In assessing this application, the AER considered that the services provided by the MIST facility are able to contribute to the energy transition and the growth of renewable, distributed generation in line with the NEO.  The AER also considered the potential for harm to competition from this waiver to be limited under current circumstances.

On 8 April 2024, the AER granted the waiver to Ergon Energy, to operate the MIST facility.  The waiver will expire on 30 June 2030.