Jenna McGrath is an experienced energy regulatory, litigation, and transactional attorney who assists clients in complex and technical energy industry matters, including cost-of-service ratemaking, RTO/ISO market rules, generator interconnection, transmission development and competitive transmission processes, incentive rates, cybersecurity, NERC compliance, and energy market behavior investigations. Ms. McGrath regularly handles deal and financing diligence for utilities, developers, large industrial energy users (e.g., data centers and mining operations), investors, lenders, and private equity. Her representations include extensive work with generation and transmission (G&T) and distribution electric cooperatives; including RTO integration, PURPA implementation, and contested proceedings before FERC and state public utility Commissions.
Ms. McGrath is experienced in emerging issues and non-traditional business models including electric storage, transmission-only electric utilities (transcos), fuel cells, microgrids, and distributed energy resources. She is also experienced in legal cannabis regulatory matters.
Ms. McGrath’s pro bono practice focuses on asylum and human rights. She has represented petitioners in asylum, violence against women act, and special immigrant juvenile status matters before the USCIS and in immigration court.
- The Legal 500 USA, Rising Star, Energy Regulation: Conventional Power (2021-2022)
- The Legal 500 USA, Energy: Renewable/Alternative Power (2022)
- Chambers USA, Energy: Electricity (Regulatory & Litigation) (2020-2022)
- Representing distribution cooperative United Power, Inc. in multi-jurisdictional regulatory and litigation proceedings involving its wholesale power purchase arrangements.
- Represented Caithness Energy in the sale of 845 MW Shepherd’s Flat Wind Farm.
- Advises GlidePath Development and GlidePath Power Solutions in a broad range of electric storage and renewable generation matters, including first cost-based reactive power rate proceeding for a lithium ion electric storage resource.
- Represented GridLiance Heartland LLC on FERC matters associated with its entry into the Midcontinent Independent System Operator market as a transmission-only utility.
- Represented GridLiance West LLC in FERC proceedings and transactional matters associated with its $200 million strategic acquisition of high voltage transmission assets and entry into the California Independent System Operator market as a transmission-only utility.
- Represented Corn Belt Power Cooperative and Northwest Iowa Power Cooperative in contested settlement and litigation proceedings involving preservation of legacy agreements in Southwest Power Pool RTO integration.
- Representing merchant transmission owner Cross-Sound Cable Company in ISO-NE stakeholder and FERC proceedings for cost-of-service recovery of cybersecurity investments.
- Advised Colony Capital in its partnership with Vantage Data Centers valued at $3.5 billion, including diligence and transactional support on complex transaction structure for investments in hyperscale data center operations in California, Washington State, and Québec.
- Advised GI Partners in its acquisition of a majority interest in Hawaii’s largest data center operator (DR Fortress) and in its $1.7 billion acquisition of ViaWest., including diligence and transactional support for data center acquisitions.
- Represented several distribution cooperative Confidential Clients in negotiating revisions to its wholesale power purchase agreements with generation and transmission cooperative supplier.
- Represented Confidential Client with regards to FERC office of enforcement inquiries into the 2021 Texas Weather Event.
- Represented Confidential Client in a multi-year FERC office of enforcement non-public market behavior investigation leading to no action.