Paul F Forshay

Practice Areas

Public Policy & Regulation | Energy | Renewable Energy | Energy: Liquefied Natural Gas | Oil and Gas | Pipelines | Federal and State Energy Regulation

With over 35 years of experience in the energy regulation field, Paul regularly (i) advises clients on compliance with federal and state statutes, regulations and policies regarding the purchase, sale, transportation and distribution of crude oil, natural gas and power, (ii) litigates natural gas pipeline certificate and ratemaking proceedings before the Federal Energy Regulatory Commission, (iii) represents clients in electric and gas utility ratemaking matters before state commissions, and (iv) advises clients concerning oil and gas pipeline rates, tariffs, protests, complaints, open seasons, capacity releases, asset management agreements, transportation service agreements, natural gas purchase/sale agreements and pipeline interconnection agreements. A member of the Eversheds Sutherland (US) Energy & Infrastructure Practice Group, Paul's litigation, compliance and transactional work spans matters concerning oil and natural gas pipelines, local distribution companies, independent power producers, natural gas and LNG imports/exports, gas pipeline and LNG terminal project development, compressed natural gas projects, renewable natural gas projects, electric power transmission and regulated asset acquisitions. Paul’s work also encompasses energy policy formation and rulemakings before federal and state agencies.

Career

Paul F. Forshay is a government attorney in Holland & Knight's Washington, D.C., office. Mr. Forshay's practice focuses on issues concerning oil and natural gas pipelines, liquefied natural gas (LNG), natural gas import/export matters and electric power transmission, as well as policy formation and agency rulemakings.

With more than 30 years of experience in the dynamic field of energy regulation, Mr. 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.

According to Chambers USA, Mr. Forshay "is an expert on energy matters" and "is very knowledgeable and understands how his clients may be impacted by new regulations." He is also "very talented with an ability to synthesize complicated subject matter into a package that is consumable for the business folks," as well as "exceptionally helpful in dealing with gas arrangements, in particular pipeline operations and regulations. His advice is prompt, commercial and pragmatic."

Mr. Forshay'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. Mr. Forshay 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, LNG terminals and CNG projects, as well as Natural Gas Policy Act Section 311 pipeline matters. Mr. Forshay 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.

Mr. Forshay'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. He 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. Mr. Forshay also has experience counseling pipeline clients on a variety of jurisdictional and regulatory compliance matters, as well as advising shipper clients regarding open season participation and capacity access matters, including capacity allocation and buy/sell transactions.

On the power side, Mr. Forshay has litigated affiliate abuse and market-based rate disputes regarding wholesale power purchase agreements before 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, Mr. Forshay has participated in a variety of electric and gas utility rate cases and merger and acquisition (M&A) proceedings before public utility commissions on behalf of large commercial and industrial energy consumers. Mr. Forshay 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. In addition, he has assisted clients with regulatory due diligence and compliance efforts regarding utility bypass pipeline projects.

Prior to joining Holland & Knight, Mr. Forshay was an attorney at a global law firm in its Washington, D.C., office. While in law school, he was a member of the American University Law Review.

Professional Memberships

American Bar Association

Energy Bar Association

Education