Are there any confirmed miners like cgminer that will work or has worked with them?
They had stated that they would be using a version of CGMiner, but Kano pointed out that they cannot use an altered version of CGMiner without first releasing their code changes, which they have not done.
Kano is wrong, if he actually said this. The license cgminer and BFGMiner are distributed under allows them to keep their code semi-private, so long as they ship the devices with the code (including instructions for putting it on the device). Of course, any customer who receives this may do what they want with it (including send it to Con), but there is no reason to assume they need to send it to him themselves beforehand.
Also, I'm not aware of any statement that they are switching to the cgminer fork instead of sticking with BFGMiner.