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Kendrick R. Riggs

Direct Phone: 502.560.4222

Kendrick R. Riggs

Kendrick practices as Member from Stoll Keenon Ogden’s Louisville office, where he joined in 1993. He serves as the chair of SKO’s Administrative Law/Regulated Industries Department and Utility & Energy practice group. He also serves as the vice chair of the firm’s board of directors since 2006.

For nearly four decades, Kendrick has represented energy and telecommunications clients throughout Kentucky and Virginia. He routinely appears before state commissions and courts on behalf of clients, providing his expertise on complex issues ranging from constitutional challenges of utility laws to construction of generation and transmission facilities.

Utility & Energy: In Kentucky, Kendrick has represented two of the largest investor-owned energy companies for nearly his entire career in state regulatory matters. He served as lead regulatory counsel in twenty-three electric or gas base rate cases and numerous rate mechanism cases. Beyond litigating and negotiating rate adjustments, he obtained all state regulatory approvals in connection with four multi-billion dollar mergers or acquisitions.

Kendrick presently serves as lead counsel in the approval of renewable power contracts involving one of the largest additive solar power facilities in Kentucky.

In addition, over the last sixteen years, Kendrick has appeared regularly before the Virginia State Corporation Commission in cases involving six base rates, fifteen fuel factor changes, four utility acquisitions, numerous financings and other matters involving an investor-owned electric utility company.

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