|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II THE OBJECTS AND CONTENTS OF THE SUPERVISION CHAPTER III THE ADMINISTRATION ON THE OPERATING REGULATIONS OF THE ELECTRIC POWER MARKET CHAPTER IV THE ACCESS TO AND WITHDRAWAL FROM THE ELECTRIC POWER MARKET CHAPTER V THE INTERVENTION AND THE CESSATION OF THE ELECTRIC POWER MARKET CHAPTER VI THE HANDLING OF THE MARKET DISPUTES AND OF THE VIOLATION OF REGULATIONS CHAPTER VII THE SUPERVISION INFORMATION AND ITS DISCLOSURE CHAPTER VIII LEGAL LIABILITIES CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These measures are formulated in accordance with the relevant laws, regulations, and the provisions of the State Council to regulate the electric power market, ensure the uniformity, openness, competition and order of the electric power market. Article 2. These measures shall apply to the supervision of the electric power market within the territory of the People's Republic of China. Article 3. The electric power supervision institutions shall follow the principles of compliance with law, justness and transparency, and perform their duties independently according to law, and are not subject to the illegal interventions by other organizations and persons. CHAPTER II THE OBJECTS AND CONTENTS OF THE SUPERVISION Article 4. The objects to be supervised in the electric power market include the subjects of the electric power market and the operation institutions of the market. The subjects of the electric power market includes enterprises engaging in the generation of electric power and in the operation of power grid, the power-supply enterprises (including the independent power distribution and sales enterprises), who have obtained the license for electric business in accordance with the provisions, and the approved consumers; the operation institutions of the market refer to the trading center for dispatching the electric power. Article 5. The electric power supervision institutions shall make the following supervisions over all the subjects of the market and the operation institutions of the market: (1) The fulfillment of the obligation on the system security; (2) The entering into and the going out of the electric power market; (3) The qualifications for participating in the electric power market; (4) The information disclosure of the electric power market; and (5) The enforcement of all kinds of standards, such as those of the technology, safety, ration and quality. Article 6. The electric power supervision institutions shall make the following supervisions over the enterprises engaging in the generation of electric power at the same time: (1) The market shares in each regional electric power market shall not exceed the prescribed proportion; (2) The formation of the acts of market manipulation power caused by the newly added generators, business operation under lease or merger, re-composition, and alteration of stock equity, which go beyond the scope permitted by the market regulations; (3) Unfair competition, collusion in quotation and the transaction act in violation of the regulations; and (4) The carrying-out of the instruction for operation of the operation institutions of the market. Article 7. The electric power supervision institutions shall make the following supervisions over the enterprises engaging in the operation of power grid at the same time: (1) The situation on providing the services of transmitting electricity by opening the power grid fairly and without discrimination; (2) The situation of capital proceeds; (3) The situation of the generation of electric power of the subordinating enterprises engaging in the generation of electric power; and (4) The situation of implementing the prices for transmitting electric power. The electric power supervision institutions may supervise the enterprises engaging in the operation of the power grid, whose main business is power supply, in light of the provisions of Article 8 of these Measures. Article 8. The electric power supervision institutions may make the following supervisions over the power supply enterprises at the same time: (1) The market transaction acts of the power supply enterprises as the electric power purchaser; (2) The implementation of the prices on the distribution and sale of the electric power; and (3) The quality of the power supply services and of the electric energy. Article 9. The electric power supervision institutions may make the following supervisions over the operation institutions of the market at the same time: (1) The implementation of dispatching the electric power prescribed; (2) The organization of the market transaction of electric power in light of the operation regulations of the electric power market; (3) Ways of obtaining the auxiliary services and the management of the expenses; (4) The execution of the balance at the electric power market; (5) The acts of intervening in the electric power market; and (6) The establishment, maintenance, operation and management of the technology supporting system of the electric power market. Article 10. The transaction acts of the consumers in the electric power market shall be supervised by the electric power supervision institutions. CHAPTER III THE ADMINISTRATION ON THE OPERATING REGULATIONS OF THE ELECTRIC POWER MARKET Article 11. The electric power supervision institutions are responsible for the formulation and administration of the operational regulations of the electric power market, which include regulations such as the basic rules on the operation of the electric power market, operational rules on regional electric power market and the relevant detailed rules matching the operational rules of the electric power market. Article 12. The basic rules on the operation of the electric power market shall be formulated by the State Electric Power Supervisory Commission; The operational rules for the electric power market shall be drawn up by the regional electric power supervision institutions, and may be executed after being approved by the State Electric Power Supervisory Commission; The relevant detailed rules matching the operational rules for the regional electric power market shall be made by the regional electric power supervision institution, and shall be put on record at the State Electric Power Supervisory Commission. Article 13. In case any of the following situations occurs, the electric power supervision institutions shall revise the operational rules for the electric power market: (1) The material adjustment on the laws or policies of the State; (2) Great changes on the environment of market circulation take place; (3) The revision is proposed by the subjects or the operation institution of the market, which is deemed as necessary by the electric power supervision institutions; or (4) Other situations deemed as necessary by the electric power supervision institutions. Article 14. The power to revise the operational rules of the electric power market shall be the same as that of the formulation of the regulations. Article 15. When formulating and revising the operational regulations of the electric power market, the electric power supervision institutions shall, adequately adopt the opinions of the subjects of the market, the operation institutions of the market, the relevant subjects of interests, the relevant parties of the society, and organize the hearings according to the law in case of the material revision. CHAPTER IV THE ACCESS TO AND WITHDRAWAL FROM THE ELECTRIC POWER MARKET Article 16. The system of access registration shall be adhered to in the electric power market. Only those subjects in the electric power market who have registered for market access may participate in the market transaction. Article 17. The market access shall be in line with the following conditions: (1) Holding the permit for carrying out the electric power business and having registered in the competent departments of the administration for industry and commerce; (2) Promising to observe the laws and regulations on the operation of the electric power market; (3) The technical conditions such as the automatic system and the data traffic system meeting the requirements of the electric power market; and (4) Other conditions required by the electric power supervision institutions. Article 18. The procedures for the market access: (1) The subjects of the market shall apply to the electric power supervision institutions and provide the corresponding materials; (2) The electric power supervision institutions shall examine and approve the application materials. Those meeting the conditions shall be approved within 30 days, and the supervision institutions shall notify the operation institutions of the market in written forms to make registration. To those failing to meet the conditions required, the institutions shall notify the applicants in written forms within 30 days and explain the reason; and (3) The electric power supervision institutions shall make public announcements on the application and the handling of it to the other subjects of the market in time. Article 19. The subjects of the market may apply for withdrawing from the electric power markets. The procedures for applying for withdrawing from the market are as follows: (1) The subjects of the market shall file an application at least 30 days ahead of schedule; (2) The electric power supervision institutions shall make decisions within 30 days after receiving the application and notify the applicants in written forms; (3) Where the application is approved, the electric power supervision institutions shall note clearly the time of the withdrawal and inform the operation institutions of the market in time to nullify the registration; in case the application is not approved, the electric power supervision institutions shall explain the reason in written forms to the applicant; (4) The electric power supervision institutions shall make public announcements on the application and the handling of it to the other subjects of the market in time; and (5) The subjects of the electric power market shall keep the continuity of the production and operation before withdrawing from the market and complete the work of transferring the relevant data, information and contracts. Article 20. In case the subjects of the market seriously violate the market regulations, the electric power supervision institutions shall order them to cease the price competition in the market. The procedures for the electric power supervision institutions to order the subjects of the market to cease the price competition are as follows: (1) The electric power supervision institutions shall notify the subjects of the market of the time and the reason for ceasing the price competition 30 days ahead of schedule according to the penalty decisions; (2) The electric power supervision institutions shall notify the operation institutions of the market of the decisions in time; (3) The electric power supervision institutions shall determine when to resume the price competition rights of the subjects of the market according to their rectification and reform, and shall notify the subjects of the market 30 days ahead of schedule of the decisions on resuming the price competition right in the market; (4) The electric power supervision institutions shall notify the operation institutions of the market in time of the decisions on resuming the price competition rights of the subjects of the market; (5) The electric power supervision institutions shall notify the other market subjects of the decisions on ceasing and resuming the price competition; and (6) The subjects of the markets shall keep the continuity of the production and operation during the cessation of the price competition, and complete the work of transferring the relevant data, information and contracts. CHAPTER V THE INTERVENTION AND THE CESSATION OF THE ELECTRIC POWER MARKET Article 21. In case any of the following situations occurs, the operation institutions of the market may make market intervention: (1) The power shortage of the system, which causes it impossible to run normally in light of the market regulation; (2) Major accidents in the system, which will endanger the security of the power grid; (3) Failure in the automatic system and the data traffic system, which causes transactions impossible to be carried out normally; (4) The time when the electric power supervision institutions make decisions on the cessation of the market; or (5) Other necessary circumstances. Article 22. In case any of the following situations occurs, the electric power supervision institutions may make the decision on the cessation of the market: (1) The operation and management of the electric power market are not in line with the provisions of the regulations; (2) The operational regulations of the market cannot meet the needs of the market transaction, and must have material revisions; (3) A serious failure in the automatic system and the data traffic system for a long time, which causes it impossible to carry out the transaction; (4) A force majeure occurs, which makes the transaction of price competition impossible or makes it unnecessary to carry out the electric power transaction; or (5) Other circumstances under which the market transaction shall be ceased. Article 23. The electric power supervision institutions shall determine the electric power transaction price and the transaction methods during the intervention and cessation of the electric power market. Article 24. The operation institutions of the market shall take measures to secure the system during the intervention and cessation of the electric power market, and record the process of the intervention and cessation. CHAPTER VI THE HANDLING OF THE MARKET DISPUTES AND OF THE VIOLATION OF REGULATIONS Article 25. In case any dispute arises from the market transaction between the subjects of the market, and between the subjects of the market and the operation institutions of the market, it should be harmonized and handled by the electric power supervision institutions according to the law. Article 26. The following procedures shall be adhered to by the electric power supervision institutions in handling the market disputes: (1) The disputed parties shall file an application to the electric power supervision institutions for handling the disputes, in which the facts, reasons and legal basis shall be stated; (2) The disputes falling within the scope of the market supervision shall be accepted by the electric power supervision institutions. Those not falling within the scope of the market supervision, the electric power supervision institutions shall not accept, but shall inform the reason to the parties; (3) After accepting the disputes, the electric power supervision institutions may make an investigation and obtain evidences, and may even invite experts and organizations, who are not the interested parties with any of the disputed parties, to take part in the investigation and evidence obtaining activities if necessary; (4) The electric power supervision institutions shall call in the disputed parties to make conciliation and urge them to understand each other and reach a conciliation agreement; and (5) The two parties shall sign a conciliation agreement after the conciliation has been reached. In case the conciliation agreement cannot be reached or executed by the parties, the electric power supervision institutions shall, notify the parties to apply for arbitration according to the arbitration agreement to the arbitral institution or file a suit to the people's court. Article 27. The electric power supervision institutions shall complete the conciliation within two months from the date of acceptance of the market disputes. And the period can be extended properly in case of special circumstances when the extension is necessary, but the extension may not exceed one month. The final documents for the conciliation shall be made after the end of conciliation. Article 28. In case any of the following acts in violation of the regulations occurs, it shall be investigated and handled by the electric power supervision institutions: (1) Obtaining the qualifications of the market access by providing falsified data or by other deceptive means; (2) Colluding and manipulating the market price of the electric power; (3) Acts of violating the market regulations and discriminating the subjects of the market by the operation institutions; (4) Providing falsified information or providing the supervisory information not in line with the market regulations; (5) Not taking part in the settlement of balance in time, and infringing upon the interests of other subjects of the market; or (6) Other acts seriously violating the market regulations. Article 29. The electric power supervision institutions shall handle the acts which violate the market regulations in accordance with the relevant provisions of the Administrative Penalties Law. Article 30. The parties may apply for administrative review or file an administrative litigation according to laws and regulations if they are not satisfied with the decisions made by the electric power supervision institutions. CHAPTER VII THE SUPERVISION INFORMATION AND ITS DISCLOSURE Article 31. The subjects and the operation institutions of the market shall disclose the relevant information in accordance with the operational regulations of the electric power market, and make sure that the information be in time, real, accurate and integral. The electric power supervision institutions are responsible for the formulation of the measures for the collection, administration, and the use of the information of the electric power market. Article 32. The confidential transaction information which will influence the fair competition ought not to be revealed by the electric power supervision institutions, the subjects of the market, and the operation institutions of the market. Article 33. The following information shall be publicized in time by the electric power supervision institutions to the subjects of the market, the operation institutions of the market and the society. (1) Policies and regulations of the State on electric power industry; (2) The basic conditions of the planning of the electric power supply and the electric power grid; (3) The technology, security, ration, quality and service standards concerning the electric power; (4) The regulations, systems and documents on the electric power market promulgated by the electric power supervision institutions; (5) The conditions of access and withdrawal of the subjects of the market; (6) The investigation and handling of market disputes and the regulation-violating acts; and (7) Other necessary information. Article 34. The electric power supervision institutions shall release the report on the supervision of the market by quarter and by year, and publicize it to the society. The report shall include the following contents: (1) The conditions on the supply and requirement of the electric power, the price of the electric power, and the hours of utilizing the equipments for generating electricity; (2) The market transaction or the intervention and cessation of the market; (3) The conditions of the administration on the blocking of the transmitting electricity, and the supporting services obtained; and (4) The evaluation of the market operation and the prediction of the market circulation. CHAPTER VIII LEGAL LIABILITIES Article 35. The subjects of the market and the operation institutions of the market shall observe the relevant regulations with consciousness and shall have the right to report the regulation-violating acts in the market to the electric power supervision institutions, who shall keep secret for the person who makes the report. Article 36. The electric power supervision institutions shall give administrative penalties to the subjects of the market and the operation institutions of the market that commit the acts in violation of the operational rules of the market and the supervisory regulations, in light of the provisions of the relevant laws and regulations. Article 37. The electric power supervisors shall be observant, fair-minded and honest, impartial in enforcing law, and supervise according to law. If any act of the supervisors violates laws and regulations, an administrative sanction shall be imposed on him by the electric power supervision institutions; if the act constitutes a crime, it shall be handed over to the judicial departments by the electric power supervision institutions. CHAPTER IX SUPPLEMENTARY PROVISIONS Article 38. The electric power supervision institutions in all the regional markets shall formulate implementation measures in accordance with these measures, which shall be implemented after being reported to and approved by the State Commission for the Electric Power Supervision. Article 39. The measures shall be implemented for trial from August 1, 2003. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|