REGULATORY LAW

Berger Law Firm, P.C. is providing representation in all regulatory areas, including the public utility industry, the insurance industry, the health care industry, professional licensing and regulation, and the securities industry.

With 12 years of experience representing the state’s Consumer Advocate office, Tad Berger has the on-hands know-how to provide the highest quality representation before regulatory agencies, whether in setting rates, establishing terms of service, responding to competitor attacks, or addressing consumer complaints.  From 1991 to 2000, Tad was lead counsel and a supervisory attorney in numerous rate-setting and key industry proceedings.  He guided the Consumer Advocate’s litigation and policy development in the regulation of the natural gas industry for seven years, including overseeing the restructuring of that industry.  He handled many of the complex rate-setting issues in the Duquesne Light Company and West Penn Power electric restructuring proceedings and the DQE/APS merger proceedings.  He participated in, or handled, a variety of telecommunications matters, including matters related to the Federal Telecommunications Act of 1996 and Chapter 30 of the state Public Utility Code.  Tad also coordinated the Consumer Advocate’s participation in cases involving large water utilities from 1991-1993, including cases involving the cost recovery of Pennsylvania Gas and Water Company’s new water utility plants that occurred during that period of time.

Tad has extensive litigation and negotiation experience in the regulatory arena.  This includes his experience in presenting, defending, and cross-examining numerous expert witnesses; handling oral and written hearing motions, preparing trial briefs and exceptions; arguing before the Commonwealth Court and the Supreme Court of Pennsylvania.  In the realm of policy development, Tad also submitted comments in numerous rulemakings sponsored by the Public Utility Commission and assisted in comments filed before the Federal Energy Regulatory Commission.

Tad also played an active role in the natural gas restructuring collaborative which led to the draft restructuring legislation that was signed into law in July 1999.

Tad has long been recognized for his excellent legal and negotiation skills in the regulatory arena, including the following:

• Quick study, capable of learning and digesting a complex array of information in a relatively short period of time and then capable of taking timely and decisive action in the representation of clients based upon that information.

• Ability to recognize all sides of an issue and to use that to client’s best benefit, whether in the negotiation of a settlement or in the fashioning of arguments drawing attention to the weakness of other parties’ positions.
  

• Ability to develop innovative solutions to issues, particularly in settlement, resulting from years of experience, thoughtful consideration of the relevant interests at stake, effective communication with the people involved, and a willingness to suggest untried solutions as possible resolutions.
  

• Ability to work at an amicable level with a wide array of people representing different interests as well as with fellow counsel, witnesses, and others involved in the legal process.  
    

• Ability to balance the demands of a substantial case load.