December 3, 2025

Regulatory Update for December 3, 2025

(Covering November 26 - December 2, 2025)

Our energy regulatory team has compiled a list of state and federal energy regulatory developments to keep you up to speed on key energy regulatory matters from across the United States. Stoel’s energy regulatory team is always available to answer questions about any of these developments. Click here to meet the energy regulatory team.

Jump to the following jurisdictions:

State Regulatory Agencies

• California Public Utilities Commission (CPUC)
• California Energy Commission (CEC)
• California Air Resources Board (CARB)
• Minnesota Public Utilities Commission (MPUC)
• Pacific Northwest (OPUC, WUTC, BPA)

Federal Regulatory Agencies

• Federal Energy Regulatory Commission (FERC)

Independent System Operators (ISO) and Regional Transmission Organizations (RTO)

• California Independent System Operator (CAISO)
• Midcontinent Independent System Operator (MISO)
• Southwest Power Pool (SPP)
• ISO New England (ISO-NE)
• Electric Reliability Council of Texas (ERCOT)

Click here to download this update as a PDF

State Regulatory Agencies

CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC or COMMISSION)[1]

Proposed Decisions and Resolutions

Resolution (Res) E-5425 (Public Utility Regulatory Policies Act (PURPA) compliant tariffs for customer-generators’ facilities)

This resolution approves, with modifications, Pacific Gas and Electric (PG&E) Advice Letter 7606-E and San Diego Gas & Electric (SDG&E) Advice Letter 4664-E proposing the Public Utilities Regulatory Policies Act compliant tariffs directed in D.23-11-068 and Public Utilities Code § 769.2. Consistent with federal law, these tariffs will now specifically include a term for a system capacity limit of 20 megawatts (MW).

Voting Meeting

The CPUC will hold a voting meeting in San Francisco, California on December 4, 2025, at 11:00 a.m. PT.  The energy-related items on the agenda are below:  

Item 2. Rulemaking (R.) 20-05-012 (Order Instituting Rulemaking Regarding Policies, Procedures and Rules for the Self-Generation Incentive Program and Related Issues)

This decision establishes the conditions for returning ratepayer funds and closing out all activities related to the ratepayer-funded portion of the Self-Generation Incentive Program (SGIP).  The decision also implements the GHG Reduction Fund portion of SGIP as well as conditions for its closure in 2028.  Also included in this decision are modifications to existing rules for extending SGIP projects and participation in a qualifying demand response program for SGIP’s Residential Solar and Storage Equity budget. 

Item 3. R.18-07-003 (Order Instituting Rulemaking to Continue Implementation and Administration, and Consider Further Development, of California Renewables Portfolio Standard Program)

This decision denies the March 6, 2025 petition to modify D.20-08-043, filed by the Bioenergy Association of California (BAC).  BAC is seeking to extend or remove the end date of the Bioenergy Market Adjusting Tariff (BioMAT) and proposes other programmatic changes, primarily due to underutilization of this high-cost program and availability of other procurement options for bioenergy resources.  The decision contends that maintaining the BioMAT end date, December 31, 2025, as directed by the Commission in D.20-08-043, is in alignment with the October 30, 2024 Governor’s Executive Order N-5-24 on affordability, and will allow Commission resources to be directed toward more effective clean energy programs. 

Item 6. A.23-07-008 (In the Matter of the Application of California Resources Production Corporation for a Certificate of Public Convenience and Necessity to Operate as a Gas Corporation in the State of California)

This decision denies Application (A.) 23-07-008 and the request to hold this proceeding in abeyance made by the cities of Antioch and Brentwood, California.  The decision further denies California Resources Production Corporation’s (CRPC) motion to amend A.23-07-008, and grants for a period of three years CRPC’s motions to file certain materials as confidential under seal. 

Item 9. R.23-03-007 (Order Instituting Rulemaking to Set Wildfire Fund Non-Bypassable Charge)

This decision approves the California Department of Water Resources’ (DWR) requested Wildfire Fund revenue requirement for 2026. This decision adopts a $0.00591/kWh rate amount for the 2026 Wildfire Fund Non-Bypassable Charge in order to collect $908.9 million from January 1, 2026, through December 31, 2026. Given the projected $6.5 million undercollection through 2025, this will result in a 2026 annual revenue requirement of $902.4 million for the Wildfire Fund Non-Bypassable Charge.

Item 11. R.20-08-022 (Clean Energy Financing Tariff On-Bill Pilot Program)

This decision authorizes Southern California Edison (SCE) to recover $7 million to administer its Tariff On-Bill Financing Pilot proposal, with modifications, and denies the proposals put forth by SDG&E, Southern California Gas Company, and Silicon Valley Clean Energy.

Item 12. A.25-03-015 (PG&E Revenue Requirement to Support Extended Operation of Diablo Canyon Power Plant)

This decision approves PG&E’s 2026 Diablo Canyon Power Plant extended operations revenue requirement of $382.233 million. The revenue requirement is allocated to PG&E, SCE, and SDG&E using the allocation factors 44.19 percent, 45.86 percent, and 9.95 percent, respectively.

Item 13. Res 5429 (PG&E Contract Termination Agreements Request with Solar Partners II and Solar Partners VIII)

This resolution rejects PG&E’s contract termination agreements with Solar Partners II and Solar Partners VIII (collectively, Solar Partners), owners of the Ivanpah Solar Electric Generating Station where PG&E compensates Solar Partners in exchange for terminating their existing Power Purchase Agreements.

Item 14. A.25-05-012 (SDG&E’s 2026 Electric Procurement Revenue Requirement Forecasts)

This decision approves SDG&E’s 2026 Electric Procurement Revenue Requirement Forecasts, 2026 Electric Sales Forecast, and Greenhouse Gas (GHG) Related Forecasts for inclusion in its retail rates effective January 1, 2026. The decision adopts SDG&E’s updated 2026 revenue requirement forecast of $824.1 million, which is $701.8 million higher than its currently effective revenue requirement of $122.3 million. The 2025 forecast revenue requirement authorized in D.24-12-040 is significantly lower primarily due to the application of investment tax credits and changes in market price benchmarks in comparison to the 2026 forecast. In total, the adopted revenue requirement is projected to result in an increase to the current system average bundled rate by approximately 3.7 cents per kilowatt hour (kWh), or 10.1 percent. Based on these numbers, and reflective of the ERRA-related portion of costs only, it is projected that a typical bundled non-California Alternate Rates for Energy (CARE) residential customer using 400 kWh per month can expect to see a monthly bill increase of approximately $23.0, or a 14.3 percent increase (from $163.0 to $186). On the other hand, a typical bundled CARE residential customer using 400 kWh per month can expect to see a monthly bill increase of approximately $17.0 or a 19.1 percent increase (from $89 to $106.0). For unbundled customers, a typical non-CARE residential customer using 400 kWh can expect to see a monthly bill increase of around $29.0 (30.1 percent increase), while a typical unbundled residential CARE customer using 400 kWh can expect to see a monthly bill increase of around $21.0 (44.2 percent increase). The decision also adopts SDG&E’s Electric Sales Forecast for 2026, GHG Allowance Return Amounts, Power Charge Indifference Adjustment (PCIA) rates, rate components for the Green Tariff Shared Renewables Program, and Modified Cost Allocation Methodology rates.

Item 24. Res SPD-37 (Undergrounding Distribution Equipment of Large Electrical Corporations)

This resolution refines the Senate Bill (SB) 884 Program: CPUC Guidelines, Program for Expediting the Undergrounding of Distribution Equipment of Large Electrical Corporations, previously adopted in Resolution SPD-15, issued March 8, 2024. This resolution aligns the Commission’s program with the recently adopted SB 884 10-Year Electrical Undergrounding Plan Guidelines of the Office of Energy Infrastructure Safety.

Upcoming Workshops and Events

Building Decarbonization Proceeding – Meter Socket Adapter (MSA) Workshop

On December 4, 2025, from 10:30 to 11:30 a.m. PT, the Joint investor-owned utilities will host a second public workshop to present and discuss the new proposed MSA tariff (Rule 31 tariff).  The proposed tariffs shall include a target time limit between when customers request installation and when the large electric utilities will install the MSAs.  These time limits are intended to establish clearer expectations for customers and promote timely access to technologies that support decarbonization and grid efficiency.  Event registration is available here.  This workshop will be recorded and made publicly available on the CPUC’s YouTube channel.

High Distributed Energy Resources Proceeding – Integration Capacity Analysis (ICA) Workshop

Commission staff will host the Fourth Quarter ICA Workshop, required pursuant to D.24-10-030, will be held on Wednesday, December 17, 2025 from 9:00 a.m. to 12:00 p.m. PT.  A workshop agenda and access link will be sent closer to the date of the workshop. Questions can be directed to the CPUC’s Grid Planning department (raymond.breault@cpuc.ca.gov).

CALIFORNIA ENERGY COMMISSION (CEC)

2025 Integrated Energy Policy Report (IEPR)

The CEC will hold a remote access workshop on December 17, 2025 from 9:00 a.m. to 12:00 p.m. PT to discuss energy demand forecast results.  According to the workshop notice, “CEC staff will present the results of the annual electricity and gas demand forecasts and the hourly and peak demand forecast components of the 2025 California Energy Demand Forecast” as well as “electricity results through 2045 for the combination of scenarios proposed for the planning forecast and local reliability scenario.”  Lastly, “[g]as impacts will be presented for a range of additional achievable scenarios.” Written comments are due to Docket No. 25-IEPR-03 by 5:00 p.m. PT on December 31, 2025.

Assembly Bill 3 (AB 3) - California Offshore Wind Advancement Act

CEC staff hosted workshops on November 13, 2025 and November 14, 2025 regarding offshore wind seaport readiness.  According to the Notice, CEC staff was scheduled to provide an overview of AB 3 and summarize progress made to meet AB 3 requirements.  A detailed meeting schedule is available at Docket No. 25-AB-03.

As background, AB 3 requires the CEC to prepare and submit two reports to the Governor and Legislature, in consultation with various state agencies, including the California State Lands Commission, California Coastal Commission, California Workforce Development Board, Ocean Protection Council, California Department of Fish and Wildlife, Governor’s Office of Business and Economic Development, Governor’s Office of Land Use and Climate Innovation (formerly Office of Planning and Research), and others.

• Report 1 is a second-phase plan for seaport readiness due by December 31, 2026 (Cal. Pub. Resources Code § 25991.8).
• Report 2 is a feasibility study of achieving 50 percent and 65 percent in-state assembly and manufacturing of offshore wind energy projects due by December 31, 2027 (Cal. Pub. Resources Code § 25991.9).

Each of the upcoming workshops has its own event page (linked above) with remote attendance instructions and a link to the workshop notice and agenda.  Written comments are due to Docket No. 25-AB-03 by 5:00 p.m. PT on December 19, 2025.

Renewables Portfolio Standard Eligibility Guidebook (10th Edition)

The CEC announced it will consider adopting revisions to the Renewables Portfolio Standard (RPS) Eligibility Guidebook (RPS Guidebook) 10th Edition at its December 19, 2025 Business Meeting.  The RPS Guidebook, currently in its Ninth Edition, describes the eligibility requirements and process for certifying facilities as RPS-eligible and the rules and process for verifying renewable energy certificates for compliance with California’s RPS program.  The RPS Guidebook is revised periodically to reflect statutory, market, and regulatory developments, as appropriate.

On May 21, 2025, the CEC conducted a public workshop to present potential revisions of the RPS Guidebook and accept public comments.  Following that meeting, a draft of the RPS Guidebook 10th Edition was released on September 17, 2025. Following its release, the CEC held another public workshop on October 6, 2025, to receive public comments on the draft RPS Guidebook 10th Edition.  The CEC also received written comments following both workshops.  A revised draft of the RPS Guidebook 10th Edition will be presented at the CEC’s December 19 business meeting for consideration of adoption. The document will be posted in Docket No. 21-RPS-02 ahead of the meeting.

Fuels Advisory Committee

On December 9, 2025, from 11:30 a.m. to 2:00 p.m. PT, the CEC will host a meeting of the Independent Consumer Fuels Advisory Committee (ICFAC) to review and discuss the petroleum supply stabilization strategies and other petroleum-focused efforts and to receive any initial feedback from the ICFAC members on implementation.  The meeting will be held both in person and remotely.  Additional information, including meeting access information and the agenda, is available on the event page.

CEC Business Meetings

The next CEC Business Meeting is scheduled for December 8, 2025.  The meeting agenda and backup materials are available here.  A second December Business Meeting is on the calendar for December 19, 2025.

CALIFORNIA AIR RESOURCES BOARD (CARB)

Climate Risk Disclosure Laws Update

On November 18, 2025, the Ninth Circuit Court of Appeals issued an order in Chamber of Commerce v. Sanchez, Case No. 25-5327 (9th Cir. 2025), granting an injunction against the enforcement of Senate Bill (SB) 261 during the pendency of appellate proceedings in that matter. This injunction applies solely to SB 261. SB 253 remains in effect and is not impacted by this order. Argument in that appeal is set for January 9, 2026, after the January 1, 2026 reporting deadline set by Health and Safety Code section 38533. In light of the Court’s order, CARB will not enforce section 38533 against covered entities for failing to post and submit reports by the January 1, 2026 statutory deadline, as provided in CARB’s enforcement advisory with guidance to stakeholders. This decision follows an emergency application from several groups to the U.S. Supreme Court seeking to halt enforcement of both SB 261 and SB 253 while their Ninth Circuit appeal proceeds. The injunction will remain in effect until either the Ninth Circuit rules on the merits of the appeal from the district court or the Supreme Court acts on the emergency application.

Meetings, Workshops, and Opportunities for Public Comment

On December 9, 2025, CARB will hold a virtual public information session to discuss a new voluntary, non-monetary incentive initiative, called the Clean Fleet Connect tool, which will recognize fleets using medium- and heavy-duty zero-emission vehicles in California.  It is intended to highlight companies that voluntarily choose to “align with the state’s zero-emission goals” and does not establish any new regulatory requirements.

CARB is proposing 2025 Amendments to the Area Designations for State Ambient Air Quality Standards.  Written comments on the proposed 2025 Amendments must be received by January 12, 2026 to be considered.  A public hearing is not currently scheduled; however, interested members of the public may request a public hearing on this item.

CARB is opening a public process to solicit feedback to inform implementation of annual GHG standards for fuel cell systems connected under the CPUC’s Net Energy Metering (NEM) tariff for fuel cells (CPUC NEMFC). The CPUC NEMFC was established by Assembly Bill (AB) 1214, modified by AB 1637, and further modified by SB 155. AB 1637 directed CARB to establish a schedule of GHG emissions standards for connected fuel cells and mandated that connected fuel cells meet the same requirements for criteria pollutants set in CARB’s Distributed Generation Certification Program. In 2017, CARB adopted the Fuel Cell Net Energy Metering Greenhouse Gas Emission Standards Regulation (Fuel Cell NEM Regulation), which included annual mandatory emissions standards for 2017-2022. Beyond 2022, the regulation provides that CARB will update the standards every three years using the methodology defined in the regulation. CPUC D.23-11-068 approved a staff proposal that directed modifications to the NEMFC tariffs. CARB is opening a public process to evaluate new data and, as necessary, update the schedule of annual GHG emission standards set under the Fuel Cell NEM Regulation. Public comments will be accepted through January 9, 2026.

MINNESOTA PUBLIC UTILITIES COMMISSION (MPUC)

At its December 4, 2025, weekly agenda meeting, the MPUC will consider: (1) acceptance of Xcel Energy’s Annual 2024 Quality of Service (QSP) Report, and approval of Xcel Energy’s proposal to use 50 percent of the Customer Complaints under performance penalty for bill credits to past due customers, and to use 50 percent of the Telephone Response Time under performance penalty for deployment of its Live Chat function (Docket Nos. E,G002/CI-02-2034; E,G002/M-12-383); (2) acceptance of Otter Tail Power’s application to increase its electric rates and referral of the matter to the Court of Administrative Hearings (Docket No. E017/GR-25-359); and (3) what action to take regarding the Commission Subcommittee Delegations for Regional Transmission Organizations (RTOs) and taking a proxy for NERC voting ballots (Docket No. U999/PR-25-16).

PACIFIC NORTHWEST (OPUC, WUTC, BPA)

Oregon Public Utility Commission (OPUC)

At its biweekly agenda meeting on December 9, 2025, OPUC will hold public hearings and commissioner work sessions regarding: (1) residential telecommunications devices for low income customers, as described in HB 3148 (Docket No. AR 675); (2) Staff’s investigation into the methodology and process of energy efficiency cost-effectiveness (Docket No. UM 1893); (3) Idaho Power’s 2025 Integrated Resource Plan (Docket No. LC 87); (4) Portland General Electric’s (PGE) 2026-2028 Transportation Electrification Plan (Docket No. UM 2033); and (5) PGE’s 2023 All-Source RFP Price Refresh – Final Shortlist Acknowledgement Decision (Docket No. UM 2274). The agenda is available here.

Bonneville Power Administration (BPA)

On December 3, 2025, BPA will hold a Residential Exchange Program workshop, part of its series of public workshops to develop the Post-2028 Residential Exchange Program Residential Purchase and Sale Agreement and Average System Cost Methodology. On December 4, 2025, BPA will hold a Day-Ahead Market participation workshop, which will cover the Commercial Model Framework, overlap with Provider of Choice, interaction with the transmission process, an update on Markets+ preparation (i.e., Phase 2 Funding Entities), Southwest Power Pool Phase 2 Towers and Workstreams, and an update on EDAM. The presentation materials for the workshop are available here. On December 5, 2025, BPA will hold its 2025 Attachment K Meeting II, which is a follow-up to BPA’s April 25, 2025 public meeting covering the Assumptions and Methodology for the 2025 System Assessment. The December 5 meeting will focus on discussing and receiving feedback on the studies and plans of service. Additional information and meeting details are here.

Federal Agencies

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

FERC Seeks Comment on Streamlining Gas and Hydropower Authorizations

FERC voted on two Notice of Inquiries (NOI) related to streamlining procedures and processes for liquified natural gas (LNG) plants and hydropower facilities.  The first NOI (RM26-2-000) seeks comments on whether and how FERC should establish streamlined procedures for authorizing activities at LNG plants without case-specific authorization orders.  The second NOI (RM26-3-000) seeks comments on what changes FERC should make to streamline its processes for reviewing and authorizing post-licensing activities at hydropower facilities, and whether there are certain activities that can be implemented by licensees without case-specific authorization.  Comments on both NOIs are due 60 days after publication in the Federal Register.

FERC Seeks Comment on Five-Year Index Levels for Interstate Oil Pipeline Rates

FERC confirmed that the index level established in December 2020, which is used to calculate annual charges for interstate oil pipeline rate ceilings, will stay in place through June 30, 2026.  In December 2020, FERC set the index level for the five-year period from July 1, 2021, through June 30, 2026, at Producer Price Index for Finished Goods plus 0.78 percent (PPI-FG+0.78%).

FERC also seeks comments on a proposed index level for the five-year period commencing July 1, 2026.  FERC proposes using the Producer Price Index for Finished Goods (PPI-FG) minus 1.42 percent as the index level. Parties have 30 days after the notice of the proposed rule is published in the Federal Register to comment.  Reply comments are due 51 days after publication. 

Independent System Operators (ISO) and Regional Transmission Operators (RTO)

CALIFORNIA INDEPENDENT SYSTEM OPERATOR (CAISO)

Stakeholder Initiatives: Upcoming Meetings and Deadlines

2026 FERC Annual Charges Payment Terms Update

CAISO is providing scheduling coordinators the opportunity to elect to pay the 2026 FERC annual charges on a monthly or annual basis. Changes to payment terms must be submitted to CAISO by December 16, 2025. Further information is available here.

Cluster 15 Points of Interconnection Heatmap

CAISO has updated the Points of interconnection heatmap to include the Cluster 15 Cluster Study scenario in compliance with CAISO Tariff Appendix KK Section 3.6. Further information is available here.

Demand and Distributed Energy Market Integration

CAISO has posted the Demand and Distributed Energy Market Integration Discussion Paper. Organizations’ prioritization of problem statements in the Discussion Paper are due December 17, 2025.  Further information is available here.

Storage Design and Modeling

CAISO will host a virtual stakeholder meeting for the Storage Design and Modeling initiative on December 4, 2025. Three topic groups will be discussed during this meeting: Uplift & Default Energy Bids, Outage Management, and Mixed-Fuel and Distribution-Level Resources. Further information is available here.

Price Formation Enhancements

CAISO held a Price Formation Enhancements Phase 2 virtual meeting on November 20, 2025.  This session focused on the topic of scarcity pricing.  Written comments are due December 4, 2025.  Further information is available here.

2025-2026 Transmission Planning Process

CAISO hosted a public stakeholder call on November 19, 2025, to present the preliminary assessment of the policy and economic planning study results and brief stakeholders on recommended projects that are less than $50 million.  Written comments are due by December 5, 2025.  Additional information is available here.

Western Energy Markets Regional Issues Forum Enhancement Project

The Regional Issues Forum (RIF) has extended the comment deadline for the RIF Enhancement Project Draft Final Proposal to December 5, 2025. Further information is available here.

DAME, EDAM & CAISO Balancing Authority Participation Rules

CAISO rescheduled the settlements training for DAME, EDAM & EDAM CAISO Balancing Authority Participation Rules Continuation training course from December 2, 2025, to December 18, 2025.  This course will offer a continuation settlements-focused training session tailored for Scheduling Coordinators involved in, or impacted by, the upcoming Spring 2026 launches of DAME, EDAM, and EDAM CAISO Balancing Authority Area Participation Rules.  Additional information is available here.

Final 2026 Resource Adequacy Compliance Filings and Determination of Deficiency

CAISO has posted its aggregate assessment of the annual resource adequacy plans submitted by load serving entities and central procurement entities along with the reliability-must-run units designated by CAISO for 2026.  Load serving entities and central procurement entities may submit revised annual resource adequacy plans by close of day December 8, 2025.  Additional information is available here.

MIDCONTINENT INDEPENDENT SYSTEM OPERATOR (MISO)

FERC Denies Petition for Declaratory Order on Exclusive Build Rights

FERC dismissed a petition for declaratory order from Ameren Illinois Company (Ameren) requesting that FERC find that the “first in the field” Illinois doctrine grants a right of first refusal in MISO to construct transmission facilities in a service territory without having to participate in MISO’s Competitive Developer Selection Process. FERC stated it believed the issue of interpretating Illinois’ first in the field doctrine to be a matter of state law and that the proceeding was not the correct forum for “such a novel application of state law.”

Second Cycle of Expedited Resource Addition Study (ERAS) Projects

MISO announced a second cycle of projects that it will evaluate under its ERAS process. The second cycle has 15 projects totaling approximately 6,100 MW of proposed capacity with in-service dates from December 1, 2027, to August 6, 2028. MISO stated that 51 projects representing nearly 30,000 MW of proposed capacity have been accepted to or are pending validation into the ERAS program.

SOUTHWEST POWER POOL (SPP)

FERC Approves Generator Priority Review Process

FERC approved SPP’s proposed tariff revisions, effective December 1, 2025, which allow generators to expand their facilities by up to 20 percent under a temporary priority process. SPP stated in its filing that “its region is on the precipice of a resource adequacy crisis” and that the process is meant to deter “speculative interconnection requests” by ensuring that requests are for “shovel-ready” interconnections. In the same order, FERC rejected SPP’s proposed tariff revisions that would have allowed the owners of retired plants to partake in the priority process.

ISO NEW ENGLAND (ISO-NE)

Meetings

ISO-NE noticed its upcoming Quarterly Settlements Forum, scheduled for December 4, 2025, from 10:00 to 11:00 a.m. ET.  The webinar will present information on settlements and billing, and ISO-NE will post the agenda one week before the forum.

ISO-NE noticed its quarterly meeting of the Consumer Liaison Group, which it will hold in Boston and online on December 3, 2025, from 12:00 to 3:30 p.m. ET.  ISO-NE notes the meeting will be an exchange of information between ISO-NE and electricity consumers.  Registration for in person has closed.

ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT)

ERCOT Innovation Summit

ERCOT noticed its third annual ERCOT Innovation Summit, which will be held March 31, 2026, at the Kalahari Resorts & Conventions in Round Rock, Texas.  ERCOT stated that the summit is part of ERCOT’s strategy to advance grid innovation through its Grid Research, Innovation, and Transformation initiative.  Registration is available for in person attendance and online.

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[1] Per the CPUC’s Rules of Practice and Procedure Rule 14.3, comments on proposed decisions are due 20 days after issuance of the proposed decision, and reply comments are due five days thereafter.  Comments on draft resolutions are due 20 days after the draft resolution appears in the CPUC’s daily calendar, per Rule 14.5.