Paul F. Forshay: Lawyer with Sutherland Asbill & Brennan LLP

Paul F. Forshay

Washington,  DC  U.S.A.

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Practice Areas

  • Energy
  • Environmental & Commodities
  • Regulatory & Compliance
  • Energy Litigation
  • Renewable & Alternative Energy
  • Trading & Transactions
  • Natural Gas
  • Government Enforcement & Investigations
Contact InfoTelephone: 202.383.0708
Fax: 202-637-3593
University Haverford College, B.A.
Law SchoolAmerican University Washington College of Law, J.D. Member, American University Law Review
Admitted1984, District of Columbia

Professional Activities
Member, American Bar Association
Member, Energy Bar Association

BornBrooklyn, 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.

Selected Experience
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.


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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...

FERC Issues Order No. 809 On Gas/Electric Coordination
Lillian A. Forero,Paul F. Forshay,Daniel E. Frank,Catherine M. Krupka,Michael A. Stosser, April 23, 2015
On April 16, 2015, FERC issued a Final Rule in Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities, Order No. 809, Docket No. RM14-2-000, 151 FERC ¶ 61,049 (2015). Recent cold weather events, as well as associated gas supply difficulties and high...

FERC Issues Policy Statement On Natural Gas Pipeline Modernization Cost Recovery
Paul F. Forshay,Meghan R. Gruebner,Michael A. Stosser,Ryan R. Weiss, April 23, 2015
All On April 16, 2015, FERC issued a Policy Statement in Cost Recovery Mechanisms for Modernization of Natural Gas Facilities, Docket No. PL15-1-000, 151 FERC ¶ 61,047 (2015). Effective October 1, 2015, the Policy Statement permits interstate natural gas pipelines to seek implementation of...

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Office Information

Paul F. Forshay

700 Sixth Street NW, Suite 700
WashingtonDC 20001-3980


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