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BOOK ,5 FA CE 835 <br />Administrator Wright requested that the Commission <br />amend the budget now to allow OMB Director Barton to make <br />the appropriate entries in the MSTU so this does not have to <br />be brought back again. <br />ON MOTION by Commissioner Lyons, SECONDED <br />by Commissioner Wodtke, the Board unanimously <br />(4-0) authorized the OMB Director to make the <br />appropriate line item transfer from the MSTU <br />for the study of Hutchinson Utilities, Inc., <br />requested by staff, as follows: <br />Account Title <br />Res. for Contin- <br />gencies <br />Transfers Out <br />Transfers In <br />Other Prof. <br />Services <br />Account No. Increase Decrease <br />004-199-513-99.91 5,000 <br />004-199-513-99.21 5,000 <br />471-000-381-20.00 5,000 <br />471-235-536-33.19 5,000 <br />This concludes the first phase of the hearing. <br />PHASE II: Requested Rate Increase <br />Attorney Micale informed the Board that a substantial <br />portion of the company's utility plant in service represents <br />a plant contributed by its predecessor. In the determina- <br />tion of the company's revenue requirement, depreciation on <br />the contributed plant is treated as an operating expense. <br />In their opinion, the inclusion of the depreciation in this <br />rate making process is in accord with a decision by the <br />Court of Appeals of Florida in the case of Sarasota County <br />vs. Tamaron Utilities, Inc. Attorney Micale believed the <br />decision of the District Court of Appeals is on point with <br />the present situation and he has a copy of the Court's <br />decision which he would like entered into the record of this <br />hearing. <br />31 <br />