
Capital
Liberation
The Surety Alternative — unlocking the capital frozen behind clean-energy deposits.
The Status Quo
Billions of dollars sit in accounts earning nothing, frozen in place. Because of a piece of paper that says hold this until the project proves itself. There's a better paper — and a better relationship behind it.
Security deposits for interconnection, Power Purchase Agreements (PPAs), and construction obligations exist for three reasons — all of them rational. Prove you're serious. A developer with skin in the game pays the contractors and finishes what they start. Cover the cost. If the grid needs upgrades to connect your project, the utility wants the money spent to be guaranteed. Keep out speculators. Queue positions have value; charge for them, or the queue fills with projects that will never get built.
These reasons are rational. And yet, they produce a structural problem. The capital gets frozen while possibly costing somewhere north of ten percent for development loans. This is pure dead weight.
Who carries the risk of that frozen capital?
The developer.
The utility is protected. The transmission operator is protected. The ratepayer is protected. The bank gets fees. And the developer — the company trying to build the clean energy asset we all say we want — is the one bearing the cost. That's a structural problem. And it's getting worse.
The 2026 Squeeze
Four forces in motion. Some tighten, some loosen. Each one changes the case for how capital ought to be posted.
Basel III Endgame
The Federal Reserve re-proposed the final rule in March 2026 — notably more lenient than the 2023 draft. Capital requirements for the largest banks drop an estimated 4.8–7.9%. Corporate risk weights fall from 100% toward 65–95%. The proposal is designed to pull credit activity, including letters of credit, back to regulated banks. If adopted as drafted, LC capacity could expand. The final rule remains pending through June 2026.1
If the supply of LCs is about to widen, what does that mean for how capital chooses to post — cash, LC, or surety?
FERC Order 2023-A
Transmission providers are now required to accept surety bonds alongside cash and letters of credit for interconnection deposits. The door is open. Implementation is uneven. MISO doubled its second-milestone deposit to $8,000/MW.2
If surety bonds are a permitted form, why isn't every obligee accepting them?
OBBBA & Tariffs
The One Big Beautiful Bill Act compressed eligibility timelines through material-assistance rules. Tariffs on imported components remain elevated. The cost base for clean energy has risen. Every dollar tied up in an unused deposit is a dollar not covering that higher base.3
If the cost base has risen, can we afford to keep capital frozen in unused deposits?
The Stress Wave
More than $35 billion of announced clean energy investments canceled or delayed through 2025. A wave of bankruptcies. Not all of these were bad projects. Many were structurally sound, fundamentally viable assets that simply starved to death because their working capital was trapped in a queue.4
Has the capital been tied up in the wrong place?
Something has to give.¹⁻⁴
The Options
Four instruments. Four trade-offs. The math is the math.
| Security Type | Liquidity Impact | Cost to Developer | Scalability | Favorability |
|---|---|---|---|---|
| Parental Guaranty | Variable — depends on parent financials | None | Organization-specific | Situation-dependent |
| Cash Deposit | High — immobilizes working capital | Opportunity cost of idle cash | Limited by cash on hand | Least advantageous |
| Letter of Credit | Moderate — reduces credit capacity | Bank fees + collateral | Constrained by bank relationships | Less-optimal |
| Surety Bond | Minimal — preserves capital & credit | Low carrying cost | Highly expandable | Most advantageous |
I am not a broker. I don't earn commissions. I'm telling you what the math says.
$100M · 3 Years · What Does the Math Say?
A hundred million dollars. Three-year obligation. Four ways to post it. Here's the cost under each.
- Cash Deposit · 12% — cost of taking cash out of a development loan to post as deposit.
- Letter of Credit: 12% — whether cash-collateralized via expensive debt, or reflecting the opportunity cost of a corporate revolver. If you have a strong corporate revolver, your direct LC fee might only be 2%. But that LC eats your borrowing base one-for-one. Every dollar tied up in an LC is a dollar of credit you cannot deploy to lay steel or acquire a new site. The true cost isn't just the bank fee; it's the opportunity cost of lost leverage.
- Parental Guaranty · 0% — no explicit carrying cost if the parent absorbs the risk on its own balance sheet.
- Surety Bond · 2% — annual premium. No principal posted; the surety's balance sheet stands behind the obligation.
$36M − $6M = $30M of capital you could be deploying to build.
Thirty million dollars is not a rounding error. It could be a mid-sized community solar portfolio. It could be an interconnection upgrade at a second site. It could be two years of payroll for a 125-person team.
This is what I mean by capital liberation.
A Workable Surety Form
The old objections to surety were reasonable — maybe in the 2010s. They're less reasonable today, because the market and the language have moved. Here's what a post-2023 bond form looks like when it's written with care.
- 01Ten business days to pay.Not thirty. Not sixty. Not “when the investigation concludes.” Written into the form.
- 02A default is a payable claim.The trigger is the default itself.
- 03Clear, simple claim process.One page. Documents attached. Submit and be paid.
- 04Forfeiture on non-replacement.If the bond isn't replaced on time, the full face value is paid to the obligee. This is the teeth.
- 05No mid-term cancellation.The security stays in effect.
Every major concern about surety — they drag their feet, they lawyer up, they cancel, they argue definitions — is addressed by one of those five features.
The surety market has tightened since the 2025 bankruptcy wave. Carriers are underwriting more conservatively and pricing more carefully — which is the market behaving the way surety markets are supposed to behave after a cycle of losses.
And the demand side is larger than the energy transition alone. The digital infrastructure build-out — data centers and hyperscaler power procurement — brings the same offtakers, the same interconnection agreements, the same long-duration obligations. What the clean energy industry has learned about surety, letters of credit, and interconnection security, for example, applies directly. The next capital-liberation opportunity is infrastructure-wide, not energy-only.
Trust
Surety isn't just cheaper than cash. It isn't just more scalable than letters of credit. It's a fundamentally different kind of agreement. Three parties. One instrument. Held together by trust.
Cash is two parties. I give you my money; you hold it; you return it. Letters of credit are two parties plus a bank mechanism — essentially bilateral. Surety is three parties. The principal, usually the developer. The obligee, the utility or Independent System Operator (ISO) or offtaker. And the surety, backed by a highly rated balance sheet.
And what holds those three parties together is not collateral. It's trust — and not trust as a feeling. Trust with collateral behind it. Trust with signed indemnity. Trust in the balance sheet. Trust with consequence.
Backed by A.M. Best rating ≥ B++, T-listed capacity, decades of claims-paying history. The obligee relies on the bond long before a claim. It satisfies regulators, protects ratepayers, and proves to their board that queue discipline is enforced. It's a compliance asset on day one.
T-listed: a carrier that appears on the U.S. Treasury's Circular 570 list of sureties qualified to write federal bonds — a widely used proxy for creditworthiness.
Validated through the Three Cs — Character, Capacity, Capital. Three years of financials. General Indemnification Agreement.
Not to cancel mid-project. To deal in good faith. Reputation matters more than paper.
At the center of this is the General Agreement of Indemnity — the GIA. Signed by the principal who stands behind the obligation. The GIA is a trust-building document. When a principal signs a GIA, they are signaling something concrete to the surety: As the principal, I am standing behind this obligation. When a bond is placed, the obligee receives that trust signal indirectly, through the surety's willingness to underwrite.
Trust in surety is not an aspirational word. It's an operational one. Every term in the canonical trust equation maps to a specific, observable behavior — the way each of the three parties proves itself to the others. What looks like credit underwriting is also trust underwriting. What looks like claims handling is also trust maintenance. The bond is only ever as strong as the trust it encodes.
There's an equation for this.
The Trust Equation — a proven framework for building trust in professional relationships, from Trusted Advisor Associates.7
- 01CredibilityBalance sheet, A.M. Best rating, T-listing, capacity limits, claims-paying history.
- 02ReliabilityTen-business-day pay, no mid-term cancellation, consistent underwriting year over year.
- 03IntimacyThe surety broker–underwriter–principal relationship, deep file knowledge, pre-qualification built across projects.
- 04Self-OrientationCommission-chasing, carrier opportunism in hard markets, cancellation threats when the wind shifts.
“Trust is a confident relationship with the unknown.”
The unknowns stack high in the energy sector. Future cash flows. Interconnection timing. Offtaker solvency. Decommissioning twenty years out. Natural catastrophe exposure. The bond is the instrument that lets the three parties act confidently in the face of all of that.
This is why surety is not a commodity. It's why you can't buy it purely on price. And it's why, if we want to scale this — and we do — we have to treat trust as the product we're building. Not just the math we're marketing.
Catch & Release
How you repeatedly unlock capital that's already stuck.
- 01
Assess existing security. What's in place today? Which utility or ISO (Independent System Operator) is holding it? What's the carrying cost to you?
- 02
Draft the replacement. Work with a surety underwriter on an equivalent bond. Same face value. Same duration. The obligee has an equivalent replacement surety at a cost that is much cheaper for the principal.
- 03
Confirm acceptance in writing before executing the switch. Surety underwrites. Utility verifies.
- 04
Release. Utility accepts the bond. Previously held cash or LC is released. Developer redeploys newly freed capital into the next project.
Then you do it again. On the next obligation. And the one after that. Catch and Release on repeat.
Each site unlocks a few million. Multiply across a fleet. Multiply across three years. A new source of deployable capital — one that didn't exist before, because it was sitting in a segregated account.
Where Surety Applies
Every project has phases. Surety has a role in each.
Development. Post FERC Order 2023-A, surety is now a permitted form. The biggest capital-liberation opportunity — deposits sit idle for years.
Financing. Hyperscalers and data center offtakers carry larger security requirements. Surety makes them affordable.
Construction. Classic territory. The question is who posts the bond, not whether to.
Operation. Every state is writing these into statute — Texas H.B. 3809⁸, Virginia § 15.2-2241.2⁹, North Carolina DEQ¹⁰, and New York (state guidance pending).
Every project has at least two.
Most would have three or more of these bonds.
- Texas
- Texas Legislature Online, “History for 89(R) HB 3809 by Darby”, effective Sep 2025 — capitol.texas.gov
- Baker Botts, “Texas Adopts New Decommissioning Law for Battery Energy Storage Systems”, July 2025 — bakerbotts.com
- Virginia Legislative Information System, “§ 15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices” — law.lis.virginia.gov
- North Carolina Department of Environmental Quality, “Utility-Scale Solar Project Decommissioning Program”, effective Nov 2025 — deq.nc.gov
The Bottom Line
So why now?
Because the stress wave has already started. These weren't bad projects. The capital these companies had was simply in the wrong place.
The obvious survivors would be the ones with the biggest balance sheets. The not-so-obvious survivors are the ones that stopped freezing capital in deposits they didn't need to freeze — and who invested in the trust relationships that make surety scalable.
“We can't afford frozen capital.
Every dollar frozen is a dollar not building.”
A note on the surety market itself. Surety markets are cyclical. After a wave of defaults, carriers tighten — underwriting gets stricter, pricing moves, some capacity steps back. That's not an argument against the tool. That's the tool behaving the way surety always behaves. Surety markets come in cycles; the product is durable.
A note on the demand side. The build ahead is not just the energy transition. It's data center infrastructure — the hyperscaler build-out involving the same offtakers, the same interconnection agreements, the same long-duration obligations. What we've learned in clean energy applies directly. Surety is not a clean energy tool. It can be part of the infrastructure toolkit.
How do we scale surety at industrial pace? Four things.
- 01Standardized bond forms.A standardized baseline form. A core structure that 80% of utilities and ISOs accept, limiting bespoke negotiations to necessary state-specific riders.
- 02Non-cancellable protection.The security stays in effect.
- 03A default is a payable claim.No ambiguity.
- 04Acceptance across utilities, RTOs, and ISOs.FERC and NERC have roles.
Payment and Performance bonds have largely been standardized through AIA Document A312 — and that standardization is a large part of why they clear fast. Could the same path become available to interconnection, PPA, and decommissioning bonds? A form every obligee recognizes is a form every surety can issue quickly.
3 Prompts for Surety Workflows
Each one maps to a specific surety workflow. Because it's 2026, the year of AI workflow.
Many professionals have either tried a chatbot on their work, or been told they should. Most walked away thinking: "this is great for drafting emails, but it doesn't understand my business."
That gap has a name. It's called context engineering. The industry consensus in 2025 shifted from prompt engineering to context engineering — Anthropic's engineering team calls it "the delicate art of filling the context window with just the right information."11 The difference is simple. A prompt is what you ask the model. Context is what the model already knows when you ask.
Role. Input data. Task. Output format.
Before the question. The answer changes completely. For example: here are three prompts, each anchored to a workflow you run today.
Principal Underwriting & Indemnitor Analysis
Workflow: the Three Cs screen plus corporate indemnitor depth.
You are a senior surety underwriter evaluating a new energy-sector principal for a contract bond. ## Input Data - Principal entity: [name, structure, state, years in operation] - Project obligation: [bond type, face value, duration, obligee] - Financials (last 3 years): [revenue, EBITDA, working capital, net worth, bank line utilization] - Backlog: [$M, margin, concentration by obligee] - Character signals: [claims history, liens, litigation, leadership tenure, references] - Corporate indemnitors: [affiliated entities, parent structure, consolidated net worth, cross-guarantees] ## Task 1. Score the principal on the Three Cs (Character, Capacity, Capital) — Red / Yellow / Green on each, with the evidence cited. 2. Assess corporate indemnitor depth: consolidated net worth, cross-guarantee coverage, any affiliate gaps. 3. Flag the single biggest underwriting concern and the mitigation that would change your answer. 4. Identify the 3 diligence items you would require before issuance. ## Output Format - 3Cs Scorecard: Character [R/Y/G] · Capacity [R/Y/G] · Capital [R/Y/G] - Indemnitor Depth: Consolidated NW $[M] · Gap: [narrative] - Biggest Concern: [one line] → Mitigation: [one line] - Diligence List: [3 items] - Preliminary Capacity Indication: [$M single / $M aggregate]
Bond Form Review & Obligee Language Parsing
Workflow: does the proposed bond form work? Where does it break?
You are a surety claims counsel reviewing a proposed bond form for enforceability and alignment with industry practice. ## Input Data - Obligee: [utility / ISO / municipality / corporate] - Bond type: [interconnection / PPA / decommissioning / performance / payment] - Face value and term: [$M, years] - Bond form text: [paste full bond language] ## Task 1. Score the form against the five workable-form features: (a) Defined pay timeline (<= 10 business days) (b) Default as a payable claim (c) Clear claim process (notice, documents, payment trigger) (d) Forfeiture on non-replacement (e) No mid-term cancellation 2. Identify any language that converts an enforceable payable claim into a discretionary investigation. 3. Flag on-demand or unconditional language that mimics letter-of-credit risk triggers (autonomous payment, no defense rights) — which increases underwriting friction and may impact claims-experience assumptions. 4. Recommend the three edits that most improve the form for both obligee protection and surety enforceability. ## Output Format - Feature Scorecard: (a)–(e) [Pass / Fail / Partial] with 1-line evidence - Discretion Risks: [list with line references] - On-Demand / LC-Mimicking Flags: [yes/no · citations] - Top 3 Edits: [edit · rationale · impact]
Claims Scenario & Default-Trigger Modeling
Workflow: if the obligee calls the bond tomorrow, what happens?
You are a surety claims manager walking through a default scenario on a live energy obligation. ## Input Data - Bond in force: [type, face value, duration, obligee] - Principal: [name, current financial status, any distress signals] - Claimed default: [narrative of what happened] - Notice received: [date, form, completeness] - Corporate indemnitor structure: [affiliates, consolidated NW] ## Task 1. Walk through the claim pathway in order: (a) Notice sufficiency — is this a proper claim? (b) Investigation scope — what facts must the surety establish? (c) Investigate-vs-pay decision window — estimate the days. (d) Likely outcome — pay, defend, or negotiate settlement. 2. Model three subrogation scenarios: - Principal solvent and cooperative - Principal distressed, corporate indemnitors solvent - Principal and corporate indemnitors distressed For each, estimate recovery % and timeline. 3. Identify where the GIA gives the surety leverage (audit, collateral, takeover rights, etc.) and where it doesn't help. 4. Flag any bad-faith exposure if the surety delays or denies. ## Output Format - Claim Pathway: (a)–(d) with 1-line conclusions - Subrogation Scenarios: 3 rows · Recovery [%] · Timeline [months] - GIA Leverage Map: [where strong / where weak] - Bad-Faith Watchlist: [3 items]
These are analysis. Not verdicts. The underwriter still underwrites. Claims still require claims counsels. Treat the output as a smart first-pass analyst — one who never sleeps and occasionally makes errors. Check the math. Always.
Get Involved
Unlocking frozen capital does not happen by accident.
It's by design.
Help write the form that you can accept. Invest in the relationships that let you say yes faster.
Run Catch & Release with your clients. Get comfortable with AI tools that sharpen your diligence and memos.
Stop freezing capital you don't need to freeze. Audit every deposit in your book this quarter.
Accept the bond. The security is the same. The capital freed comes back as more clean-energy build.
This is how we move from squeeze to liberation.