Lindsay A. Berkstresser is a Principal in the firm's Energy & Utilities and Health Care Practice Groups. She concentrates her practice on counseling and representing clients in highly regulated industries who are faced with complex regulatory challenges at the state and/or federal levels. She focuses primarily on clients in the health care and energy industries, and her clients include natural gas and electric utilities, oil pipelines, long-term care and acute care providers, hospitals, and health systems.
Ms. Berkstresser:
- Counsels health care and energy companies in all aspects of administrative and civil litigation and appeals.
- Advocates for clients before regulators at the state and federal levels, including the Federal Energy Regulatory Commission (FERC), the Pennsylvania Department of Health (PA DOH), and the Pennsylvania Public Utility Commission (PA PUC), as well as other state regulatory commissions.
- Defends clients facing allegations of regulatory violations.
- Advises clients on business transactions and contract matters.
In 2021, Ms. Berkstresser was named by Central Penn Business Journal to its "Women to Watch" list as part of its annual Women of Influence Awards. In 2022 and 2023, she was named a Pennsylvania Super Lawyer Rising Star in the category of Energy & Resources. For information about these selections and an overview of common third-party publications, rankings, and list methodologies, click here.
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Energy Industry
- Achieved rate increases for utilities in their comprehensive base rate cases.
- Represented natural gas distribution companies in their Section 1307(f) purchased gas cost proceedings.
- Represented utility in a petition to increase its distribution system improvement charge rate cap above the statutorily established rate cap.
- Developed compliance training programs for natural gas companies on the Federal Energy Regulatory Commission’s (“FERC”) standards of conduct, capacity release regulations, and critical energy infrastructure information.
- Represented natural gas utilities in NGA Section 4 general rates case.
- Obtained regulatory approval for electric utility’s corporate restructuring.
- Obtained regulatory approval for electric transmission line projects.
- Represented utility in default service plan proceedings.
- Counseled electric company regarding implementation of its Act 129 energy efficiency and conservation program.
- Defended utilities against complaints before the Pennsylvania Public Utility Commission.
- Defended midstream oil pipeline against challenge to its market-based rate authority before FERC.
Health Care Industry
- Challenged citations and penalties arising from Centers for Medicare & Medicaid Services (“CMS”) surveys of nursing and rehabilitation facilities.
- Counseled hospital on compliance with Pennsylvania Department of Health (PA DOH) regulations.
- Assisted skilled nursing facility undergoing change of ownership with state licensure Change of Ownership (“CHOW”) process.
- Conducted HIPAA compliance training sessions for county employees.
- Advised hospital system on newly enacted health care reform legislation.
- Provided contract drafting and review for health care providers.
- Presenter, "Public Utility Investigations," Post & Schell CLE Webinar (October 12, 2023)
- Moderator, "FERC Capacity and Transmission Update," and "Hot Topics in Renewable Energy," Pennsylvania Bar Institute's (PBI) Public Utility Law Conference Electric Update 2021 (October 12, 2021)
- "Energy Project Siting and Development," Issues in Pennsylvania Energy and Electric Utility Regulation, HalfMoon Education CLE Webinar (March 19, 2021)
- "Practice Building Blocks: Energy Infrastructure Siting," American Bar Association's (ABA) Section of Environment, Energy, and Resources Webinar (April 19, 2017)
