On 17 May 2022 Energex submitted a waiver application under clause 5.2 of the Ring-fencing guideline (electricity distribution). Energex requested that the AER waive the obligations under clause 3.1 to allow it to supply excess capacity for up to 35 batteries. The AER considered this waiver under its streamlined waiver process.
On 2 June 2022 the AER granted a waiver for Energex, with conditions.