSE NOTICE OF HEARING ORDER NO.33330 1 commission in each year,a special regulatory fee in such amount as the commission shall find and determine to be necessary,together with the amount of all other fees paid or payable to the commission by each such public utility and railroad corporation....“See also Idaho Code §61- 1005. Once all the railroads have reported their intrastate operating revenues for the previous calendar year,the Commission calculates the “proportional assessment that all railroad corporations ...shall bear...in proportion to their respective gross operating revenues derived from intrastate [railroad]business in Idaho for the preceding calendar year ....“Idaho Code § 61-1004.The Commission then notifies each railroad of its assessed regulatory fee no later than May 1 of each year.Idaho Code §61-1005.The regulatory fee maybe paid to the Commission in equal semi-annual installments due May 15 and November 15 of each year.Id. Idaho Code §61-1004 sets forth the duties of the Commission with regard to the determination of fees.With regard to the years in question,the Commission has fulfilled its statutory requirements,and the rates set by the Commission were below the statutory maximum of one percent (1%)of gross intrastate revenue.See Order Nos.32226 (April 22,2011),32522 (April 23,2012),32782 (April 19,2013),33081 (April 18,2014),and 33281 (April 20,2015). In a Decision Memo dated May 25,2015,Commission Staff alleged that the Railroad failed to file its annual revenue statements for calendar years 2013 and 2015.Staff further alleged that the Railroad failed to pay its assessed fees for calendar years 2012,2013,2014,and a portion of its 2015 assessment.1 The Commission has met its statutory duties in determining and assessing the regulatory fees applicable to the Railroad.Barratt-Riley Affidavit.furthermore,on multiple occasions,Commission Staff attempted to obtain the Railroad’s verified returns and collect annual fees,sending invoices,demand letters,and notification that failure to comply may result in legal action.See Exhibit No.1 to Barratt-Riley Affidavit.Nevertheless,the Railroad has failed,refused,or neglected to meet the requirements of the statutes and Staffs demands that it file annual returns and pay its outstanding regulatory fees.Id. In summary,the Railroad has failed to file its statutorily required annual verified return in 2013 and 2015.Each failure to file violates Idaho Code §6 1-1003.Also,the Railroad Pursuant to Idaho Code §61-1005,the payment of fees is to be made semiannually.The first installment being due by May 15th,and the second due by November 15th. ORDER TO SHOW CAUSE NOTICE OF HEARING ORDERNO.33330 2 has failed to pay its statutorily required annual regulatory fees to the Commission in years 2012,2 2013,2014,and 2015.Id.Each failure to pay violates Idaho Code §61-1003. In February 2014,the Railroad was assessed $59.84 in interest on its outstanding balance of $997.31 (6%).Likewise,in January 2015,the Railroad was assessed $110.01 in interest on its outstanding balance of $1,833.50 (6%).See Idaho Code §61-1005 (stating that utilities and railroads failing to timely pay shall incur an annual fee of 6%interest on all unpaid balances). The Railroad’s current outstanding balance is $1,968.57. JURISDICTIONAL STATEMENT The Commission has jurisdiction in this matter pursuant to Idaho Code §61-101,et seq.,including Idaho Code §61-501,which vests the Commission with the authority and jurisdiction to supervise and regulate every public utility in the state.More specifically,Idaho Code §6 1-701,et seq.,provides direction to the Commission relating to enforcement,penalties, and interpretation of public utilities law.See also Idaho Code §6 1-1001 through 61-1005 (relating to regulatory fees of railroads). CLAIMS 1.Count One:Violations of Idaho Code 61-1003 Idaho Code §61-1003 requires the Railroad to file annual verified returns showing gross operating revenues from its railroad business in Idaho for the preceding calendar year during which it carried on such intrastate railroad business. The Railroad has failed or refused to file the annual verified return in years 2013 and 2015 in violation of Idaho Code §61-1003,with each “failure to file”creating a distinct and 2 In May 2012,the Railroad failed or refused to pay the mandatory regulatory fee of $947.31.This amount represents an outstanding balance in May 2012.Barratt-Riley Affidavit. In May 2013,the Railroad failed or refused to pay a regulatory fee of $50.00.Id.Fifty dollars represents the minimum assessment because Commission Staff has been unable to calculate an accurate amount due the Company’s failure to submit annual verified returns.Idaho Code §6 1-1004. In August 2014,Washington &Idaho Railway was assessed a regulatory fee of $776.41,based on a late-filed return showing gross intrastate revenue for 2013.Barratt-Riley Affidavit.This fee remains unpaid.Id. In May 2015,the Railroad again failed to pay an annual regulatory fee of $50.00 —the minimum assessment due to the continued failure of the Railroad to submit annual verified returns.Id. ORDER TO SHOW CAUSE NOTICE OF HEARING ORDER NO.33330 3 unique cause of action.See Idaho Code §6 1-707 (every violation “shall be deemed a separate and distinct offense”). 2.C’ou;tt Two:Violations ofIdaho Code 614001,61-1004,and 61-1005 Idaho Code §61-1001 and 61-1005 require that the Railroad pay to the Commission an annual regulatory fee in a proportional amount based on the Railroad’s intrastate gross operating revenues as reported in its annual verified return. The Railroad has a long track record of failing to pay its annual regulatory fee: 1.In May and November 2012,the Railroad failed or refused to pay the annual regulatory fee totaling $947.3 16 to the Commission in violation of Idaho Code §61-1001 and 61-1005; 2.In May and November 2013 the Railroad failed or refused to pay its minimum annual regulatory fee of $50.00 to the Commission in violation of Idaho Code §61-1001 and 61-1005; 3.In August 2014,Washington &Idaho Railway was assessed a regulatory fee of $776.41.In violation of Idaho Code §61-1001 and 61-1005,this fee remains unpaid. 4.In April 2015,Washington &Idaho Railway was assessed its annual regulatory fee of $50.00.8 On May 16,2015,the first installment of at least $25 became past due.The second installment is due by November 15,2015. See Barratt-Riley Affidavit.Because of the Railroad’s failure to pay its annual regulatory fees,it has incurred $169.85 in fees.9 At the time of the entry of this Order,Washington &Idaho Railway owes the Commission $1,968.57 in regulatory fees and interest charges.Id. ORDER Accordingly,based on the evidence before the Commission,and good cause appearing,IT IS HEREBY ORDERED that Washington &Idaho Railway shall appear before 6 This amount represents an outstanding balance for failing to pay in years prior to 2012. The $50 amount represents the minimum assessment because Commission Staff is unable to calculate an accurate assessment amount due to Railroad’s failure to submit annual verified returns. 8 The $50 amount represents the minimum assessment because Commission Staff is unable to calculate an accurate assessment amount due to Railroad’s failure to submit annual verified returns. Idaho Code §6 1-1005 requires that any outstanding balances be charged an annual fee of 6%interest on the balance. ORDER TO SHOW CAUSE NOTICE OF HEARING ORDER NO.33330 4 the Commission AT 9:30 A.M.(MDI)ON TUESDAY,JULY 21,2015,IN THE COMMISSION HEARING ROOM,472 WEST WASHINGTON STREET,BOISE, IDAHO,to show cause why the following relief should not be granted by summary order of the Commission: 1.Order the Railroad to immediately pay the current entire outstanding annual fees in the amount of $1,968.57; 2.Order the Railroad to immediately file its statutorily required annual verified returns for 2013 and 2015;’° 3.Direct the Commission’s attorney to seek the imposition of civil penalties pursuant to Idaho Code §6 1-706 of $2,000 for each and every offense, totaling $12,000. 4.Direct the Commission’s attorney to initiate an action in District Court to enforce the determination of the Commission,consistent with Idaho Code §61-705,61-706,and 61-1005. IT IS FURTHER ORDERED that all hearings and prehearing conferences in this matter will be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA).Persons needing the help of a sign language interpreter or other assistance in order to participate in or to understand testimony and argument at a public hearing may ask the Commission to provide a sign language interpreter or other assistance at the hearing. The request for assistance must be received at least five (5)working days before the hearing by contacting the Commission Secretary at: IDAHO PUBLIC UTILITIES COMMISSION P0 BOX 83720 BOISE,IDAHO 83720-0074 (208)334-0338 (Telephone) (208)334-3762 (FAX) E—Mail:seetetary@ptic.idaho.gov 10 Absent the Railroad’s violation of Idaho Code §61-1003,the assessments for 2013 and 2015 would undoubtedly exceed the statutory minimum of $50.Consequently,the Commission reserves the right to issue the Railroad amended assessments for 2013 and 2015 once the Railroad submits proper verified returns for those years and appropriate calculation of the owed fees can be made. ORDER TO SHOW CAUSE NOTICE OF HEARING ORDER NO.33330 5 IT IS FURTHER ORDERED that all proceedings in this matter will be conducted pursuant to Title 61 of the Idaho Code and the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq. IT IS FURTHER ORDERED that the Commission Secretary serve this Order to Show Cause by Certified Mail (return receipt requested)upon the person designated to receive Notices of Summonses and Complaints (DAPA 31.01.01.016)and upon the person designated by the utility to receive legal service in Idaho.Idaho Code §61-615. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of June 2015. PAUL KJELL NQ ,PRESDENT Commissioner Redford Out of the Office MACK A.REDFORD,COMMISSIONER &Jj’.. STE’JE RAPER,COMMISSIONER ATTEST: ommission Secretary O:WAI-R-I 5-0 I_bk_dh ORDER TO SHOW CAUSE NOTICE OF HEARING ORDER NO.33330 6 BRANDON KARPEN,ISB No.7956 Deputy Attorney General Idaho Public Utilities Commission 472 W.Washington Street P.O.Box 83720 Boise,Idaho 83720-0074 Telephone:(20$)334-0357 E-mail:brandon.karpen@puc .idaho.ov Attorneyfor the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF WASHINGTON &) IDAHO RAILWAY SPECIAL REGULATORY )CASE NO.WAI-R-15-01 FEE PURSUANT TO IDAHO CODE §61-) 1001 THROUGH 61-1003 )AFFIDAVIT OF MARIA )BARRATT-RILEY IN SUPPORT ______________________________ )OF ORDER TO SHOW CAUSE MARIA BARRATT-RILEY,being duly sworn,stated: 1.My name is Maria Barratt-Riley.I am over 21 years of age,of sound mind,and I have personal knowledge of the facts stated herein. 2.I am a Deputy Administrator at the Idaho Public Utilities Commission.I started working in this position in December 2012.I am responsible for the billing and collection of annual fees as described in Idaho Code §61-1001 through 61-1005. 3.Washington &Idaho Railway failed to file an annual verified return reporting its annual intrastate gross operating revenue for calendar years 2013 and 2015,as described by Idaho Code §6 1-1003. 4.In May and November 2012,Washington &Idaho Railway failed or refused to pay a regulatory fee of $947.3 1. 5.In May and November 2013,Washington &Idaho Railway failed or refused to pay its annual regulatory fee of $50.00.However,pursuant to Idaho Code §6 1-1004,$50 is the minimum assessment that may be charged to a railroad.This amount was billed because Commission Staff was unable to calculate an accurate regulatory assessment amount due the Company’s failure to submit an annual verified return. 6.In February 2014,Washington &Idaho Railway was assessed $59.84 in interest on its outstanding balance of $997.31 (6%). AFFIDAVIT OF MARIA BARRATT-RILEY 7.In August 2014,Washington &Idaho Railway was assessed a regulatory fee of $776.41.This regulatory fee remains unpaid and is past due. 8.In January 2015,Washington &Idaho Railway was assessed $1 10.01 in interest on its outstanding balance of$1,$33.50 (6%). 9.In April 2015,Washington &Idaho Railway was assessed its annual regulatory fee of $50.00.Again,$50 is the minimum statutory assessment amount,which was charged because of Washington &Idaho Railway’s continued failure to submit annual verified returns. Twenty-five dollars of this amount became past due on May 15,2015. 10.Currently,Washington &Idaho Railway owes the Commission $1,968.57 in fees and interest charges. 11.On multiple occasions,Staff has attempted to obtain the Company’s verified returns and collect its past due annual fees by sending invoices,demand letters,and notification that failure to comply would result in legal action. Dated this )day of June 2015. ‘By:Maria arratt-Riley Deputy Administrator Idaho Public Utilities Commission SUBSCRIBED AND SWORN to before me this thday of June 2015. Notary Public for Idaho My commission expires on ___________ AFFIDAVIT OF MARIA BARRATT-RILEY 2 OFFICE OF THE ATTORNEY GENERAL VIA CERTIFIED MAIL LAWRENCE G.WASOEN February 17,2015 Washington &Idaho Railway P.O.Box 275 Rosalia,Washington 99170 Re:Your Prior Balance and 2013-2014 Unpaid Annual Assessment Fees Attn:Donna Patterson Dear Ms.Patterson: It has come to our attention that Washington &Idaho Railway (“W&1 Railway”or “Company”)has not paid itsannual2013or2014regulatoryfeestotheIdahoPublicUtilitiesCommission.Idaho Code §61-1001 providesthateachrailroad“shall pay to the commission in each year,a special regulatory fee to defray the amount to beexpended...for supervising and regulating ...railroad corporations.”The Company’s outstanding regulatoryfeeis$1,943.57 ($947.31 prior balance from 2012 plus $50.00 assessment for 2013,plus $59.84 in statutoryinterest,plus $776.41 assessment for 2014,plus $1 10.01 in statutory interest).Idaho Code §61-1005 requiresthatrailroadcorporationsshallpaytheirannualregulatoryfee“in equal semi-annual installments on or before the15thdaysofNovemberandMayineachfiscalyear.”As indicated in the attached documents,the CommissionpreviouslymailedW&1 Railway a notice of delinquent payment and invoices for the above-mentioned past dueassessmentfees. Unless the entire outstanding annual fees in the amount $1,943.57 is paid within 10 days,Idaho Code §61-1005authorizestheAttorneyGeneraltocommenceanactiontocollecttheunpaidregulatoryassessments.To avoidfurtherCommissionproceedingsandcourtaction,W&I Railway must immediately pay its past due regulatoryassessments.Any questions concerning the payment of the regulatory assessment may be directed to TamiHumiston,at (208)334-0325 or tamara.humiston@puc.idaho.gov. STATE OF IDAHO U.S.Postal Service TM CERTIFIED MAIL.1 RECEIPT (Domestic Mall Only;No Insurance Coverage Provided) 4For delivery information visit our website at www.usps.com5 Sincerely, D.Neil Price [Deputy Attorney General Enclosures cc:Marie Barratt-Riley Joe Leckie Tami Humiston Exhibit 1 Contracts &Administrative Law Division,Idaho PubBarratt-Riley Affidavit 3oise,Idaho 83720-0074,Telephone:(208)334-0300,FAX:Order No.33330 Located at 472 West Washington St.,Boise, Page 1 of 10 OFFICAL Postage $ Certified Feem Return Receipt Fee(Endorsement Required)D Restricted Delivery Fee(Endorsement Requited) Er W Total Postage &Fees $D Postmad Here Washington &Idaho Railway P0 Box 275 Rosalia,Washington 99170 Attn:Donna Patterson Dear Ms.Patterson: Enclosed is a copy of the Idaho Public Utilities Commission’s (Commission)statement detailing the delinquent assessments owed by the Washington &Idaho Railway (Company)to the Commission.The Company has failed to pay either the 2013 or the 2014 assessments. The purpose of this letter is to request that Washington &Idaho Railway immediately pay the overdue balance of $1,833.56 within 10 days of the receipt of this letter or the Commission will use its statutory authority to seek this amount. Idaho Code 61-1005 provides that “(U)pon failure,refusal or neglect of any public utility or railroad corporation to pay such fee the attorney general shall commence an action in the name of the state to collect the same.”In the event this legal assessment is not paid with the 10 days allowed,the Commission will ask the attorney general to begin the necessary legal action to collect this amount.The delinquent amount is continuing to accrue interest at the legal rate of 6%per annum until such time as the full amount shall be paid.Idaho Code §61-1005. Additionally,the payment of this assessment does not relieve the Company of its ongoing legal obligation to report its annual assessment for 2015.The form for the 2015 assessment will be mailed in approximately one month,and the return needs to be filed with the Commission on or before April 1,2015. If you need to contact someone at the Commission,you may speak with Maria Riley-Barratt at 208-334-0337.Thank you for your attention to this matter. Sincerely, V.Joe Leckie Executive Administrator, Idaho Public Utilities Commission Exhibit 1 Barratt-Riley Affidavit Order No.33330 Page 2 of 10 C.C.Butch Otter,Governor Paul Kjellander,Commissioner Mack A.Redford,Commissioner Marsha H.Smith,Commissioner WASHINGTON &IDAHO RAILWAY P0B0X275 ROSALIAWA 99170 Statement Date 2/10/20 15 Payment Due 2/10/20 15 Account #WAI-R Date Transaction Amount Balance 12/31/2012 Balance forward 0.00 02/11/2013 [NV #PRIOR BAL.947.31 947.31 ---Prior Assessment Balance $947.31 04/19/2013 INV#2013-021.50.00 997.31 ---2013 Utility Assessment $50.00 02/11/2014 [NV #2014-LNT-13.59.84 1,057.15 ---Assessment Interest $59.84 08/06/2014 [NV #2014-309.776.41 1,833.56 ---2014 Railroad Assessment $776.41 01/22/2015 INV#2015-INT-16.110.01 1,943.57 ---Assessment Interest $110.01 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYSCURRENT1-30 DAYS PAST DUE DUE DUE PAST DUE Amount Due 0.00 110.01 0.00 0.00 1,833.56 $1,943.57 Outstanding balances after November 15,2014 will be assessed with a 6%interest fee. Please contact Tami Humiston at (208)334-0325 or by email at tamara.humiston@puc.idaho.gov if you have any questions or need additional information. Exhibit I Barratt-Riley Affidavit Order No.33330 Page 3 of 10 Idaho Public Utilities Commission RO.Box 83720,Boise,ID 83720-0074 Paul Kjetlander,President Marsha H.Smith,Commissioner _______________ Mack A.Redford,Commissioner PAYMENT DUE MAY 15,2012 INVOICE NO 4441Authority:Idaho Code §61-1001 and 62-611 Company ID:WM-R April 23,2012DONNAPATTERSON WASHINGTON &IDAHO RAILWAY P.O.BOX 275 ROSALIA,WA 99170 WASHINGTON &IDAHO RAILWAY Reported 2011 Gross Intrastate Operating Revenues (GIOR)of $113,328.00 See note I See note See note 2 Note 1:Amounts in the unpaid assessment and interest boxes must be paid in fullbyMay15,2012,to bring your account into compliance.If both amounts arezeroyouhaveareportedGIOR,your company is in compliance at this date. Note 2:The 2012 assessment fee may be paid in equal semi-annual installments.The first installment of the regulatory fee is due no later than May 15,2012.ThesecondinstallmentisduenolaterthanNovember15,2012.Installment paymentsreceivedafterthosedatesshallaccrueinterestat6%.The entire annualregulatoryfeemaybepaidnolaterthanMay15,2012.This assessment fee is determined by multiplying reported GIOR timesanassessmentrate.The rate is determined pursuant to Idaho Code §61-1004.For 2012 the assessment rate for railroads is .8359%(.Ot)8359)by commissionorderno.32522.The minimum fee is $50.00. ANY UTILITY OR RAILROAD OBJECTING TO THE ASSESSMENT STATED ABOVE MAYFILEANOBJECTIONWITHTHECOMMISSIONPURSUANTTOIdahoCode§61-1007. Please contact David Hattaway with questions or comments:(208)334-0337 or david.hattawaytI’puc.idaho.ov Remittance Advice for:WAI-R Please tear of this portion of invoice and return with paymentPleasemakechecksormoneyorderspayabletotheIdahoPublicUtilitiesCommission.remit-to address is P0 Box $3720 Boise,ID 83720-0074InvoiceNo.4441 Amount Remitted Company Id:WAI-R ] Exhibit I Barratt-RiIey Affidavit Order No.33330 IDAHO PUBLIC UTILITIES COMMISSION INVOICE FOR 2012 ANNUAL ASSESSMENT FEE I Unpaid assessment as of this date 0 I Interest on unpaid assessment at 6%(Idaho Code §6 1-1005)0 I 2012 assessment fee 9473J Total amount due 947.31 I Page 4 of 10 PAYMENT DUE NOVEMBER 15,2012 Authority:Idaho Code §6 1-1001 and 62-611 IDAHO PUBLIC UTILITIES COMMISSION INVOICE FOR 2012 ANNUAL ASSESSMENT FEE Paul Kjellander,President Marsha H.Smith,Commissioner Mack A.Redford,Commissioner October 24,2012 INVOICE NO 4510 Company ID:WM-R DONNA PATTERSON WASHINGTON &IDAHO RAILWAY P.O.BOX 275 ROSALIA,WA 99170 Full Year Assessment Fee Payment is now due and payable The Amount Due is $947.31 Please remit by November 15,2012 Please contact David Hattaway with questions or comments:(208)334-0337 or david.hattaway(iiipuc.idaho.gov Remittance Advice for:WM-R Please tear of this portion of invoice and return with paymentPleasemakechecksormoneyorderspayabletotheIdahoPublicUtilitiesCommission.remit-to address is P0 Box 83720 Boise,ID 83720-0074 Invoice No.4510 Amount Remitted Company Id:WM-R Exhibit 1 Barratt-Riley Affidavit Order No.33330 Page 5 of 10 PAYMENT DUE MAY 15,2013 Authority:idaho Code §61-1001 and 62-611 WASHINGTON &IDAHO RAILWAY P.O.BOX 275 ROSALIA,WA 99170 IDAHO PUBLIC UTILITIES COMMISSION INVOICE fOR 2013 ANNUAL ASSESSMENT FEE Paul Kjellander,President Marsha H.Smith,Commissioner Mack A.Redford,Commissioner INVOICE NO 2013-021 CompanylD:WAI-R DONNA PATTERSON April 19,2013 Reported 2012 Gross Intrastate Operating Revenues (GIOR)of:S 0.0 See note 1 See note 1 See note 2 ANY UTILITY OR RAILROAD OBJECTING TO THE ASSESSMENT STATED ABOVE MAY FILE AN OBJECTION WITH THE COMMISSION PURSUANT TO Idaho Code §61-1007. Please contact Maria Ban-an-Riley with questions or comments:(208)334-0337 or maria.barratt-riley@puc.idaho.gov Note 1:Amounts in the unpaid assessment and interest boxes must be paid in full by May 15,2013, to bring your account into compliance.If both amounts are zero ni you have a reported GIOR, your company is in compliance at this date. Note 2:The 2013 assessment fee may be paid in equal semi-annual installments.The first installment of the regulatory fee is due no later than May 15,2013.The second installment is due no later than November 15,2013.Installment payments received after those dates shall accrue interest at 6%.The entire annual regulatory fee may be paid no later than May 15,2013. This assessment fee is determined by multiplying reported GIOR times an assessment rate.The rate is determined pursuant to idaho Code §61-1004.For 2013 the assessment rate for railroads is .61 54%(.0061 54)by Commission Order Number 32782.The minimum fee is $50.00. Remittance Advice for:WAI-R WASHINGTON &IDAHO RAILWAY Please make checks or money orders payable to:Idaho Public Utilities Commission P0 Box 83720 Boise,ID 83720-0074 Exhibit I Barratt-Riley Affidavit OrderNo.33330 Page 6 of 10 Unpaid assessment as of this date 947.31 I Interest on unpaid assessment at 6%(Idaho Code §61-1005)0 2013 assessment fee $50.00 Total amount due S 997.31 Invoice No.2013-021 Amount Remitted:S__________________________Company Id:WAI-R Idaho Public Utilities Commission P.O.Box 83720,Boise,ID 83720-0074 WASHINGTON &IDAHO RAILWAY P0 BOX 275 ROSALIAWA 99170 CL.Butch Offer,Governor Paul Kjellander,Commissioner Mack A.Redford,Commissioner Marsha H.Smith,Commissioner Interest Invoice Date Invoice No. 2/11/2014 201 4-INT-13 The 2014 assessmentfee may be paid in equal semi-annual installments.The first installment of the regulatoiyfee is due no later than May 15,2014.The second installment is due no later than November 15,2014.Outstanding balances after November 15,2014 will be assessed with a 6% interest fee. PLease make checks or money orders payabLe to: Idaho Pubtic Utilities Commission PC BOX 83720 BOISE ID 83720-0074 Please contact Tami Humiston with questions or comments:(208)334-0325 or tamara.humiston@puc.idaho.gov Remittance advice for: WASHINGTON &IDAHO RAILWAY Account No.WAI-R Invoice No.2014-INT-13 Remittance amount:$ Exhibit 1 Barratt-Riley Affidavit Order No.33330 Page 7 of 10 Account No.WAI-R Due Date Description Assessment Amount Interest assessed on account balance after November 15 59.84 5/15/2014 Total $59.84 WASHINGTON &IDAHO RAILWAY P0 BOX 275 ROSALIAWA 99170 WAI-R I The 2014 assessment fee for utilities is .2371%and .5327%for railroads by Commission Order Number 33017 and 3301$respectively.The minimum Total assessment fee is $50.00. The 2014 assessmentfee may be paid in equal semi-annual installments.The first installment ofthe regulatoryfee is due no later than May 15,2014.The second installment is due no later than November 15,2014.Outstanding balances after November 15,2014 will be assessed with a 6% interest fee. ANY UTILITY OR RAILROAD OBJECTING TO THE ASSESSMENT STATED ABOVE MAY FILE AN OBJECTION WITH THE COMMISSION PURSUANT TO IDAHO CODE 61-1007. Ptease make checks or money orders payab[e to: Idaho PubLic UtiLities Commission P0 BOX 83720 BOISE ID 83720-0074 Please contact Tami Humiston with questions or comments:(‘208,)334-0325 or tamara.humistonpuc.idaho.gov Remittance advice for: WASHINGTON &IDAHO RAILWAY Account No.WAI-R Invoice No.2014-309 Remittance amount:$ Exhibit I Barratt-Riley Affidavit OrderNo.33330 Page 8 of 10 Idaho Public Utilities Commission P.O.Box 83720,Boise,ID 83720-0074 C.L.Butch_Otter,Governor Paul Kjellander,Commissioner Mack A.Redford,Commissioner Marsha H.Smith,CDmmissioner Assessment Invoice Account No. Date Invoice No. 8/6/2014 2014-309 I Due Date I 8/6/2014 2014 GIOR Amount Description Assessment Amount 2014 Railroad Assessment .5327%776.41 $776.41 Idaho Public Utilities Commission RO.Box 83720,Boise,10 83720-0074 WASHINGTON &IDAHO RAILWAY P0 BOX 275 ROSALIAWA 99170 CL.Butch Otter,Governor Paul Kjeflander,Commissioner Mack A.Redford,Commissioner Marsha H.Smith,Commissioner Interest Invoice Date Invoice No.J 1/22/2015 2015-INT-16 The 2014 assessmentfee may be paid in equal semi-annual installments.The first installment ofthe regulatoryfee is due no later than May 15,2014.The second installment is due no later than November 15,2014.Outstanding balances after November 15,2014 wilt be assessed with a 6% interest fee. Please make checks or money orders payable to: Idaho PubLic Utilities Commission P0 BOX 83720 BOISE ID 83720-0074 Please contact Taini Huiniston with questions or cointnents:(208]334-0325 or tamara.humistonpuc.idaho.gov Remittance advice for: WASHINGTON &IDAHO RAILWAY Account No.WAI-R Invoice No.2015-INT-16 Remittance amount:$ Exhibit 1 Barratt-Riley Affidavit Order No.33330 Page9oflo Account No.WAI-R Due Date 1/22/2015 Description Assessment Amount Interest assessed on account balance after November 15 110.01 Total $110.01 Idaho Public Utilities Commission Ci.Butch Otter,Governor4RO.Box 83720,Boise,ID 83720-0074 Paul Kjellander,Commissioner Mack A.Redford,Commissioner ______ Kristine Raper,Commissioner WASfflNGTON &IDAHO RAILWAY Statement P0 BOX 275 ROSALIAWA 99170 Due Date 5/23/2015 Account #WAI-R Date Transaction Amount Balance 02/11/2013 INV#PRIORBAL.Orig.Amount $947.31.947.31 947.31 ---Prior Assessment Balance $947.31 04/19/2013 1NV #2013-021.Orig.Amount $50.00.50.00 997.31 ---2013 Utility Assessment $50.00 02/11/2014 INV #2014-INT-13.Orig.Amount $59.84.59.84 1,057.15 ---Assessment Interest $59.84 08/06/2014 INV #2014-309.Orig.Amount $776.41.776.41 1,833.56 ---2014 Railroad Assessment $776.41 01/22/2015 1NV#2015-ll’JT-16.Orig.Amount $110.01.110.01 1,943.57 ---Assessment Interest $1 10.01 04/22/20 15 INY #2015-020.Orig.Amount $50.00.50.00 1,993.57 ---2015 Railroad Assessment $50.00 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYSCURRENT1-30 DAYS PAST DUE DUE DUE PAST DUE Amount Due 0,00 50.00 0.00 0.00 1,943.57 $1,993.57 Outstanding balances after November 15,2015 will be assessed with a 6%interest fee. Please contact Tami Humiston at (208)334-0325 or by email at tamara.humiston@puc.idaho.gov if you have any questions or need additional information. Exhibit 1 Barran-Riley Affidavit Order No.33330 Page lOoflO