On 12 June 2026, Evoenergy submitted an application for a waiver from clauses 4.2.1(a), 4.2.2(a) and 4.2.3 of the Ring-fencing Guideline (electricity distribution). The waiver was requested for the purposes of allowing Evoenergy to provide services to the Williamsdale battery energy storage system (BESS) using its existing staff, offices, systems and branding.

Evoenergy requested that the AER grant this waiver because the BESS would receive negotiated transmission services through Evoenergy's dual function assets near Williamsdale. Under the National Electricity Rules, these services are deemed to be negotiated distribution services and, under the guideline, are treated as contestable electricity services. Without a waiver, functional separation obligations would apply, requiring Evoenergy to duplicate staff, offices, systems and branding to provide services that can only be provided through its network. Evoenergy submitted that this would impose costs without delivering competition or consumer benefits.