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)
© 2012 Sutherland Asbill & Brennan LLP
