Study Group: FERC Fossil Fuel Experts: Lawyers
Council Members in this Study Group: 11
This study group may include professors, attorneys, former regulatory officers, and consultants knowledgeable on topics such as law and litigation issues, lobbying, policy and government, elections, antitrust, immigration, intellectual property, and legislation, among others.
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Leading Experts in this Study Group
Paul ForshayPartner
SUTHERLAND, ASBILL & BRENNAN L.L.P.
Paul F. Forshay is a Partner with Sutherland, Asbill & Brennan in Washington, DC, where he concentrates on federal and state energy regulatory matters concerning the electric power, natural gas and oil pipeline industries. Mr. Forshay has extensive experience...
- Robert Rosenberg
Partner
SLOVER & LOFTUS
Robert Rosenberg is a Partner at Slover & Loftus in Washington, DC, practicing primarily in the fields of transportation and energy. His specialties include coal transportation and coal supply matters, railroad rate relief for captive shippers, damages...
- Pamela Anderson
Partner
VAN NESS FELDMAN, A PROFESSIONAL CORPORATIONPamela Anderson is Partner at Van Ness Feldman in Seattle, Washington, where she draws upon 14 years of practice at the federal level — as well as 10 years of prior experience at a major Colorado electric and gas utility — to represent utilities and natural...
- Patricia Godley
Partner
VAN NESS FELDMAN, A PROFESSIONAL CORPORATIONPat Godley is Partner at Van Ness Feldman in Washington, DC, where she focuses on the natural gas and electric power industries in regulatory proceedings, public policy, and international trade. Ms. Godley represents clients in matters before the Federal...
GLG NewsSM Analyses by this Study Group's Leading Experts(?)
Opinions and analyses expressed in GLG News are solely those of the author. See the Terms of Use for details.
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FERC's Standards of Conduct NOPR: Back to the Future?
April 3, 2008
Analysis by: Paul Forshay, Partner,FERC Standards of Conduct Notice of Proposed Rulemaking | www.ferc.gov
The Federal Energy Regulatory Commission's recently issued Notice of Proposed Rulemaking on the Standards of Conduct applicable to natural gas and electric transmission providers would establish revised standards for preventing anti-competitive information sharing between those trasmission providers and their marketing affiliates. FERC’s rulemaking bluntly acknowledges that the standards of conduct adopted with much fanfare in Order No. 2004 have proven too difficult for both industry and regulators to interpret and enforce, and seeks a return to the "functional separation" regulatory approach that prevailed prior to Order No. 2004.
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Surface Transportation Board Proposes Revising Railroad Cost of Capital Methodology
August 16, 2007
Analysis by: Robert Rosenberg, Partner,STB Notice of Proposed Rulemaking on Railroad Cost of Capital Methodology | www.stb.dot.gov
The Surface Transportation Board has proposed to change its methodology for calculating the railroad industry cost of capital. The cost of capital is used for several regulatory purposes. Lowering the cost of capital, as proposed by the agency, could increase the rate relief available to captive shippers.
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“Affirmative Benefits” and the Public Interest: A Higher Hurdle for Utility Mergers?
March 19, 2007
Analysis by: Paul Forshay, Partner,PUC ordered to reconsider Verizon, MCI merger issue | www.pennlive.com
- Pennsylvania Commonwealth Court's decision in Popowsky underscores the importance of rate-related benefits in demonstrating that a proposed merger affords sufficient "affirmative benefits" to satisfy the statutory "public interest" standard.
- Popowsky indicates that promises of continued "good corporate citizenship" and locally-based management, without more, are not sufficient to satisfy the "affirmative benefits" test.
- Popowsky suggests that merger applicants will not be able to rely on federal-level approvals to avoid a state-level inquiry into a proposed merger's potential anti-competitive effects.
- Pennsylvania Commonwealth Court's decision in Popowsky underscores the importance of rate-related benefits in demonstrating that a proposed merger affords sufficient "affirmative benefits" to satisfy the statutory "public interest" standard.
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FERC’s Standards of Conduct: Back to the Drawing Board
December 1, 2006
Analysis by: Paul Forshay, Partner,National Fuel unit settles with FERC | washington.bizjournals.com
-- D.C. Circuit decision in National Fuel Gas Supply Corp. v. FERC vacates and remands Order No. 2004 as applied to natural gas pipelines.-- The Commission's theoretical concerns with potential anti-competitive conduct, without actual evidence of such conduct, were insufficient to justify imposing Standards of Conduct on pipelines and their non-marketing affiliates.-- The Commission may attempt to satisfy the Court's concerns on remand and repromulgate Order No. 2004. In the meantime, it is unclear what Standards of Conduct, if any, apply to natural gas pipelines and their affiliates. -
FERC Opens Door to Changes in Cost of Equity Model
October 27, 2006
Analysis by: Paul Forshay, Partner,Opinion 486 and Order on Initial Decision re Kern River Gas Transmission Co with Commissioner Sptizer's concurring statement attached under RP04-274 | elibrary.ferc.gov
- FERC's Kern River decision opens the door to future changes in the Commission's traditional DCF model for setting pipeline equity returns.
- FERC indicates a willingness to consider future DCF proxy groups that include properly adjusted MLP distributions.
- FERC also indicates a willingness to consider DCF proxy groups that include energy companies with substantial monopoly utility revenues.
Members in this Study Group include these company types:
- Law Firm (Boutique / Specialized)
- Law Firm (general practice/large)
Members in this Study Group often have these job titles:
- Partner