NRG POWER MARKETING, LLC, ET AL., Petitioners, v ... - ISDA

BRIEF OF MORGAN STANLEY CAPITAL GROUPINC., THE INTERNATIONAL SWAPS ANDDERIVATIVES ASSOCIATION, INC., AND THEFINANCIAL INSTITUTIONS ENERGY GROUPAS AMICI CURIAE IN SUPPORT OF PETITIONERSMorgan Stanley Capital Group Inc., the InternationalSwaps and Derivatives Association, Inc., andthe Financial Institutions Energy Group respectfullysubmit this brief as amici curiae in support of thepetitioners. 1INTEREST OF AMICI CURIAEMorgan Stanley Capital Group Inc. (MorganStanley), the commodities division of MorganStanley, is a “power marketer”: an entity with regulatoryapproval from the Federal Energy RegulatoryCommission (FERC or the Commission) to buy andsell, at market-based rates, wholesale electricity thatit does not produce. Morgan Stanley was one of thefirst entities approved to sell power in this manner,having initially received its market-based authorityin 1994 and then having repeatedly received authorizationthereafter. See Morgan Stanley CapitalGroup, Inc., 69 F.E.R.C. 61,175 (Nov. 8, 1994), seealso, e.g., Morgan Stanley Capital Group, Inc., No.1 Pursuant to Rule 37.6, counsel for amici curiae state thatno counsel for a party authored this brief in whole or in part,and no counsel or party made a monetary contribution intendedto fund the preparation or submission of this brief. No personor entity other than amici curiae, their members, or their counselhas made a monetary contribution to the preparation orsubmission of this brief. The parties have filed letters of consentto the filing of this brief. Letters reflecting such consenthave been filed with the Clerk.