Energy & Commodities Surety Bonds
Evergreen Surety places complex surety bond programs for energy producers, developers, EPC contractors, and power marketers across the United States. We are an independent surety bond agency specializing in oil and gas, electricity and renewables, mining, and water with direct access to the carriers that underwrite these risks.
Energy bond programs are not a side practice here. If you need a bond and you operate in the energy sector, talk to a surety advisor today.
Call: 720-492-9258 Email: emaxfield@evergreensurety.com
For smaller or transactional bond needs:
Buy a BondWho We Work With
Our clients are operators, developers, contractors, and project teams who carry bond requirements as a condition of doing business in the energy sector. They already know what they need. They are looking for an agency with the carrier access and regulatory knowledge to deliver it.
That includes upstream oil and gas operators bonded through state conservation commissions or BLM, pipeline contractors, renewable energy developers managing decommissioning and ISO market obligations, and mining companies with reclamation and financial assurance requirements.
It also includes companies that are questioning whether a letter of credit is really the right instrument for their program, and companies that have been told a bond cannot be placed.
If you are new to the bonding process, start with our [New to Bonding] resource. For one-off transactional bonds, [Buy a Bond] is the faster path.
Oil and Gas Surety Bonds
We place bonds for upstream operators, pipeline contractors, oilfield service companies, and midstream processors, including well plugging and abandonment bonds, operator bonds, BLM federal lease bonds, statewide blanket bond programs, right-of-way bonds, FERC bonds, and construction performance and payment bonds.
State conservation commissions we work with regularly include the Texas Railroad Commission, COGCC in Colorado, WOGCC in Wyoming, NMOCD in New Mexico, and NDIC in North Dakota. For offshore accounts, BOEM administers financial assurance requirements separately from BLM onshore programs.
States are tightening blanket bond adequacy requirements as orphan well backlogs grow. If your program has not been reviewed against current operator tier thresholds, it may be underweight. For obligees requiring letter of credit format, a surety-backed letter of credit may be worth exploring.
Electricity and Renewables Surety Bonds
We work with solar and wind developers, EPC contractors, battery storage developers, transmission companies, wholesale power marketers, and companies securing electricity delivery obligations for data centers.
For Texas companies in the ERCOT wholesale market, surety bonds are accepted in lieu of cash collateral deposits for market participant financial assurance. This is a direct cost-of-capital advantage. We place market participant bonds across ERCOT, CAISO, PJM, MISO, SPP, NYISO, ISO-NE, and other ISOs, RTOs, and TSOs.
Solar decommissioning is the fastest-growing bond requirement in renewables. County ordinances are proliferating across Colorado, Wyoming, Nevada, and Arizona, with amounts driven by independent cost estimates that vary by jurisdiction. We also place decommissioning bonds for wind and battery storage projects, FERC-regulated project bonds, BOEM offshore wind financial assurance, and transmission interconnection bonds.
For hydropower operations, FERC is the primary federal obligee. Licensed hydro projects are required to carry hydroelectric license bonds as a condition of their operating license, and dam safety financial assurance may apply depending on project size and jurisdiction. Pumped storage projects, which are FERC-licensed and often carry long development timelines, require financial assurance bonds during both the construction and operational phases. We place bonds for conventional hydro operators, pumped storage developers, and projects undergoing FERC relicensing.
Mining Surety Bonds
We place reclamation bonds, permit bonds, and construction performance and payment bonds for hard rock operators, coal companies, uranium producers, lithium developers, and aggregate producers. Federal reclamation bonds run through BLM and the U.S. Forest Service for hardrock mining, and through OSMRE under SMCRA for coal. State regulators we work with include Colorado DRMS, the Nevada Division of Minerals, the Arizona State Mine Inspector, Wyoming DEQ, and the New Mexico Mining and Minerals Division.
Many operators previously relying on self-bonding are now being required to post surety as states tighten eligibility. We have structured those transitions and know what each agency requires for substitution approval. Bond amounts vary by methodology and jurisdiction, and knowing how they are calculated before engaging with an obligee matters.
Why Evergreen Surety
Carrier access
The carriers that underwrite energy-specific risks, including solar decommissioning, BOEM offshore financial assurance, ERCOT market participant bonds, and mine reclamation programs, are a select group.
Most generalist agencies do not have established relationships with them. When an energy company is told a bond cannot be placed, the problem is almost always carrier access, not qualification. We have multiple access points to the carriers that specialize in these programs, and those relationships are the first call, not the fallback.
Regulatory depth
Knowing the obligee matters as much as knowing the bond type. BLM, BOEM, FERC, COGCC, the Texas Railroad Commission, DRMS, and county decommissioning offices each have specific bond language requirements, submission processes, and approval timelines.
We structure bonds for these agencies directly and have the working knowledge to get them approved without revision cycles.
Financial fluency
Energy companies often carry financial structures that require specific handling in surety underwriting: JV entities, tax equity arrangements, reserve-based lending, non-calendar fiscal years, non-standardized statements. We work directly with your CFO, CPA, and legal advisors to present financials in the format underwriters respond to.
Tom holds the Certified Construction Industry Financial Professional (CCIFP) designation, reflecting a level of financial analysis depth that goes beyond standard surety agency practice.
One point of contact
From the first conversation through bond issuance and renewal, you work with the same person. There are no processors and no account hand-offs.
For complex energy bond programs, that means faster decisions, accurate information throughout the process, and a single relationship that carries the full history of your program.
Our Process
Call or Email Our Team
That first conversation covers your bond requirement, the obligee, scope, and timeline. It also tells us what to ask for, so you are not pulling documents that do not apply to your situation.
Submit Your Financials and Program Details
For energy accounts, that typically means two to three years of financial statements, a description of operations, and any project-specific documentation the obligee requires. If your financials involve a JV structure, tax equity arrangement, or reserve-based lending facility, we work with your CFO and CPA before anything goes to the carrier.
We Submit and Advocate
For straightforward programs, turnaround is fast. For complex accounts, including large decommissioning programs, offshore financial assurance, and ERCOT market participant bonds, we build a complete underwriting package and work directly with the underwriter. We do not drop an application in and wait.
Bond Issued in the Format Your Obligee Requires
That may be an original document, an electronic copy, or a SWIFT-transmitted letter of credit through a bank partner, depending on what the obligee accepts.
Ongoing Management
We handle renewals, modifications, and program increases as your operations change. You should not have to rebuild your program from scratch every year.
About Tom Patton and Evergreen Surety
Tom Patton, President
Tom Patton is the President of Evergreen Surety and the current President of the Rocky Mountain Surety Association. He holds the Certified Construction Industry Financial Professional (CCIFP) designation and regularly presents on surety and bond education for organizations including Denver International Airport and the Colorado Department of Transportation.
Associations: Small Business Association, Hispanic Contractors of Colorado, Associated General Contractors, American Subcontractors Association.
About Evergreen Surety
Evergreen Surety is an independent surety bond agency, not owned by a carrier or affiliated with a larger insurance group. We are licensed throughout the United States and Canada, with deep familiarity with the regulators, obligees, and market participants across Colorado, Texas, Wyoming, New Mexico, Nevada, and the broader Mountain West. We work closely with clients’ bankers, CPAs, and legal advisors to structure bond programs that support the long-term health of the business, not just the immediate requirement.
Frequently Asked Questions
Can we use a surety bond instead of a letter of credit?
In most cases, yes. Surety bonds do not require collateral, do not draw on your credit line, and do not appear as a liability on your balance sheet. For ERCOT market participants, surety bonds are explicitly accepted in lieu of cash collateral deposits.
How is a solar decommissioning bond amount calculated?
County ordinances vary significantly. Some use a per-acre or per-megawatt formula. Others require an independent third-party cost estimate covering panel or turbine removal, site grading, and land restoration. Bond amounts can also change as ordinances are updated or amended. We track current requirements across Mountain West counties and help clients anticipate bond sizing before a requirement catches them off-guard.
Our company has a complex financial structure. Can we still qualify?
Yes, but how the financials are presented matters enormously. JV structures, tax equity arrangements, and reserve-based lending are common in energy and are not disqualifying on their own. We work directly with your CFO, CPA, and legal team to structure the submission in the format underwriters respond to. We have placed bonds for accounts that were declined elsewhere because the financial story was not told correctly.
We were told this bond could not be placed. Is that accurate?
Not necessarily. The energy surety market is more specialized than the construction market, and many generalist agencies do not have relationships with the carriers that underwrite offshore decommissioning, large mine reclamation programs, or ERCOT market participant bonds. If you were declined, the problem is almost always carrier access, not your qualification. It is worth a second opinion.
What is a market participant bond and do ISOs accept surety?
A market participant bond is a financial assurance instrument required by Independent System Operators (ISOs), Regional Transmission Organizations (RTOs), and Transmission System Operators (TSOs) for companies participating in wholesale electricity markets. ERCOT, CAISO, PJM, MISO, SPP, NYISO, and ISO-NE all have financial assurance requirements for market participants. Several, including ERCOT, explicitly accept surety bonds in lieu of cash collateral. For generators, traders, and load-serving entities, this is a meaningful cost-of-capital advantage.
How long does it take to get an energy surety bond?
It depends on the bond type and the complexity of your account. Standard performance and payment bonds for EPC contractors with established financials move quickly. Large decommissioning programs, offshore financial assurance, and market participant bonds for new market entrants require a more thorough submission and take longer. We will give you an honest timeline at the start of the process based on your situation and the carrier involved.
What financials does an energy company need to submit?
Typically two to three years of financial statements, a description of operations and relevant experience, and any project-specific documentation the obligee requires. For non-standard financials involving tax equity structures, JV entities, or reserve-based lending, we work with your team to present the information in the format the carrier needs to make a decision.
Do you work with companies outside Colorado?
Yes. We are licensed throughout the United States and Canada. We work with clients in Texas, Wyoming, New Mexico, Nevada, North Dakota, Arizona, Montana, California, and across the country. Our Mountain West focus reflects deep familiarity with regional regulators, including COGCC, TRRC, WOGCC, NMOCD, NDIC, and DRMS. It is not a limitation on where we work.
Get In Touch
Energy bond programs are complex. The right program starts with a conversation, not a form.
For smaller or one-off bond needs: