No. 12-980 IN THE Supreme Court of the United States ———— THE STATE OF NEVADA, ET AL., Petitioners, v. RELIANT ENERGY, INC., ET AL., Respondents. ———— On Petition for a Writ of Certiorari to the Supreme Court of Nevada ———— BRIEF IN OPPOSITION ———— ORRIN L. HARRISON III J. GREGORY COPELAND AKIN GUMP STRAUSS HAUER & MARK R. ROBECK FELD LLP AARON M. STREETT 1700 Pacific Ave., Ste. 4100 Counsel of Record Dallas, Texas 75201-4624 BAKER BOTTS L.L.P. (214) 969-2860 910 Louisiana St. Houston, Texas 77002 Counsel for Respondent (713) 229-1234 CenterPoint Energy, Inc.
[email protected] JACK DICANIO Counsel for Respondents Reliant SKADDEN, ARPS, SLATE, Energy, Inc. and Reliant MEAGHER & FLOM, LLP Resources, Inc. 300 S. Grand Ave., Ste. 3400 Los Angeles, California 90071 (213) 687-5430 Counsel for Respondent Kathleen M. Zanaboni WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D.C. 20001 QUESTION PRESENTED Whether state-law antitrust claims asserting price fixing in wholesale natural-gas transactions within FERC’s exclusive jurisdiction are preempted by the Natural Gas Act, 15 U.S.C. § 717 et seq, particularly where FERC determined both that it had jurisdiction over the transactions at issue and that the transactions were lawful. (i) ii CORPORATE DISCLOSURE STATEMENT Pursuant to this Court’s Rule 29.6, Respondents submit this corporate disclosure statement. After the underlying lawsuit was filed, Respondents Reliant Energy, Inc. and Reliant Energy Services, Inc. were a part of a series of name changes and corporate transactions. Reliant Energy, Inc. changed its name to RRI Energy, Inc. and subsequently merged with Mirant Corp.