On 1 July 2009, ETSA Utilities submitted a regulatory proposal together with supporting information to the AER. The AER is currently conducting a preliminary examination of ETSA Utilities' regulatory proposal under the National Electricity Rules and National Electricity Law. Once this examination is complete ETSA Utilities' regulatory proposal will be published on the AER's website and a request for submissions will be made.

On 17 July 2009 the AER published its proposed negotiated distribution service criteria (NDSC) for ETSA Utilities. Under clauses 6.7.4 and 6.12.1(16) of the chapter 6 rules, the AER’s distribution determination must set out the NDSC for ETSA Utilities. The NDSC sets out the criteria to be applied by ETSA Utilities in negotiating the terms and conditions of access for negotiated distribution services and will also be used by the AER in resolving any dispute about the terms and conditions of access. Interested parties were invited to make written submissions commenting on the AER's proposed NDSC. Submissions closed on 28 August 2009.

On 6 August 2009, the AER held a public forum in Adelaide for interested parties on the regulatory proposal submitted by ETSA Utilities. The public forum provided ETSA Utilities with an opportunity to explain its proposal and interested parties were able to ask questions.