Paul Forshay is a member of Sutherland's Energy and Environmental Practice Group and has more than 20 years' experience in energy regulation. His practice encompasses both federal and state energy regulatory matters concerning the electric power, natural gas and oil pipeline industries. Paul has substantial experience in natural gas pipeline, oil pipeline, and electric rate case litigation, complaint, and utility merger proceedings before the Federal Energy Regulatory Commission (FERC). He has dealt extensively with cost allocation, rate of return, rate design, seasonal rate and negotiated rate issues. Paul also has advised clients regarding certificate matters for natural gas pipelines and liquefied natural gas (LNG) terminals. In addition, Paul has litigated affiliate abuse and market-based rate disputes regarding wholesale power sales. Paul regularly advises clients regarding compliance with various aspects of FERC regulations, including capacity-release requirements, affiliate transactions and reporting obligations. Paul also has assisted clients with gas transportation agreements, power purchase and transmission agreements, import/export regulations, and government contract requirements. During the past nine years, he has counseled clients on a variety of LNG-related regulatory issues. At the state level, Paul has participated in a wide variety of utility rate cases before state commissions and played an active role in restructuring retail power markets. He also has litigated utility merger and acquisition proceedings and has advised clients on state regulations governing restructured retail energy markets, licensing requirements for power marketers, state-mandated wholesale power auctions and renewable portfolio standards. Representative state jurisdictions in which Paul has litigated significant matters include Ohio, New Jersey, Pennsylvania and Texas. Paul's clients have included marketers of electric power and natural gas, industrial groups, individual consumers of electric power and natural gas services, and oil pipelines. In addition, Paul serves on Sutherland's Climate Change law team, working with clients to identify and capitalize on opportunities and respond to business challenges impacted by climate change policies and regulations. Representative Experience Paul's experience includes serving as counsel to the following: · Calpine Energy Services before FERC in the Kern River Gas Transmissions Company rate case. · Calpine Energy Services before FERC in Portland Natural Gas Transmission System rate cases. · Calpine Energy Services before FERC in the Maritimes and Northeast Pipeline LLC rate case. · Calpine Corporation and Shell Trading Gas & Power Company before FERC in proceedings involving review of affiliate transactions under FERC's Edgar standards. · Calpine Corporation and Shell Trading Gas & Power Company before FERC in proceedings involving the implementation of market-based rates for wholesale power sales. · A respondent in a FERC complaint proceeding challenging a state-mandated wholesale power auction. · Province of New Brunswick, Canada, before FERC regarding Quoddy Bay and Downeast LNG terminal certificate proceedings. · New Jersey Large Energy Users Coalition in PSE&G/Exelon merger proceedings before the New Jersey Board of Public Utilities and FERC. · New Jersey Large Energy Users Coalition in electric and natural gas rate proceedings before the New Jersey Board of Public Utilities. Professional and Community Involvement · Member, American Bar Association · Member, Energy Bar Association Publications and Speaking Engagements · Author, Ratemaking chapter for the Section's "Developments in Administrative Law and Regulatory Practice" (1998-1999) · Co-author, "Competition Versus Regulation: Reform of Energy Regulation in North America," 12 Journal of Energy & Natural Resources Law, 385-405 (1994) · Speaker, Energy Bar Association Young Lawyers Committee, Washington, DC (April 15, 2010) · Speaker, "State & Federal Energy Policy - What is on the Horizon," Online Green Building Expo (January 12-14, 2010) · Speaker, "Climate Change Issues," New Jersey Pharmaceutical and Food Energy User Group, Bristol-Myers Squibb, Lawrenceville, NJ (October 13, 2009) Industries Crude Oil and Refined Products Electric Power Liquefied Natural Gas (LNG) Natural Gas Legal Alerts Legal Alert: FERC Adopts Transmission Planning and Cost Allocation Reforms July 22, 2011 Legal Alert: Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits May 24, 2011 Legal Alert: PJM Moves to Rein in Demand Response "Double Counting" April 11, 2011 Legal Alert: FERC Proposes Rule to Prohibit Affiliates From Coordinating Bidding in Open Seasons; Settles Allegations of Affiliate Bidding Schemes April 8, 2011 Legal Alert: Details Available Regarding FERC's New Policy Statement on Use of MLPs April 23, 2008 Legal Alert: FERC Issues New Policy Statement on Use of MLPs in Calculating ROE April 17, 2008 Legal Alert: Affirmative Benefits and the Public Interest - A Higher Hurdle for Utility Mergers? March 8, 2007 Legal Alert: FERC Proposes Significant Changes to Open Access Transmission Regulations and Tariff May 24, 2006 Publications Ratemaking chapter for the Section's "Developments in Administrative Law and Regulatory Practice" (1998-1999) Co-authored "Competition Versus Regulation: Reform of Energy Regulation in North America," 12 Journal of Energy & Natural Resources Law, 385-405 (1994) Events Energy Bar Association Young Lawyers Committee April 15, 2010 Online Green Building Expo January 12-14, 2010 New Jersey Pharmaceutical and Food Energy User Group October 13, 2009 Client Groups Electric Power Producers End Users and End User Groups Energy Trading, Marketing & Financial Companies |