On 26 February 2024 Ergon energy submitted a waiver application under clause 5.2 of the Ring-fencing Guideline (electricity distribution). Ergon Energy requested that the AER waive obligations under clause 3.1 to allow it to transfer and operate a battery under its Local Battery Plan, including leasing part of the capacity of the battery unit to a third-party for participation in wholesale energy arbitrage, ancillary services, and other emerging markets. The AER considered this waiver under its streamlined waiver process.
On 27 March 2024 the AER granted a waiver for Ergon Energy, with conditions.