HomeMy WebLinkAbout20210827Decision Memo.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ERICK SHANER
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 27, 2021
SUBJECT: IN THE MATTER OF AVISTA CORPORATION’S APPLICATION FOR
APPROVAL OF AN AMENDED AND RESTATED AGREEMENT FOR
ADMINISTERING RESIDENTIAL DEVELOPMENTS BETWEEN
AVISTA CORPORATION AND KOOTENAI ELECTRIC COOPERATIVE,
INC.; CASE NO. AVU-E-21-12.
On August 5, 2021, Avista Corporation (“Avista” or “Company”) filed an Application
requesting the Commission approve an Amended and Restated Agreement for Administering
Residential Developments (“Amended Agreement”) between Avista and Kootenai Electric
Cooperative, Inc. (“KEC”).
BACKGROUND
On March 21, 2001, the Commission issued Order No. 28681 approving a Service
Territory Agreement between Avista and KEC (“Original Agreement”). Application at 2. On
February 11, 2021, the Commission issued Order No. 34924 approving an amendment to renew
the Original Agreement for successive 12-month terms to provide Avista and KEC time to
complete negotiations on a new service territory agreement to replace the Original Agreement. Id.
2-3. Consistent with the Commission’s February 11, 2021, Order No. 34924, Avista and KEC have
agreed to an Amended Agreement that replaces the Original Agreement, as amended, in its entirety
effective July 26, 2021, or such other date set by the Commission. Id. at 2-3. The Amended
Agreement sets initial terms and renewal terms. Id. at 3. It also clarifies whether Avista or KEC
will have the right to serve defined residential developments. Id. The Amended Agreement further
clarifies other contract terms and conditions. Id.
DECISION MEMORANDUM 2
STAFF RECOMMENDATION
Staff recommends the Commission process the Company’s Application using Modified
Procedure. Staff recommends that the Commission issue a Notice of Application and Notice of
Modified Procedure setting an October 14, 2021, comment deadline for Staff and interested
persons and a reply comment deadline of October 21, 2021, for the Company.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application and Notice of Modified
Procedure, setting an October 14, 2021, comment deadline for Staff and interested persons and an
October 21, 2021, reply comment deadline for the Company?
__________________________
Erick Shaner
Deputy Attorney General
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