The Australian Energy Regulator (AER) has granted a waiver to Evoenergy from obligations under clause 3.1(b) of the Ring-fencing guideline (electricity distribution) to allow it to continue to provide other services to a large customer from 22 May 2026 to 30 November 2026. These other services include separation of protection and control assets across the network boundary at the customer site.
A previous waiver granted on 22 May 2024, prevented Evoenergy being in breach for provision of other services until 22 May 2026, while it undertook a court enforceable undertaking. During this period, Evoenergy has completed the work needed to allow customer appointed electrical operating authority (EOA) to provide these services. However, the customer who is now responsible for organising these services for the site has advised that the new EOA will be unable to complete handover from Evoenergy by 22 May 2026.
This new waiver will allow Evoenergy to transfer responsibility of electrical assets, while ensuring the customer continues to receive reliable and safe supply of electricity. The AER considers that the new waiver will not lead to significant risk of discrimination or cross subsidisation, and competition in the market for these ‘other services’ is being supported as the customer has already appointed a new EOA.
On 22 May 2026, the AER has also varied the court-enforceable undertaking that was accepted in June 2024. The variation amends clause 13 to require Evoenergy to cease providing services to the customer by 30 November 2026.