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Home My WebLink About20210115Decision Memo.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: EDWARD JEWELL DEPUTY ATTORNEY GENERAL DATE: JANUARY 15, 2021 SUBJECT: IN THE MATTER OF THE APPLICATION OF AVISTA CORPORATION FOR AN ORDER APPROVING THE EXTENSION OF A SERVICE TERRITORY AGREEMENT BETWEEN AVISTA AND KOOTENAI ELECTRIC COOPERATIVE; CASE NO. AVU-E-21-02. On January 11, 2021, Avista Corporation (“Avista” or “Company”) filed an Application requesting the Commission approve an amendment to the Service Territory Agreement (“Agreement”) between Avista and Kootenai Electric Cooperative, Inc. (“KEC”). BACKGROUND The Agreement contains a provision that automatically extends the Agreement for successive periods of 10 years unless one of the parties elects to terminate the Agreement. The current term of the Agreement is set to expire on February 15, 2021. Avista states that it has been in negotiations with KEC for a new service territory agreement. To provide additional time to complete negotiations on a new service territory agreement, without committing to another 10- year term, KEC and Avista agreed to the proposed amendment, which provides for automatic renewal of the Agreement for successive 12-month terms. STAFF RECOMMENDATION Staff recommends the Commission issue a Notice of Application and Notice of Modified Procedure and establish a 14-day comment period and a 1-day reply comment period. The shorter than typical schedule is designed to allow sufficient time for Staff review and public input while also providing time for the Commission to issue an order prior to February 15, 2021. Staff informally conferred with the Company and the Company concurs with the proposed schedule. DECISION MEMORANDUM 2 COMMISSION DECISION Does the Commission wish to issue a Notice of Application and Notice of Modified Procedure and establish a 14-day comment period and a 1-day reply comment period? __________________________ Edward J. Jewell Deputy Attorney General I:\Legal\ELECTRIC\AVU-E-21-02\memos\AVUE2102_dec memo_ej.docx