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object to the rate schedules sUbmitted during the ordinary course of the <br />tariff approval process. <br /> <br /> CONCLUSIONS OF LAW <br /> <br />1. The Commission has jurisdiction over this rate change <br /> <br />application pursuant to Sections 17(e) and 43 of the Public Utilits <br />Regulatory Act, Texas Revised Civil Statutes Annotated Article 1446c <br />(SuPp. 1980). However, the rates set herein shall be applicable only to <br />those customers lying outside the incorporated municipalities served at <br />retail by the Lower Colorado River Authority, i.e., those customers outside <br />the Cities of San Marcos, Kerrville, and San Saba. <br /> <br /> 2. Lower Colorado River Authority has the burden of proof to <br />establish its revenue deficiency under its present rates and to establish <br />the amount of such deficiency that will be collected under its proposed <br />rates pursuant to Section 40(b) of the Public Utility Regulatory Act. <br /> <br /> 3. Lower Colorado River Authority has proved that it is entitled, to <br />additional annual revenues in the am'ount of $1,845,255. <br /> <br /> 4. The rates pr~escribed her~ein will allow Lower Colorado River <br />Authority to recover its operating expenses, together with a reasonable <br />return on its invested capital, pursuant to the provisions of Section 39 of <br />the Public Utility Regulatory Act. <br /> <br /> 5. The rates prescribed herein will yield no more than a fair return <br />upon the adjusted value of the invested capital used and useful by Lower <br />Colorado River Authority in rendering service to the public, as provided by <br />Section 40(a) of the Public Utility Regulatory Act. <br /> <br /> 6. The rate structures as set out in Finding of Fact No. 9 above are <br />just and reasonable and are not unreasonably preferential, prejudicial, or <br />discriminatory, as provided by Section 38 of the Public Utility Regulatory <br />A~t. <br /> <br /> 7. The rates set forth in Finding of Fact No. 9 above are based upon <br /> the adjusted value of property used and useful in providing service, as <br /> provided in Section 41(a) of the Public Utility Regulatory Act. <br /> <br />-4- <br /> <br /> <br />