With more than 30 years of experience in the dynamic field of energy regulation, Paul Forshay advises clients on compliance with federal and state regulations and represents them in certificate and ratemaking proceedings before the Federal Energy Regulatory Commission (FERC) and state commissions. A member of Sutherland's Energy Practice Group, Paul co-chairs the liquefied natural gas (LNG)/natural gas regulatory practice. His work spans issues concerning oil and natural gas pipelines, LNG, compressed natural gas (CNG) projects and electric power transmission, and includes policy formation and agency rule-makings.
According to clients, Paul has extensive experience in FERC matters and is a “very level-headed lawyer” whose “measured and rational demeanor is the key to his successful representation.” Clients report that his “intellect, experience and knowledge allow him to be quick on his feet, deftly shifting between the roles of litigator and collaborator.” Paul also possesses a “practical understanding of the commercial side of the business and keeps the client's overarching goals in mind in regulatory negotiations, ” and takes “complex issues and describes them in a way that is very easy to understand” (From Chambers USA 2016).
Paul's natural gas credentials include substantial experience in natural gas pipeline rate case litigation and complaint proceedings, in which he has dealt extensively with cost allocation, rate of return, rate design, seasonal rate and discounted/negotiated rate issues. Paul regularly advises clients regarding compliance with FERC's Natural Gas Act regulations and policies, including capacity-release requirements, affiliate transactions and reporting obligations. He also advises clients regarding certificate matters for natural gas pipelines and LNG terminals and CNG projects, as well as Natural Gas Policy Act Section 311 pipeline matters. Paul routinely counsels clients on gas transportation agreements, precedent agreements, asset management agreements, open season procedures, tariff interpretation, pipeline construction and safety regulations, and import/export regulations.
Paul's oil pipeline experience includes representing both pipeline and shipper interests in FERC rate cases, as well as crafting protests and complaints under FERC's Interstate Commerce Act regulations. Paul has led pipeline regulatory due diligence and compliance efforts concerning federal and state regulatory requirements applicable to the disposition of crude oil and liquids pipelines and to new pipeline construction. Paul also has counseled pipeline clients on a variety of jurisdictional and regulatory compliance matters, and he has advised shipper clients regarding open season participation and capacity access matters including capacity allocation and buy/sell transactions.
On the power side, Paul has litigated affiliate abuse and market-based rate disputes regarding wholesale power purchase agreements before the FERC. He also has experience with transmission ratemaking, including FERC's formula transmission rates, and has advised clients concerning participation in PJM capacity markets and FERC Order No. 1000.
At the state level, Paul has participated in a variety of electric and gas utility rate cases and merger and acquisition proceedings before public utility commissions on behalf of large commercial and industrial energy consumers. Paul played an active role in restructuring retail power markets in New Jersey and Ohio, and has advised clients on state regulations governing participation in restructured retail energy markets, licensing requirements for power marketers, the disposition of retail market contracts, state-mandated wholesale power auctions and renewable portfolio standards. Paul has assisted clients with regulatory due diligence and compliance efforts regarding utility bypass pipeline projects.
Serves as lead counsel to a major international energy company regarding multi-jurisdictional regulatory requirements applicable to the sale or transfer of crude oil and liquids pipeline assets.
Represents a large energy user coalition in electric and gas utility ratemaking and policy matters before the New Jersey Board of Public Utilities.
Represents an independent power producer, an electric utility and industrial end users in Natural Gas Act section 4 and section 5 matters, and in rulemakings before FERC.
Awards and Rankings
Recognized by Expert Guides in the area of energy and natural resources (2016)
Recognized by The Legal 500 United States in the area of energy: transactions (2015) and energy: regulatory (2016)