- 4.8/5.0 (1 review)
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.
Awards and Rankings
Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of oil and gas: regulatory and litigation (2017-2018)
Recognized by Expert Guides in the area of energy and natural resources (2016-2017)
Recognized by The Legal 500 United States in the area of energy: transactions (2015); energy: regulatory (2016) and energy regulatory: oil and gas (2017-2018)
“The combination of our group’s breadth of experience and diverse client base leaves us well-positioned to identify and serve all facets of a client’s project needs.”
Represented Colonial Pipeline Company in the acquisition of marine terminal operations and assets at the Port of Port Arthur, Texas.
Served 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.
Represented a large energy user coalition in electric and gas utility ratemaking and policy matters before the New Jersey Board of Public Utilities.
Represented 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.
Represented two major power producers in FERC proceedings involving the implementation of market-based rates for wholesale power sales.
Represented a respondent in a FERC complaint proceeding challenging a state-mandated wholesale power auction, which resulted in no liability for the client.
Advised power marketing clients on state regulatory requirements applicable to sales or transfers of retail power marketing businesses.
Advised multiple clients on federal and state regulatory jurisdiction and policy matters applicable to natural gas bypass pipeline projects.
Counseled multiple clients on Federal Power Act requirements applicable to public utility asset sales or transfers.
Advised an interstate petroleum products pipeline regarding regulatory jurisdiction and compliance matters.
Advised an interstate petroleum products pipeline regarding the assignment of a pipeline lease.
Advised multiple clients regarding crude oil pipeline ratemaking methodologies, open season requirements, capacity allocation and tariff interpretation.
Counseled natural gas pipeline clients regarding regulatory obligations, ratemaking methodologies and compliance matters applicable to intrastate pipelines that provide interstate transportation.
Advised FERC-regulated natural gas pipelines on certificate requirements, ratemaking methodologies, reporting obligations and compliance matters.
Advised a national power marketer on licensing applications, compliance matters and complaint proceedings before New Jersey, Pennsylvania, Ohio and Maryland commissions.
Advised a major international energy company and a major manufacturer on federal and state regulatory requirements for regulated natural gas pipeline asset sales or transfers.
Advises industrial clients and independent power project developers regarding combined heat and power projects to serve electric and thermal load.
Advises a power marketer regarding state and federal regulatory requirements applicable to the construction of a natural gas pipeline.
In the News
Eversheds Sutherland Represents Tokyo Gas America in First Investment in US New-Build Power Generation Facility (April 23, 2017)
Eversheds Sutherland (US) is featured in this Houston CityBizList article for its representation of Tokyo Gas America Ltd. in its acquisition of a 33.33% stake in the 488-MW Birdsboro combined cycle ...
Effect of Energy Policy Bills on Natural Gas Exports (April 26, 2016)
Sutherland’s legal alert, Effect of Energy Policy Bills on Natural Gas Exports, is featured in this Breaking Energy article.
Uncertainty Remains for LNG, CNG Terminals Not Linked to Grid (December 12, 2014)
Partner Paul Forshay is quoted in a Platts article regarding whether the Federal Energy Regulatory Commission (FERC) will continue to limit its jurisdiction over liquefied and natural gas facilities ...
18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...
19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...
Eversheds Sutherland Advises Colonial Pipeline on Purchase of Northstar Port Arthur (May 3, 2018)
HOUSTON-Eversheds Sutherland (US) LLP represented Colonial Pipeline Company (Colonial) in negotiating an agreement to acquire Northstar Port Arthur LLC. The agreement gives Colonial marine terminal ...
16 Eversheds Sutherland Partners Named Among the Best in the World by Expert Guides (September 8, 2017)
Eversheds Sutherland is pleased to announce that 16 partners have been selected by Expert Guides as among the best legal practitioners in the world in their respective practice areas. Published by ...
19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...
20 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2017 Chambers USA (May 26, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 20 practices and 56 attorneys at the firm earned recognition in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business. ...
Eversheds Sutherland Represents Tokyo Gas America in First Investment in US New-Build Power Generation Facility (April 21, 2017)
HOUSTON-Eversheds Sutherland (US) LLP is pleased to announce that the firm represented Tokyo Gas America Ltd. in its acquisition of a 33.33% stake in the 488-MW Birdsboro combined cycle power plant, ...
13 Sutherland Partners Named Among the Best in the World by Expert Guides (September 8, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 13 partners have been selected by Expert Guides as among the best legal practitioners in the world in their ...
16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...
14 Sutherland Practice Areas, 62 Attorneys Named Among Nation’s Best in 2015 Legal 500 United States (June 4, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 14 practice areas and 62 attorneys have been ranked in the 2015 edition of The Legal 500 United States, a ...
“Over the past 25 years, energy regulation has gone from a sleepy backwater to a dynamic, ever-changing playing field.”
Legal Alert: FERC to examine electric, gas and oil return on equity policies (March 26, 2019)
On March 21, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a notice of inquiry (NOI) seeking industry comments regarding the modification and application of its current rate ...
Legal Alert: FERC orders natural gas pipelines to address federal income tax changes (July 24, 2018)
On July 18, the Federal Energy Regulatory Commission (FERC) issued orders (i) adopting procedures to implement the federal corporate income tax rate reduction in natural gas pipeline rates, and (ii) ...
Legal Alert: FERC issues NOI seeking stakeholder input on natural gas transportation facility certification process (April 23, 2018)
The Federal Energy Regulatory Commission (FERC) has issued a Notice of Inquiry (NOI) initiating a review of FERC’s 1999 Policy Statement on the certification of new natural gas transportation ...
Legal Alert: FERC eliminates tax allowances for MLP pipelines, proposes tax-related rate reviews (March 20, 2018)
On March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued important orders regarding two significant tax-related rate matters affecting interstate oil and natural gas pipelines. The ...
Legal Alert: FERC Gets Another Round on Energy Storage (April 26, 2017)
On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the ...
Legal Alert: FERC Seeks Comments on Double Recovery Resulting from Current Income Tax Allowance and Rate of Return Policies (December 19, 2016)
On December 15, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comments on how to address any potential double recovery that may result from the ...
Legal Alert: FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting (October 28, 2016)
The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating ...
Legal Alert: D.C. Circuit Questions FERC’s Policy Statement on Income Tax Allowances (July 6, 2016)
On July 1, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in United Airlines, Inc., et al. v. FERC. This oil pipeline rate case appeal involves SFPP, L.P., a ...
Legal Alert: Effect of Energy Policy Bills on Natural Gas Exports (April 22, 2016)
Legislative Update. On April 20, the U.S. Senate passed broad legislation that covers many different aspects of the energy and environmental sectors, including changes to streamline the approval ...
Legal Alert: PHMSA Announces Proposed Natural Gas Pipeline Safety Rules (March 22, 2016)
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a proposal to implement regulations that would add new safety measures designed to raise existing safety standards ...
FERC Meeting - Energy Storage Panel (February 2016)
Energy Law Report
In their article for the February 2016 edition of Energy Law Report, Sutherland attorneys Michael Stosser, Paul Forshay, Dorothy Black Franzoni and Cedric Seley summarize presentations given at a ...
Ratemaking Chapter (1998-1999)
Developments in Administrative Law and Regulatory Practice
Sutherland Partner Paul Forshay authored the Ratemaking chapter for Developments in Administrative Law and Regulatory Practice, 1998-1999, an annual series intended to provide a way for ...
Competition Versus Regulation: Reform of Energy Regulation in North America (1994)
12 Journal of Energy & Natural Resources Law, 385-405
Throughout the 1980's and early 1990's, Canadian regulator National Energy Board (NEB) and US regulator the Federal Energy Regulatory Commission (FERC) engaged in efforts to increase the role of ...
“Helping clients understand what an emerging issue or policy means for their businesses is an essential aspect of our energy practice.”
LNG Exports After NERA Study (December 17, 2012)
Presentation for UBS Investor Services
State & Federal Energy Policy - What is on the Horizon (January 12, 2010 - January 14, 2010)
Online Green Building Expo
Sutherland attorneys Paul F. Forshay and Susan G. Lafferty are speaking at the Online Green Building Expo, January 12-14, 2010. Paul and Susan are presenting State & Federal Energy Policy - What is ...
Member, American Bar Association
Member, Energy Bar Association