20150730final_order_no_33349.pdf

Office of the Secretary
Service Date
July 30.2015
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 NO.33349
_______________________________________________________________________________
)
On June 29,2015,the Commission issued an Order directing Washington and Idaho
Railway (Railroad”)to appear and show cause why it has failed to file its statutorily-required
annual reports and pay its annual regulatory fees for several years.See Order No.33330.The
Commission’s Order also directed the Railroad to show cause why the Commission should not
direct its attorney to seek redress in state district court.The Commission scheduled the show
cause hearing on July 21,2015.Id.at 5.
On the day before the show cause hearing (July 20,201 5),the Railroad filed its 2013
and 2015 annual reports showing its gross intrastate revenues in Idaho.With those annual
revenue reports,Commission Staff was able to calculate the outstanding regulatory fees for
2012.2013,2014,and 2015.Staffas also able to calculate the accrued interest in accordance
with Idaho Code §61-1005.Staff calculated that the Railroad was currently in arrears in the
amount of $3,619.58,including interest.The Railroad failed to appear at the scheduled show
cause hearing.
On July 24,2015,Commission Staff and the Railroad entered into a Consent
Agreement to resolve the outstanding issues in this case.At the same time,the Railroad issued a
check to the Commission for full payment of all outstanding regulatory fees plus interest.As set
out in the Consent Agreement,the Railroad further agrees to submit to a financial audit by the
Commission Staff no later than December 3 1,2015;to file its 2016 annual revenue report on or
before April 1,2016;to pay its full 2016 annual regulatory fee on or before May 15,2016;and to
pay a civil penalty of $2,000 by October 1,2015,with an additional $10,000 civil penalty
withheld pursuant to Idaho Code §6 1-706.
DISCUSSION AND FINDINGS
Based upon our review of the Consent Agreement and the facts of this case,the
Commission finds that the Consent Agreement and its terms are fair,just and reasonable and in
the public interest.Consistent with our Rule 58,‘consent agreements are intended to require
ORDER NO.33349
compliance with existing law.”IDAPA 3 1.01.01.058.We further find that it is reasonable given
the facts of this case for the Railroad to pay a civil penalty of $2,000,pursuant to Idaho Code §sS
61-706 and 61-712B.1 In summary,we find it appropriate to adopt the proposed Consent
Agreement between Washington and Idaho Railway and Commission Staff as a reasonable
resolution of this matter.
ORDER
IT IS HEREBY ORDERED that Washington and Idaho Railway comply with the
provisions of the Consent Agreement.
THIS IS A FINAL ORDER adopting a Consent Agreement.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 30”
day of July 2015.
41UD 1iLtA.
K STINE RAPER,COMMISSIONER
ATTEST:
iL
J n D.Jewel(J
ommission Secretary
O:WAI-R-15-0 lbk3
Idaho Code §61-712 requires that the recovery of civil penalties under Chapter 7 of the Idaho Public Utilities
Laws be paid into the State’s General Fund.
ORDER NO.33349 2