- Environmental & Commodities
- Regulatory & Compliance
- Energy Litigation
- Renewable & Alternative Energy
- Trading & Transactions
- Natural Gas
- Government Enforcement & Investigations
|Contact Info||Telephone: 202.383.0708|
|University ||Haverford College, B.A.|
|Law School||American University Washington College of Law, J.D. Member, American University Law Review|
|Admitted||1984, District of Columbia|
Member, American Bar Association
Member, Energy Bar Association
|Born||Brooklyn, New York, April 9, 1959|
With 30 years' experience in the dynamic field of energy regulation, Paul Forshay advises clients on compliance with federal and state regulations and represents them in proceedings before the Federal Energy Regulatory Commission (FERC) and state commissions. His work spans issues concerning oil and natural gas pipelines, liquefied natural gas (LNG), compressed natural gas (CNG) projects and electric power transmission, and includes policy formation and agency rule makings.
A member of Sutherland's Energy Practice Group, Paul co-chairs the LNG/natural gas regulatory practice. His substantial experience includes natural gas and oil pipeline rate case litigation and complaint proceedings and utility merger proceedings before FERC. He regularly advises clients regarding compliance with FERC regulations, including capacity-release requirements, affiliate transactions, reporting obligations and Natural Gas Policy Act (NGPA) Section 311 pipeline matters. Paul also advises clients on gas transportation agreements, precedent agreements, asset management agreements, open season procedures, natural gas and oil pipeline tariff matters, pipeline construction and safety regulations, and import/export regulations.
Paul deals extensively with cost allocation, rate of return, rate design, seasonal rate and negotiated rate issues. He advises clients regarding certificate matters for natural gas pipelines and LNG terminals and CNG projects, as well as federal and state regulatory requirements applicable to the disposition of crude oil and liquids pipelines. In addition, Paul has litigated affiliate abuse and market-based rate disputes regarding wholesale power purchase agreements.
Paul has participated in a variety of electric and gas utility rate cases before state commissions and played an active role in restructuring retail power markets in New Jersey and Ohio. He has litigated utility merger and acquisition proceedings and advises 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.
Sutherland advises a major international energy company regarding federal/state regulatory requirements for sale or transfer of regulated pipeline assets.
Sutherland represents a large energy user coalition in electric/gas utility ratemaking and policy matters before the New Jersey Board of Public Utilities.
Sutherland represents a major independent power producer and major manufacturer in gas pipeline ratemaking and rulemaking proceedings before FERC.
Awards and Rankings
Recognized by The Legal 500 United States in the area of energy: transactions (2015)
Documents by this lawyer on Martindale.com
EPA Methane Regulations for the Oil and Gas Industry
Joshua L. Belcher,Lillian A. Forero,Paul F. Forshay,Jay Holloway,Susan G. Lafferty, August 21, 2015
On August 18, 2015, the Environmental Protection Agency (EPA) announced several proposals, including the first federal regulations, which, if adopted, would require the oil and gas industry to reduce methane emissions.
FERC Five-Year Review of Oil Pipeline Rate Indexation
Jacob Dweck,Paul F. Forshay,Meghan R. Gruebner, August 5, 2015
On June 30, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) that proposed an adjustment to the annual indexation formula for oil pipeline rates. The NOI sought comments on a proposed indexation range between the producer price index for finished goods (PPI-FG) +...
D.C. Circuit Vacates 100-Hour Exemption for Emergency Generators
Paul F. Forshay,Daniel E. Frank,Jay Holloway,Emily L. Seidman, May 6, 2015
On May 1, 2015, the D.C. Circuit in Delaware v. EPA vacated a portion of EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Engines (RICE), which allowed backup / emergency generators to...
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