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Kendrick R. Riggs

Direct Phone: 502.560.4222

Kendrick R. Riggs

Kendrick is a Member in Stoll Keenon Ogden’s Louisville office. He chairs both the firm’s Administrative Law/Regulated Industries Department and its Utility & Energy practice group. He joined Stoll Keenon Ogden in 1993 and served as vice chair of the firm’s board of directors from 2006 to 2022.

Kendrick has represented energy and telecommunications clients throughout Kentucky and Virginia for nearly four decades. 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 rate cases and mergers or acquisitions.

Utility & Energy: Kendrick has represented Kentucky’s  two largest investor-owned energy companies in state regulatory matters for nearly his entire career. He has served as lead regulatory counsel in more than 25 electric or gas base rate cases and numerous rate mechanism cases. Beyond those cases, he has obtained all state regulatory approvals connected with four multibillion-dollar mergers or acquisitions.

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

Outside Kentucky, Kendrick has appeared before the Virginia State Corporation Commission for more than twenty years in cases involving ten base rates, nineteen fuel factor changes, four utility acquisitions, numerous financings and other matters involving investor-owned electric utility companies.

As a civic leader, Kendrick served as the Chairman of the Board for the Louisville Legal Aid Society, a non-profit organization that provides free civil legal assistance on issues related to income, family, housing, safety, and health to low-income individuals and families from 2018 through 2022 and continues to serve as a member of the board. He also serves as a member of the Board of Directors and its Finance Committee for Greater Louisville, Inc.

 

Work Highlights

Amicus Counsel

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

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

Related Practices: Utility & Energy

Rate Cases

Since 2009, Kendrick has served as lead counsel in nine gas and electric base rate cases before the Kentucky Public Service Commission and seven electric base rate cases before the Virginia State Corporation Commission that resulted in the approval of changes in electric or gas 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 in 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 Public Service Commission that involved 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 Public Service 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 to 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 to 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, Kendrick obtained a favorable published decision from the Kentucky Supreme Court involving the constitutionality of a ratemaking statute in Kentucky Industrial Utility Customers, Inc. v. Kentucky Utilities Co., 983 S.W.2d 493 (Ky. 1998).

Related Practices: Utility & Energy

Defense of Consumer Rate Complaints

From 1998 to 2000, Kendrick was lead counsel on applications for alternative methods of regulation and in defense of consumer rate complaints before the Kentucky Public Service 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 15-year state precedent.

Related Practices: Utility & Energy

Rate Case

From 1991 to 1993, Kendrick was case manager and trial counsel for Virginia Power’s three successive base rate cases, which involved 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

Kendrick 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

Kendrick 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

Kendrick served as a member of the litigation team that successfully invalidated minimum price laws in Kentucky Milk Mktng. & Antimonopoly Comm’n. v. Kroger Co., 691 S.W.2d 893 (Ky. 1985).

Related Practices: Utility & Energy

Workers’ Compensation Reversal of Opinion

Kendrick obtained a decision from the 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

Kendrick brought action on behalf of a major grocery chain claiming Sherman Act and Kentucky Constitution violations by a state agency in Kentucky Milk Mktng. & Antimonopoly Comm’n. v. Kroger Co., 691 S.W.2d 893 (Ky. 1985). The result invalidated state statutes regulating milk marketing.

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