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)

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.

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.

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 the early termination of the lease. Almost two years later, after months of investigation, the Kentucky Public Service 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 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.

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.

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).

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.

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.

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.

Gas Storage Field Litigation

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).

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

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).

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).

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).

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)

• 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, KY Oct. 29, 2008
• Law Seminars International Utility Rate Case Conference, speaker, Las Vegas, NV Feb. 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, Kentucky Sep. 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, Kentucky Oct. 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, Florida Jan. 27, 2006
• Electric Power Issues: The Brave New World: Real Time Energy Markets, moderator, Energy & Mineral Law Foundation 29th Annual Mineral Law Conference, Lexington, Kentucky Oct. 14, 2004
• State Regulation and Ratemaking, guest lecturer, University of Kentucky, College of Law, Energy Law Class Nov. 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, Kentucky Oct. 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 Carolina Jun. 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 Carolina Nov. 18-19, 2002
• State Regulation and Ratemaking, guest lecturer, University of Kentucky, College of Law, Energy Law Class Nov. 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, Kentucky Oct. 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, Ohio, Sep. 10-11, 2001
• Acquisitions of U.S. Energy Companies by Foreign Investors, speaker, Energy & Mineral Law Foundation’s Electric Power Industry Special Institute, Columbus, Ohio Jun. 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, Colorado Feb. 11-13, 1998