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Kendrick R. Riggs

Member, Louisville

Kendrick is a Member in the Louisville office and has been with Stoll Keenon Ogden since 1993. The chair of the firm’s Administrative Law/Regulated Industries department and Utility and Energy practice, he also serves as vice chair of the firm’s board of directors.

For more than three decades, Kendrick has routinely appeared before state commissions and courts, representing energy and telecommunications clients in adversary proceedings and alternative dispute resolutions involving complex energy issues, rate cases and mechanisms, mergers and acquisitions, renewable energy, financings, service territorial disputes, legislation, negotiation of power contracts, and construction of generation and transmission facilities.

Kendrick has served as lead regulatory counsel for the two largest investor-owned electric and gas utilities in numerous significant electric and gas base rate cases before the Kentucky Public Service Commission since 2000. He also provided general legal and strategic advice and served as lead regulatory counsel for obtaining all state regulatory approvals in connection with a series of four mergers or acquisitions involving the two largest investor-owned electric and gas utilities in Kentucky, beginning with the 1997-98 acquisition of KU Energy Corporation, the $3.3 billion acquisition in 2000, the $14 billion acquisition in 2001 and the $7.6 billion acquisition in 2010.

Since 1993, Kendrick has served as lead regulatory counsel for environmental surcharge applications for one or both of the two largest investor-owned electric utilities in Kentucky.

In addition, over the last 15 years, Kendrick has appeared regularly before the Virginia State Corporation Commission in cases involving base rate cases, fuel factor changes, financings, rulemakings, utility acquisitions and other matters involving investor-owned electric utility regulations.

Practices
Education
University of Kentucky College of Law
1982, J.D.
Wittenberg University
1979, B.A., cum laude
Admissions
Kentucky
Virginia
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Western District of Kentucky

Recognition

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® since 1995
  • Best Lawyers in America®, Lawyer of the Year, 2015, 2017, 2019
  • Best Lawyers in America®, 1995 - present
  • BTI Client Service All-Star, 2012, 2013 and 2014 (only Kentucky attorney in 2012 and 2013)
  • Louisville Magazine, Top Lawyer in Louisville, Kentucky, 2006
  • Louisville Magazine, Top Lawyer, Administrative Law, 2012 - present
  • Chambers USA, Leading Lawyer for Business, Utilities, since 2010
  • Kentucky Super Lawyer, Utilities, 2007-2018
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Affiliations

  • BTI Client Service All-Star, 2012-2014
  • Energy Bar Association, board member, 2009-2012
  • EBA Southern Chapter, vice president, 2007
  • EBA East Central Chapter, past president, 2001-2002
  • EBA Southern Chapter, board of directors, 2003-2012
  • EBA State Commission Practice and Regulation Committee, chair, 2005-2007
  • Energy & Mineral Law Foundation, trustee at large, 2001-present
  • EMLF Executive Committee, member, 2004-2006
  • Louisville Legal Aid Society, chairman, board of directors, 2018-2020
  • Greater Louisville, Inc., board member, present; 2017 planning committee
  • Legal Aid Society Justice for All Campaign, chair, 2011
  • Cub Scout Pack 313, Holy Trinity Catholic Church, den leader, 1998-2002
  • Boy Scout Troop 317, Assistant Scout Master, Christ Church United Methodist, 2002-2009
  • Louisville and Jefferson County Human Relations Commission Member, 1984-1986
  • Eagle Scout 1974
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Work Highlights

Amicus Counsel

Public Service Comm’n v. Com. ex rel Conway, 324 S.W.3d 373 (Ky. 2010).

Public Service Comm’n v. Com., 320 S.W.3d 660 (Ky. 2010).

Related Practices: Utility & Energy

Rate Case

Since 2009, Kendrick served as lead counsel in four electric base rate cases before the Virginia State Corporation Commission that resulted in the approval of increases in electric base rates.

Related Practices: Utility & Energy

Investor-owned Public Utility

In 2007, Kendrick provided regulatory advice on fuel adjustment clause policy issues to an investor-owned, publicly traded electric utility. (Halifax, Nova Scotia).

Related Practices: Utility & Energy

Early Lease Termination

From 2007 through 2009 Kendrick served as lead regulatory counsel for a utility holding company in a major regulatory matter before the Kentucky Commission involving the early termination of a 25-year facility lease with a generation and transmission cooperative corporation and 10-year power supply contracts for two large industrial customers. In April 2007, the utility holding company and cooperative corporation agreed to end the lease early. Almost two years later, after months of investigation, the Kentucky Commission approved the transaction, which closed in mid-2009.

Related Practices: Utility & Energy

Wireless Carriers

In 2006, Kendrick was state regulatory counsel for two wireless carriers in connection with an arbitration proceeding initiated by rural telephone cooperatives concerning interconnection agreements.

Related Practices: Utility & Energy

Electric Utilities Counsel

From 2003-2006, Kendrick was lead state regulatory counsel for two electric utilities in connection with their successful and complete withdrawal from the Midwest Independent Transmission System Operator.

Related Practices: Utility & Energy

Telecommunications

From 2002-2004, Kendrick was state regulatory and litigation counsel for a telecommunication backbone carrier in connection with real estate, right-of-way, municipal law and regulatory issues.

Related Practices: Utility & Energy

Utility Rate Litigation

Following four years of litigation, obtained favorable published decision from Kentucky Supreme Court involving constitutionality of ratemaking statute in Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Company, 983 S.W.2d 493 (Ky.1998).

Related Practices: Utility & Energy

Defense of Consumer Rate Complaints

From 1998-2000, Kendrick was lead counsel on applications for alternative methods of regulation and in defense of consumer rate complaints before the Kentucky Commission.

Related Practices: Utility & Energy

Modification of 15-Year State Precedent

In 1993, Kendrick obtained a favorable decision from the Virginia State Corporation Commission involving outdoor lighting to general service customers in Case No. PUE 910079 (1993), modifying a fifteen year state precedent.

Related Practices: Utility & Energy

Rate Case

From 1991 through 1993, Kendrick was case manager and trial counsel for Virginia Power's three successive base rate cases involving approximately $500 million in interim rates and requested relief.

Related Practices: Utility & Energy

Gas and Electric Utility Litigation

In 1990, Kendrick obtained a favorable decision involving the terms of gas storage field lease in Huff v. Lou. Gas & Elec. Co., No. 89-CA-771 (Ky. App. 1990). (Opinion not published).

Related Practices: Utility & Energy

intraLATA Competition

Successfully argued to the Kentucky Public Service Commission that it should allow full intraLATA competition in "In the Matter of: In Re IntraLATA Toll Competition," 110 PUR4th 414 (March 28, 1990).

Related Practices: Utility & Energy

Litigation of Oil and Gas Lease

Obtained a favorable decision from the Kentucky Court of Appeals involving an oil and gas storage lease in Oliver v. Lou. Gas & Elec. Co., 723 S.W.2d 509 (Ky. App. 1987).

Related Practices: Utility & Energy

Invalidated Minimum Price Laws

Member of litigation team which successfully invalidated minimum price laws in Kentucky Milk Marketing and Antimonopoly Comm. v. The Kroger Co., 691 S.W.2d 893 (Ky. 1985).

Related Practices: Utility & Energy

Workers’ Compensation Reversal of Opinion

Obtained a decision from Kentucky Supreme Court that reversed the Kentucky Court of Appeals and affirmed a decision by the Workers' Compensation Board in Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky. 1985).

Related Practices: Utility & Energy

Antitrust, Constitutionality of State Law

Brought action on behalf of major grocery chain claiming Sherman Act and Kentucky Constitution violations by state agency.  Result invalidated state statutes regulating milk marketing.  Kentucky Milk Marketing & Antimonopoly Com. v. Kroger Co., 691 S.W. 2d 893 (1985).

Class Action Litigation Defense – Appellate

From 1983 through 1986, Kendrick obtained favorable decisions from the trial court, the Court of Appeals, the Kentucky Supreme Court and the United States Supreme Court concerning a class action suit against CATV operators and local utilities for trespass in Michaels et al. v. Times Mirror Cable Television et al., Circuit Court No. 83-CI-07641, aff'd, Kentucky Court of Appeals No. 85-CA-1081, aff'd on other grounds, Supreme Court of Kentucky, No. 86-C-123, cert. denied, United States Supreme Court. (Opinions not published)

Related Practices: Utility & Energy
News Publications Seminars
 "Trends and Projections in Electric Supply and Demand,” panel moderator, Kentucky Mineral Law Conference, Lexington, KY, Oct. 18, 2017
"Using Affiliates for Non-Electric Products and Services," co-speaker, The Prime Group, LLC's 2008 Electric Cooperate Rate Conference, Louisville, KYOct. 29, 2008
Law Seminars International Utility Rate Case Conference, speaker,  Las Vegas, NVFeb. 8, 2008
"Alternative Dispute Resolution and Settlement Strategies: Effective Strategies for Stakeholders - A Utility's Perspective," panelist 
"Large Power Contracts," co-speaker, The Prime Group, LLC's 2007 Electric Cooperate Rate Conference, Louisville, KentuckySep. 25, 2007
"Mergers and Acquisitions: The View From the State Regulatory Perspective," moderator, Energy Bar Association 61st Annual Meeting, Washington, D.C.April 25, 2007
“Electric Power Industry Issues,” moderator, Energy & Mineral Law Foundation 31st Annual Mineral Law Conference, Lexington, KentuckyOct. 5, 2006
"Panel on State Regulation After the Repeal of PUHCA," moderator, Annual Meeting of the Energy Bar Association, Washington, D.C.Apr. 27, 2006
"Negotiating Coal Supply Contracts," panelist and "Understanding the Unique Perspective of the Utility Purchaser,” introductory speaker, Energy & Mineral Law Foundation Winter Workshops on Energy Law, Fort Myers Beach, FloridaJan. 27, 2006
"Electric Power Issues: The Brave New World: Real Time Energy Markets," moderator, Energy & Mineral Law Foundation 29th Annual Mineral Law Conference, Lexington, KentuckyOct. 14, 2004
"State Regulation and Ratemaking," guest lecturer, University of Kentucky, College of Law, Energy Law ClassNov. 17, 2003
"Electric Power Transmission Issues - RTOs and Mixed Messages," speaker, Energy & Mineral Law Foundation and the University of Kentucky Mineral Law Center's 28th Kentucky Mineral Law Conference, Lexington, KentuckyOct. 16, 2003
"Reporting Client Misconduct: Whistle Blowing and Going Up the Corporate Ladder After Enron," panelist, Energy & Mineral Law Foundation 24th Annual Institute, North Myrtle Beach, South CarolinaJun. 1-3, 2003
"Fuel Choice for the power Industry: Supply, Economics & the Environment," program chair, Energy & Mineral Law Foundation/Energy Bar Association Electric Power Industry Special Institute, Charleston, South CarolinaNov. 18-19, 2002
"State Regulation and Ratemaking," guest lecturer, University of Kentucky, College of Law, Energy Law ClassNov. 14, 2002
"Perspectives on Coal Supply Agreements After 2001," speaker, Energy & Mineral Law Foundation and the University of Kentucky Mineral Law Center's 27th Kentucky Mineral Law Conference, Lexington, KentuckyOct. 10, 2002
"Restructuring the Electric Power Industry at the Federal and State Levels: Is Anybody Out There Happy?," moderator, Energy & Mineral Law Foundation's Energy Policy and the Electric Power Industry Special Institute, Cincinnati, OhioSep. 10-11, 2001
"Acquisitions of U.S. Energy Companies by Foreign Investors," speaker, Energy & Mineral Law Foundation's Electric Power Industry Special Institute, Columbus, OhioJun. 21-22, 2000
"Radical Changes at Electric Utilities: Why Buy a Baseball Stadium," moderator, Energy & Mineral Law Foundation's Restructuring the Electric Power Industry, Cincinnati, OhioJun. 25-26, 1998
"Ethical Tensions in a Restructured Utility Environment,” speaker, American Bar Association - Section of Natural Resources, Energy and Environmental Law's Conference on Electricity law and Regulation, Denver, ColoradoFeb. 11-13, 1998