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Kendrick R. Riggs

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).

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.

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).

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.

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.

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.

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.

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).

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.

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.

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.

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).

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).

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).

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).

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).

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)