On 11 April 2003, NECA granted the Applicants an exemption from the requirement to register as a network service provider and the operation of Chapter 5 of the National Electricity Code. The exemption was granted under clause 2.5.1 of the National Electricity Code in accordance with NECA's NSP Registration Exemption Guidelines, and is subject to the following conditions:
- no network charges being applied to ETSA Utilities or any other person for the supply of the emergency backup service;
- the network being operated and maintained by a distributor licenced to operate in South Australia;
- the arrangements at all times remaining compliant with the relevant requirements of the South Australian jursidiction for the licencing or exemption from licencing of the network.