Overview

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.

Representative Experience

  • Represented a large energy user coalition in electric and gas utility ratemaking and policy matters before the New Jersey Board of Public Utilities
  • Represented two major power producers in Federal Energy Regulatory Commission (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
  • Counseled multiple clients on Federal Power Act requirements applicable to public utility asset sales or transfers
  • Advised a national power marketer on licensing applications, compliance matters and complaint proceedings before New Jersey, Pennsylvania, Ohio and Maryland commissions
  • Advises industrial clients and independent power project developers regarding combined heat and power projects to serve electric and thermal load

  • Served as lead counsel to a major international energy company regarding multijurisdictional regulatory requirements applicable to the sale or transfer of crude oil and liquids pipeline assets
  • 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 the Federal Energy Regulatory Commission (FERC)
  • Advised multiple clients on federal and state regulatory jurisdiction and policy matters applicable to natural gas bypass pipeline projects
  • 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 major international energy company and a major manufacturer on federal and state regulatory requirements for regulated natural gas pipeline asset sales or transfers
  • Advising a power marketer regarding state and federal regulatory requirements applicable to the construction of a natural gas pipeline
  • Assisting a local natural gas distribution utility company on a cutting-edge renewable natural gas (RNG) project

Credentials

Education
  • American University, Washington College of Law, J.D.
  • Haverford College, B.A.
Bar Admissions/Licenses
  • District of Columbia
Memberships
  • American Bar Association
  • Energy Bar Association
Honors & Awards
  • Chambers Global – The World's Leading Lawyers for Business guide, Oil and Gas: Regulatory and Litigation, 2022
  • The Best Lawyers in America guide, Energy Law, 2021-2022
  • Chambers USA – America's Leading Business Lawyers guide, Oil and Gas: Regulatory and Litigation, 2017-2022
  • Expert Guides, Energy and Natural Resources, 2016-2017
  • The Legal 500 USA, Energy: Transactions, 2015; Energy: Regulatory, 2016; Energy Regulatory: Oil and Gas, 2017-2021