October 1, 2025

Regulatory Update for October 1, 2025

(Covering September 24-30, 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

Federal Regulatory Agencies

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

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State Regulatory Agencies

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

Proposed Decisions and Resolutions

Resolution (Res) E-5426

This Resolution adopts a citation program for enforcing compliance with filing deadlines and reporting requirements in Integrated Resource Planning (IRP) proceedings.  The Resolution replaces the citation program established by Res E-5080 and authorizes Commission Staff to fine Load Serving Entities (LSE) for non-compliance with the mandatory filing deadlines and reporting requirements for Individual Integrated Resource Plans.  Commission Staff are further authorized to fine LSEs for non-compliance with any mandatory filing deadlines and reporting requirements in IRP proceedings, including mandatory filing deadlines and reporting requirements in the procurement and planning tracks.

Application (A.) 24-08-013 (Application of Pacific Gas and Electric Company (PG&E) (U39E) for a Determination Under Section 851 of Whether a Condemnation of Assets by the South San Joaquin Irrigation District (SSJID) Would Serve the Public Interest)

This decision dismisses, without prejudice, the Application of PG&E for a Determination Under Section 851 of Whether a Condemnation of Assets by the SSJID Would Serve the Public Interest.  Once PG&E and SSJID conclude their eminent domain action currently pending before the San Joaquin Superior Court, PG&E shall file an application, consistent with Public Utilities Code Section 851, for Commission review, and at that time the Commission will determine the appropriate scope of its review.

Res E-5420

This Resolution approves with modification PG&E Advice Letter (AL) 7569-E, which requests Commission approval of two agreements to support the energization of a new 90-megawatt data center load in San Jose, California as requested by STACK Infrastructure (STACK).  The Commission states that these agreements will facilitate the construction of new transmission facilities to serve STACK’s load.  The AL is approved, with modifications, and the Commission finds the agreements necessary and largely appropriate to energize this new load.  Specifically, the Commission requires modifications to the proposed process to refund energization costs advanced by STACK, to add additional ratepayer protection.  As a large-load customer, according to the Commission, STACK requires energization upgrades on a much larger scale than the typical customer, which are costly and should not fall on ratepayers if sufficient load does not materialize to offset costs.  As a transmission customer, STACK would pay lower rates than distribution customers covered by the Base Annual Revenue Calculation  refund process on which the AL proposal is based, while at the same time contributing to the need for broader transmission network upgrades in the region.  To increase ratepayer protections in this exceptional case, the Commission requires modifying the refund process to limit refunds to 75% of PG&E’s annual net revenues from STACK, which are the transmission-related revenues.  The Commission reasons that this approach allows STACK to energize and receive a full refund over time, while protecting ratepayers.  Accordingly, this would lead to a slower refund process but would not affect the total refund amount.

Res E-5419

This Resolution approves two swap contracts for bundled portfolio content category 1 renewable energy credits and energy.  Southern California Edison Company (SCE) seeks approval to count its purchase contract for June 1, 2025, through May 31, 2026, executed as part of the swap as a bridge toward the energy portion of SCE’s Diablo Canyon Replacement procurement requirement under Ordering Paragraph 6 of Decision (D.) 21-06-035.

Voting Meeting

The CPUC will hold a voting meeting in Bellflower, California on October 9, 2025, at 11:00 a.m. PT.  The energy-related items are on the agenda below:

Item 2. Res G-3606 (San Diego Gas & Electric Company (SDG&E) 2024 Natural Gas Leak Abatement Ratemaking Forecasts and Capital Costs Recovery)

This Resolution denies SDG&E’s 2024 NGLA ratemaking forecasts as presented in AL 3285-G-A for costs for its 2024 Compliance Plan.  SDG&E forecasts a total revenue requirement of $24.859 million in AL 3285-G-A: $22.919 million for Best Practices; $1.29 million for Research, Development, and Demonstration (RD&D) projects; $0.428 million for Program Administration; and $0.222 million for any under-recovered ongoing capital revenue requirements.  This Resolution approves no funding for Best Practices because none of the practices is cost-effective.  Costs for RD&D are also denied.  SDG&E is authorized to record up to $0.428 million for NGLA Program Administration, if applicable, in the NGLA Program Memorandum Account for potential recovery in a future general rate case or other proceeding, where it will be subject to a reasonableness review.  The Resolution approves $222,000 for unrecovered ongoing capital costs from previously approved Compliance Plans.  

Item 3. A.22-05-002 (Application of PG&E for Approval of its Demand Response Programs, Pilots and Budgets for Program Years 2023- 2027)

This decision denies the Petition for Modification filed on February 19, 2025, by Clean Energy Alliance, San Diego Community Power, and Mission: data Coalition, Inc. seeking to modify D.22-12-009.  The Petition for Modification alleges that D.22-12-009 must be modified to require SDG&E to reinstate ZigBee connections and to enable new ZigBee connections until SDG&E provides new smart meters that provide near real-time energy usage data access.

Item 4. A.12-05-020 (In the Matter of Application of SDG&E for a Certificate of Public Convenience and Necessity for the South Orange County Reliability Enhancement Project)

This decision grants SDG&E’s Petition for Modification of D.16-12-064 to increase the $381 million cost cap established by that decision and adopts $410 million as the increased reasonable and prudent maximum cost cap for the South Orange County Reliability Enhancement Project. 

Item 8. 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 Greenhouse Gas 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 10. Res O-0097

This Resolution O-0097 approves Santa Fe Pacific Pipelines, L.P.’s (SFPP) request for an interim, system-wide, intrastate rate increase of 5.187% under the provisions of Public Utilities Code Section 455.3 and General Order 96-B, Energy Industry Rule 8.  This Resolution does not grant any additional increase above 5.187%.  The Commission will consider the entirety of SFPP’s requested increases in SFPP’s consolidated proceeding for A.24-01-020, A.23-01-016, A.22-01-016, and A.21-01-15.

Item 11. Res E-5416

This Resolution approves PG&E request to revise its Bundled Procurement Plan -- Appendix S (Sales Framework) to update PG&E’s methodology for determining Resource Adequacy capacity volumes made available for sale.

Item 15. A.25-04-015 (Application of PG&E for Approval of Zonal Electrification Pilot Project)

This decision extends the statutory deadline in this proceeding until February 2, 2026.

Item 17. A.23-06-022 (In the Matter of the Application of Crimson California Pipeline, L.P. (Crimson) for Authority to Increase Rates for its Crude Oil Pipeline Services)

This decision approves the settlement agreement between Crimson and Phillips 66 Company that resolves all issues in this proceeding.  The settlement agreement includes a 12.52% increase in rates for crude oil pipeline services for the period of August 1, 2023, to July 31, 2024 (Rate Period).  A 12.52% increase in rates achieves an additional $3,518,744 in revenue for the Rate Period.  Phillips 66 is responsible for payment of $2,500,000 while the other shippers on Crimson’s Southern California system will be collectively responsible for payment of $1,018,744 based upon their respective volumes shipped.

Item 25. A.18-05-007 (In the Matter of the Application of SCE for a Certificate of Public Convenience and Necessity: Eldorado-Lugo-Mohave Series Capacitor Project)

This Decision grants SCE’s Petition for Modification of D.20-08-032 to increase the maximum reasonable and prudent cost for the Eldorado-Lugo-Mohave Series Capacitor Project from $239 million to $295 million.

Item 42. R.25-10-XXX (Order Instituting Rulemaking to Oversee the Resource Adequacy Program, Consider Program Reforms and Refinements, and Establish Forward Resource Adequacy Procurement Obligations

This Order opens a new rulemaking to oversee the Resource Adequacy Program.

Upcoming Workshops and Events

R.21-06-017 (High Distributed Energy Resource Proceeding)

The CPUC will host its quarterly Integration Capacity Analysis (ICA) meeting on Wednesday, October 1, 2025, from 9:00 a.m. to 3:30 p.m. PT.  The ICA workshop provides an opportunity for the utilities to present their ICA reports, including discussion on known issues, improvements, validation measures, and stakeholder feedback.  The workshop will be held remotely via Webex and registration is available here.

Supplier Diversity En Banc and Business Expo

The CPUC will host its 23rd Annual Supplier Diversity En Banc and Small and Diverse Business Expo in Carson, California on October 6-8, 2025.  This event provides an opportunity for utilities and LSEs to meet with stakeholders and explore contracting opportunities with small and diverse suppliers.  Additional information, including registration details, is available here.

CALIFORNIA ENERGY COMMISSION (CEC)

2025 Integrated Energy Policy Report (IEPR)

The CEC has released the 2025 IEPR workshop schedule and opened a new proceeding number (25-IEPR-01) for the 2025 IEPR.  Workshop topics and dates included in the notice are below (note: the workshop schedule is subject to change, and the current schedule was released on July 2, 2025).  Upcoming workshops or comment deadlines and recent changes to the workshop schedule are reflected below:

  • November 13, 2025: IEPR Commissioner Workshop on Load Modifier Results (remote access only).
  • December 11, 2025: IEPR Commissioner Workshop on Forecast (remote access only) – rescheduled from December 2, 2025.

On July 22, 2025, the CEC released a Revised Scoping Order for the 2025 IEPR, which updates the original Scoping Order posted in March 2025.

2024 IEPR Update

The CEC published a Notice of Availability and Proposed Adoption of the 2024 IEPR Update.  As outlined in the Notice of Availability, the CEC is proposing adoption of the 2024 IEPR Update at the October 8 CEC Business Meeting.  Written comments regarding the 2024 IEPR Update are due to the Docket Unit by 5:00 p.m. PT on October 6, 2025.

Electric Program Investment Charge (EPIC)

The CEC has opened registration for the 2025 EPIC Symposium, which will be held on October 7, 2025 at the California Natural Resources Agency in Sacramento, California.  The EPIC Symposium is held in collaboration with the state’s three largest investor-owned utilities, and it convenes clean energy leaders, policy makers, researchers, entrepreneurs, and other stakeholders to discuss the latest innovations driven by EPIC.  In-person attendance is limited due to venue capacity, so early registration is encouraged.  The EPIC Symposium agenda and the registration link are now are available.

Renewables Portfolio Standard 10th Edition Guidebook Update

On September 18, 2025, the CEC released the draft Renewables Portfolio Standard Guidebook, Tenth Edition (Guidebook) for public review and comment.  CEC Staff will hold a remote access workshop to discuss the draft Guidebook on October 6, 2025 from 10:00 a.m. to 1:00 p.m. PT. Written comments on the Guidebook are due to Docket 21-RPS-02 by 5:00 p.m. PT on October 20, 2025.  Instructions for attending the remote workshop are available in the workshop notice.

Long Duration Energy Storage Program

On September 11, 2025, the CEC hosted a remote access workshop regarding the Draft Energy Storage Permitting Guidebook: Guidance for Behind-the-Meter Installations (Draft Guidebook), funded under the EPIC Program (EPC-19-026).  The workshop provided the grant recipient, the Center for Sustainable Energy, the opportunity to receive input regarding the Draft Guidebook.  According to the workshop notice, a copy of the Draft Guidebook was made available here 10 business days before the workshop date.  The notice provides that the “workshop will focus on identifying any corrections or substantive omissions to the Draft Guidebook” and “[f]eedback gathered during [the] workshop will inform the publication of the final version of the Guidebook, expected to be published in Q2 2026.”  Written comments regarding the Draft Guidebook are due by 5:00 p.m. PT on October 10, 2025 to Docket No. 23-ERDD-07.

Funding for Electric Vehicle (EV) Charging

The CEC has launched the Fast Charge California Project, which includes up to $55 million of in-state funding for up to 100% of the installation costs for EV chargers at businesses and public sites across the state.  Funding applications will be accepted through October 29, 2025, and priority will be given to tribal areas and low-income and underserved communities.  Eligibility details and other application requirements are available here.

Notice of Hearing to Adopt EV Charging Infrastructure Reliability Rules

On September 26, 2025, the CEC issued a notice of adoption hearing for its rulemaking to establish regulations for improved EV charger recordkeeping and reporting, reliability and data sharing.  Proposed changes to the EV Charging Infrastructure Reliability Reporting and Performance Standards have been subject to an extended period of stakeholder feedback, which can be accessed on Docket No. 22-EVI-04.

The CEC will consider adopting the proposed regulations on Wednesday, October 8, 2025, at 10 a.m. PT.   

Gas Research and Development Program

On October 13, 2025, CEC staff will host a remote access scoping workshop regarding staff’s proposed concept for funding research to advance integrated planning to support gas system decommissioning.  According to the workshop notice, “the workshop will conclude with a question-and-answer session and public comment period to advance integrated planning to support gas system decommissioning.”  A meeting agenda will be posted prior to the workshop to Docket No. 23-ERDD-02.  Written comments are due to the Docket Unit by 5:00 p.m. PT on October 20, 2025.

CEC Business Meetings

The next CEC Business Meeting is scheduled for October 8, 2025.  The meeting agenda and backup materials are available here.

CALIFORNIA AIR RESOURCES BOARD (CARB)

Advanced Clean Fleets (ACF)

At its September 25, 2025 meeting, CARB approved previously proposed amendments to the ACF regulation.  The amendments give public utilities expanded access to several exemptions allowing the purchase of combustion engine vehicles when zero-emission vehicles (ZEVs) are not available or do not meet the fleet’s needs.  CARB also will move forward with modifications that ease the entry to ZEVs for public fleets.  This includes extending the 50% ZEV purchase requirement by three years and delaying the 100% ZEV purchase requirement to 2030; extending the exemption for small fleets and designated low population counties until 2030; and ensuring all proposed compliance flexibilities apply to all government agencies, not only public agency utilities.

CARB also voted to repeal parts of the ACF regulation applying to federal or private fleets, including requirements for drayage trucks, to reduce confusion for federal and private fleet operators. 

Climate Risk Disclosure Laws Update

CARB announced it will be issuing proposed rules for the state’s climate risk disclosure laws, Senate Bills (SB) 253 and 261, on October 14, 2025.  CARB also issued a projected cost of compliance for the laws and shared the disclosure timeline for companies covered by SB 253 to disclose their scope 1 and scope 2 emissions for the first time.  Companies covered by SB 253 should expect to report their scope 1 and scope 2 emissions by June 30, 2026.

CARB also released draft guidance on September 2, 2025 to assist reporting entities in complying with the Climate Related Financial Risk Disclosure Program.

CARB also recently released a preliminary list of reporting/covered entities under SB 253 and SB 261.  CARB prepared this preliminary list of reporting/covered entities based on the statutory requirements of being U.S.-based, meeting the annual revenue threshold of $500 million or more, and doing business in California, assessed using the draft conceptual definitions described at the August 21, 2025 workshop.

CARB Five-Year Strategic Research Plan 2025-2030

CARB adopted its Five-Year Strategic Research Plan for 2025–2030. The plan outlines CARB’s research priorities in five areas – health, ambient air quality, climate, mobile sources, and sustainable transportation, housing, and communities.  Environmental justice and economic concerns are addressed throughout the five areas.  The plan incorporates public input from meetings, surveys, and a 30-day comment period.  It will direct up to 12 research projects a year, often conducted by outside entities, with priority given to researchers at California State University and the University of California systems as required under state law.  

Meetings and Workshops

On October 14, 2025, CARB will host a virtual public workshop to discuss introducing gasoline containing up to 15% ethanol (E15) in California.  California gasoline is currently blended with up to 10% ethanol by volume (E10), the maximum ethanol content allowed by the California Reformulated Gasoline Regulations.  At this workshop, CARB staff will provide an overview of the scientific evaluation of E15, current regulatory requirements, and concepts for potential regulatory updates as well as additional topics regarding the use of E15 in California.  Staff will seek stakeholder input through verbal feedback during the workshop and will open a public docket for written comments.  That public docket will be open for four weeks following the workshop through November 11, 2025.

On November 6, 2025, CARB will conduct a joint public meeting between CARB, the California Transportation Commission, and the California Department of Housing and Community Development, to coordinate their implementation of policies that jointly affect transportation, housing, and air quality, including interagency efforts.  Presentations will facilitate open dialogue amongst state agencies and the public.

On November 20, 2025, CARB will conduct a public hearing to consider approving for adoption the proposed amendments to the Regulation on Methane Emissions from Municipal Solid Waste Landfills (LMR).  CARB adopted the LMR in 2010 to reduce methane emissions from municipal solid waste landfills, which are the second-largest source of methane emissions in California.  The LMR requires owners and operators to install and optimally operate landfill gas collection and control systems  to minimize emissions, monitor surface methane concentration and other performance parameters, repair emission exceedances and other performance issues, conduct source testing of combustion devices used to destroy methane, and report compliance information to CARB and local air districts.

MINNESOTA PUBLIC UTILITIES COMMISSION (MPUC)

At its October 3, 2025, weekly agenda meeting, the MPUC will hold deliberations regarding the acquisition of ALLETE, Inc., whose operating arm is the regulated utility Minnesota Power, by Canada Pension Plan Investment Board and Global Infrastructure Partners.  Deliberations follow oral arguments that occurred last week, on September 25, 2025.  The recorded session is available here.

OREGON PUBLIC UTILITIES COMMISSION (OPUC)

At its September 30, 2025 agenda meeting, the OPUC will hold a public hearing and commissioner work session related to (1) PacifiCorp’s 2026-28 Transportation Electrification Plan (UM 2056), and (2) the proposed carveout capacity expansion associated with community solar implementation through the Oregon Community Solar Program (UM 1930).  The agenda is available here.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION (WUTC)

On September 26, 2025, the WUTC adopted rules to implement Integrated System Plans under Engrossed Substitute House Bill 1589, rules which (1) adopt requirements for large combination utilities when combining gas and electric planning requirements into one Integrated System Plan and (2) establish a cost test for Integrated System Plan emission-reduction measures to meet the state’s clean energy and climate policies.  Under the rules, over the next three years, large combination utilities will work with the WUTC to refine data requirements and planning methods, with the ultimate goal of supporting affordability, reliability, and emissions goals.  More information is available here.

Federal Agencies

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

FERC Nominations

Laura Swett and David LaCerte continue to await their Senate confirmation hearings for their FERC Commissioner nominations following their advancement from the U.S. Senate Energy and Natural Resources Committee.

FERC Denies Order 909 Clarification

In Order No. 909-A, issued by FERC on September 25, 2025, FERC denied a request for clarification filed by the American Clean Power Association and the Solar Energy Industries Association on Order 909’s implementation timeline of Reliability Standard PRC-029-1, which sets frequency and voltage ride-through requirements for inverter-based resources (IBRs).  Under Order No. 909, the North American Electric Reliability Corporation (NERC) must evaluate exceptions or exemptions to the standard for high-voltage direct current-connected IBRs with choppers and for long-lead time projects.  NERC must submit any proposed modifications by August 28, 2026, ahead of the standard’s effective date of October 1, 2026.

Although the American Clean Power Association and the Solar Energy Industries Association raised concerns that projects eligible for an exception or exemption risk being in violation from October 1, 2026, until the effective date of a FERC order, FERC declined to encourage an earlier submission date and acknowledged that NERC retains discretion to file earlier and could use enforcement flexibility or implementation planning to mitigate any regulatory uncertainty.

Meetings and Conferences

FERC noticed a technical conference on October 21, 2025, to discuss cost-effective ways to reduce the risk of wildfire ignition from the bulk power system.  FERC has directed NERC to prepare a report on the best practices to reduce these risks and to assess the need for new or revised reliability standards.  NERC, in its report, must assess vegetation management, the removal of forest-hazardous fuels by transmission lines, engineering, and operational practices.

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

Stakeholder Initiatives: Upcoming Meetings and Deadlines

2025-2026 Transmission Planning Process

CAISO hosted a public stakeholder meeting on September 24 and September 25, 2025, to discuss the preliminary reliability study results, participating transmission owner’s reliability projects, and updates on other analysis related to the 2025-2026 Transmission Planning Process.  Written comments are due October 9, 2025.  Additional information is available here.

2026 Effective Flexible Capacity Values

CAISO has posted the final 2026 Resource Adequacy Effective Flexible Capacity list.  Additional information is available here.

Western Energy Imbalance Market Modeling and Resource Registration Forum

CAISO will host a hybrid Western Energy Imbalance Market Modeling and Resource Registration Forum on October 7, 2025.  Additional information is available here.

CAISO New Resource Implementation Forum

CAISO will host a New Resource Implementation (NRI) Forum on October 8, 2025.  The objective is to improve transparency surrounding the NRI process and outline expectations.  The forum will be held in-person and online.  Additional information is available here.

2025-2026 Transmission Planning Process

CAISO has posted the 2025-2026 Transmission Planning Process preliminary reliability results to its website.  The request window is open until October 15, 2025.  Additional information is available here.

Western Energy Markets Regional Issues Forum

The Western Energy Markets Regional Issues Forum has announced its upcoming hybrid meeting, which will take place at the CAISO in Folsom, California on October 27, 2025.  Registration is requested for in-person attendees, and additional materials will be available prior to the meeting.  Additional information is available here.

MIDCONTINENT INDEPENDENT SYSTEM OPERATOR (MISO)

Transmission Customer Refund Extension Request

MISO has requested to FERC a six-month extension, until June 30, 2026, to complete refunds to transmission customers following a FERC order that lowered the base return on equity for transmission owners to 9.88%.  MISO’s refunds are the result of two complaint proceedings in which FERC ordered refunds from two periods: 2013 to 2015 and from 2016 to 2024.  MISO has argued that the refund process is complex due to the increased number of affected transmission owners, months requiring resettlement, and the volume of files and coordination needed.

SOUTHWEST POWER POOL (SPP)

Potential Deferrals in Transmission Construction

SPP stated that it is considering deferring construction projects for five 765-kV transmission projects to its 2026 Integrated Transmission Planning assessment due to accelerated load projections.  SPP stated that staff will vet their deferral recommendation with the Transmission and Economic Studies working group before its Markets and Operations Policy Committee’s October meeting.

PJM INTERCONNECTION (PJM)

Governors Threaten to Leave PJM

Eleven governors threatened to leave PJM’s markets unless their states receive bigger roles in PJM’s governance.  The states that have threatened to leave include Delaware, Indiana, Michigan, North Carolina, Pennsylvania, Virginia, Maryland, Illinois, Ohio, Tennessee, and New Jersey.  The 11 governors have also signed a Joint Statement of Intent to promote greater state and consumer representation in PJM’s governance and decision-making processes.

Proposed Operating Agreement Amendment

PJM submitted a compliance filing modifying its Operating Agreement to give market participants sufficient information to understand the calculations of their Opportunity Cost Adders.  As directed by FERC, the amended Operating Agreement proposes that:

  1. The Market Monitoring Unit must share unit-specific inputs, assumptions, results, and intermediate outputs with the relevant Market Seller, excluding confidential vendor data;
  2. The Market Monitoring Unit must publicly post descriptions of the models and algorithms used; and
  3. Upon request, the Office of the Interconnection or the Market Monitoring Unit must discuss the modeling assumptions and results with the applicable Market Seller.

PJM requests an effective date of December 5, 2025.

ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT)

Grid Research, Innovation, and Transformation Initiative

ERCOT announced its Grid, Research, Innovation, and Transformation (GRIT) Initiative to advance research and develop prototypes to tackle issues related to grid and technology expansion.  GRIT will focus on challenges posed by load growth, generation mix changes, and weather events through engagement with external industry and academic partners.

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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.

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