On 20 September 2022 Essential Energy submitted a waiver application under clause 5.2 of the Ring-fencing guideline (electricity distribution). Essential Energy requested that the AER waive their obligations under clause 3.1 to allow it to trial the joint ownership and operation of 35 pole top batteries. The AER considered this waiver under its streamlined waiver process.
On 20 October 2022 the AER granted a waiver for Essential Energy, with conditions.