On 13 October 2023 Energex submitted a waiver application under clause 5.2 of the Ring-fencing guideline (electricity distribution). Energex requested that the AER waive obligations under clause 3.1 to allow it to undertake a trial of three batteries, including leasing part of the capacity of these batteries 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 4 December 2023 the AER granted a waiver for Energex, with conditions.