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Energy Deposit Bonds

by Cielito Villanueva

​Estimated Reading Time: 5min

The New Requirement for AI Data Centres: Utility Deposit Bonds

As artificial intelligence infrastructure expands across North America, developers are discovering that building a data centre is no longer just a real estate or technology challenge. Increasingly, the most difficult hurdle is securing access to electricity.

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Large AI computing facilities require enormous amounts of power, and utilities must ensure that the electrical grid can support these loads without exposing ratepayers to financial risk.

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As a result, many developers are encountering a requirement that rarely appears early in the development conversation:

utility security deposits.

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Power Has Become the Scarce Resource

For much of the past two decades, data-centre development focused primarily on connectivity, cooling, and real estate availability.

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Today, however, electrical capacity has become the most constrained resource.

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Modern AI workloads require dramatically more electricity than traditional web hosting or cloud storage. A single high-performance AI cluster can consume as much electricity as a small town, while large-scale facilities may require tens or even hundreds of megawatts of capacity.

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Because expanding transmission infrastructure and substations can take years, many regions are now facing significant delays when developers request new large power connections.

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This reality has changed how projects are being developed.

Rather than waiting years for new grid connections, many companies are repurposing existing powered facilities where electrical infrastructure is already in place.

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These sites can include:

  • legacy data centres originally built for web hosting or cloud storage

  • former crypto-mining facilities

  • industrial properties with large electrical service

  • underutilized computing or colocation sites

  • locations already connected to substations or transmission infrastructure

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Repurposing these facilities can dramatically accelerate project timelines, but even when power infrastructure already exists, developers must still secure approval from the local utility to reserve long-term electrical capacity.

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What Utilities Need to See from New Developers

Many of the new entrants into AI infrastructure are startup companies or project entities backed by private investors, rather than large technology companies with established balance sheets.

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When utilities evaluate requests for large electrical capacity, they typically require developers to demonstrate several forms of financial and project readiness, including:

  • proof of committed project financing

  • investor capitalization of the project entity

  • engineering and construction plans

  • development timelines and milestones

  • contractual commitments for equipment and infrastructure​

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In addition to these requirements, utilities often require financial security deposits to ensure that infrastructure investments made on behalf of the project will be recovered if the project does not proceed.

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For projects requiring 30 to 100 megawatts or more of power, these deposits can reach several million dollars, depending on the infrastructure upgrades required.

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Why Utilities Require Security Deposits

When a developer requests a large power connection, utilities may need to make substantial investments before the facility even begins operating.

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These upgrades can include:

  • expanding transmission capacity

  • reinforcing distribution networks

  • upgrading substations

  • reserving long-term generation capacity

 

Because these investments are made in advance, utilities require financial security to ensure that the developer fulfills the obligations outlined in the service agreement.

 

Without this security, ratepayers could be exposed to the cost of infrastructure built for projects that never move forward.

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Traditional Security Options

Utilities typically accept financial security in the form of:

  • cash deposits

  • bank letters of credit

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Cash deposits tie up capital that investors may prefer to allocate toward:

  • land acquisition

  • facility upgrades

  • electrical equipment

  • server infrastructure

  • construction costs

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Letters of credit can also consume valuable bank credit facilities that developers may need for project financing.

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The Role of Utility Deposit Bonds

An alternative solution sometimes accepted by utilities is a utility deposit bond.

 

Instead of posting cash or drawing on bank credit, the developer obtains a bond from a surety company that guarantees the financial obligations under the utility agreement.

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If the developer fails to meet those obligations, the surety compensates the utility up to the bond amount.

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For the developer, this structure provides the required financial assurance while allowing capital and credit facilities to remain available for project development.

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A New Competition for Electricity

One of the emerging realities of the AI infrastructure boom is that data centres are increasingly competing with traditional development for access to electricity.

 

Utilities must now balance power demand between:

  • AI and high-performance computing facilities

  • residential housing growth

  • manufacturing and industrial development

  • electrification initiatives

  • transportation infrastructure

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In regions where power capacity is limited, utilities are becoming more selective about which projects receive access to large blocks of electricity.

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As a result, developers who can demonstrate financial strength, project readiness, and credible infrastructure plans are more likely to secure approval.

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A Growing Consideration in Infrastructure Development

As the global demand for AI computing continues to expand, access to reliable and scalable electrical capacity will remain one of the most important constraints in data-centre development.

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For new developers entering the market — particularly those backed by private investment — understanding utility security requirements early in the development process can help avoid delays and unexpected capital demands later in the project lifecycle.

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Utility deposit bonds are one of several tools that can help developers manage these requirements while preserving capital for project construction and expansion.​

Disclaimer

This content is general in nature and provided for informational purposes only. It is not legal, accounting, or tax advice. Bonding outcomes depend on underwriting review and individual circumstances.

About the Author

Cielito Villanueva is a commercial insurance and surety broker and Vice President at Wilson M. Beck Insurance Services. He advises contractors, owners, project and industry stakeholders on bonding, insurance, and risk management, with more than 20 years of experience addressing complex issues in the construction landscape.

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