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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II SUPERVISORY ORGAN CHAPTER III SUPERVISORY DUTIES CHAPTER IV SUPERVISORY MEASURES CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated for the purpose of strengthening electric power supervision, regulating the supervision of electric power, and improving the electric power supervisory system. Article 2. The tasks of electric power supervision are to maintain the order of the electric power market, protect the legitimate rights and interests of those who invest in, manage or consume the electric power and the social public interests, to guarantee the safe and stable operation of the electric power system and to promote the sound development of the electric power industry. Article 3. Electric power supervision shall be conducted in accordance with the law and in compliance with the principles of openness, justness and efficiency. Article 4. The electric power supervisory organ of the State Council shall perform the functions of electric power supervision and administrative law enforcement pursuant to the present Regulation and the relevant provisions of the State Council. The relevant departments of the State Council shall perform relevant supervisory functions and administrative law enforcement functions pursuant to the laws, administrative regulations and the relevant provisions of the State Council. Article 5. Any entity or individual shall be entitled to report to the electric power supervisory organ and the relevant government department if there is any violation of the present Regulation and the state provisions on electric power supervision, and the electric power supervisory organ and other relevant government departments shall handle it without delay, and shall grant a reward to the person who makes contributions to such report. CHAPTER II SUPERVISORY ORGAN Article 6. The electric power supervisory organ of the State Council may, in accordance with the requirements for performing functions, set up representative offices upon the approval of the State Council, and apply unitary leadership and administration to the offices. The representative offices of the electric power supervisory organ of the State Council shall perform their supervisory functions within the scope authorized by the electric power supervisory organ of the State Council. Article 7. A functionary of the electric power supervisory organ engaged in supervision work shall possess the professional knowledge and operational work experiences suitable for electric power supervision. Article 8. The functionaries of the electric power supervisory organ engaged in supervision shall be loyal to their duties, handle matters in pursuance of the law, be impartial and clean, and may not seek improper interests by taking advantages of their posts or hold concurrent positions in the electric power enterprise or the trading institution for dispatching electric power. Article 9. The electric power supervisory organ shall establish a supervision responsibility system and a supervision information publicity system. Article 10. When an electric power supervisory organ or any of its supervisory functionaries performs electric power supervisory functions, the departments and persons concerned shall support and cooperate with them. Article 11. The electric power supervisory organ shall be subject to the supervision of the finance, government supervision and auditing departments of the State Council. CHAPTER III SUPERVISORY DUTIES Article 12. The electric power supervisory organ of the State Council shall, within its functions, formulate and issue regulations and rules on electric power supervision in accordance with the laws, administrative regulations and the present Regulation. Article 13. The electric power supervisory organ shall issue and administer the licenses for electric power businesses in accordance with the relevant laws and the relevant provisions of the State Council. Article 14. The electric power supervisory organ shall, pursuant to the relevant state provisions, exert supervision over the proportion of electric power generation enterprises to each electric power market. Article 15. The electric power supervisory organ shall exert supervision over the implementation of relevant regulations and rules during the course of incorporating power plants into the power grid, the connection between grids and the coordinated cooperation between power plants and power grids. Article 16. The electric power supervisory organ shall exert supervision over the electric power market's fair and non-discriminatory opening to the subjects engaged in electric power transactions, and the conditions on the electric power transmission enterprises' fair opening of its grids. Article 17. The electric power supervisory organ shall exert supervision over the implementation of the operational rules on the electric power market by electric power enterprises and the trading institution for dispatching electric power, and the conditions on the implementation of rules on dispatching electric power by the trading institution for dispatching electric power. Article 18. The electric power supervisory organ shall exert supervision over the supply of electric power by power supply enterprises to consumers in accordance with the quality of electric energy and the electric power supply services provided for by the State. Article 19. The electric power supervisory organ shall be specifically responsible for the electric power safety supervision and administration. The electric power supervisory organ of the State Council shall, in collaboration with the development and reform department and the administrative department of work safety of the State Council, formulate prepared plans for handling serious safety accidents of electric power generation and establish a system for emergency treatment in serious safety accidents of electric power generation. Article 20. The price administrative department and the electric power supervisory organ of the State Council shall exert supervision over electricity prices in accordance with the laws, administrative regulations and the provisions of the State Council. CHAPTER IV SUPERVISORY MEASURES Article 21. The electric power supervisory organ shall, pursuant to its supervisory duties, have the power to demand electric power enterprises and the trading institutions for dispatching electric power to submit documents and materials relating to the supervisory matters. The electric power enterprise and the trading institutions for dispatching electric power shall faithfully submit relevant documents and materials. Article 22. The electric power supervisory organ of the State Council shall establish a supervision information system of electric power. The electric power enterprises and the trading institutions for dispatching electric power shall, pursuant to the rules prescribed by the electric power supervisory organ of the State Council, connect relevant supervision information system with the supervision information system of electric power. Article 23. The electric power supervisory organ shall be entitled to order electric power enterprises and the trading institutions for dispatching electric power to faithfully disclose relevant information in accordance with the regulations and rules on electric power supervision prescribed by the State. Article 24. When the electric power supervisory organ performs its duties according to law, it may adopt the following measures to conduct on-the-spot inspection: (1) Conducting inspection by entering into an electric power enterprise or a trading institution for dispatching electric power; (2) Inquiring the functionaries of an electric power enterprise or a trading institution for dispatching electric power, and requesting them to explain the relevant matters being inspected; (3) Examining and copying the documents and materials relating to the matters being inspected, and sealing up the documents and materials that may be displaced, hidden or destroyed; and (4) Correcting on the spot or requesting for making corrections within the time limit for any violation found during the inspection course. Article 25. A functionary engaged in electric power supervision shall show his legitimate certificate when conducting an on-the-spot inspection; if he fails to do so, any electric power enterprise or any trading institution for dispatching electric power shall be entitled to refuse the inspection. Article 26. Where an electric power plant is incorporated into the grid or the grids are interconnected, and both parties to the said incorporation or to the said interconnection fail to reach an agreement and thus affecting the normal electric power transaction, the electric power supervisory organ shall carry out mediation thereto; if the mediation fails, the electric power supervisory organ shall make a decision. Article 27. In case a generation safety accident occurs to an electric power enterprise, the enterprise shall take measures to prevent the accident from deterioration and to make a report to the electric power supervisory organ and other relevant departments. Upon receipt of report on a serious electric power generation safety accident, the electric power supervisory organ shall take treatment measures pursuant to the prepared plans for great electric power generation safety accidents. The electric power supervisory organ shall organize or participate in the investigation and handling of electric power generation safety accidents in accordance with the relevant state provisions. Article 28. In case an electric power enterprise or a trading institution for dispatching electric power violates any of the laws or administrative regulations on electric power supervision or the regulations and rules on electric power supervision, or has any act of endangering social public interests, the electric power supervisory organ may make public the said violation or act as well as the treatment thereof. CHAPTER V LEGAL LIABILITIES Article 29. Any functionary an electric power supervisory organ who is engaged in his supervision work and is found to be under any of the following circumstances shall be given an administrative sanction; if any crime is constituted, he shall be subject to criminal liabilities: (1) Issuing licenses for electric power business by violating the relevant laws and provisions of the State Council; (2) Failing to deal with any found act of illegal operation of electric power businesses; (3) Failing to timely deal with any found violation or exposure of violation; or (4) Seeking improper interests by taking advantage of his post. In case a functionary of an electric power supervisory organ engaged in supervision holds a concurrent position in an electric power enterprise or a trading institution for dispatching electric power, the electric power supervisory organ shall order him to make corrections, confiscate his incomes from the concurrent job. If he refuses to make corrections, he shall be removed or dismissed. Article 30. In the case of illegal operation of electric power businesses without a license thereof, the electric power supervisory organ shall order it to make corrections and confiscate its illegal proceeds and may give it a fine of less than five times of its illegal proceeds; if any crime is constituted, it shall be subject to criminal liabilities. Article 31. An electric power enterprise that violates the present Regulation and is found to be under any of the following circumstances shall be ordered to make corrections by the electric power supervisory organ. If it refuses to do so, it shall be fined 100,000 yuan up to 1,000,000 yuan, and the principal and other persons held to be directly responsible shall be punished according to law; where the circumstances are serious, its license for electric power business may be revoked: (1) Failing to abide by the operational rules on the electric power market; (2) Failing to abide by any of the regulations and rules when the power plants are incorporated into the grid or the electric grids are interconnected; or (3) Failing to fairly and non-discriminatorily open the electric power market to the subjects engaged in electric power transactions, or failing to fairly open the grid according to the provisions. Article 32. An electric power supply enterprise that fails to provide electric power supply services in accordance with the quality standards on electric energy and electric power supply services shall be ordered to make corrections and given a warning. Where the circumstances are serious, the principal and other persons held to be directly responsible shall be punished according to law. Article 33. Where a trading institution for dispatching electric power violates the present Regulation by failing to organize transactions pursuant to the operational rules on the electric power market, it shall be ordered to make corrections by the electric power supervisory organ. If it refuses to make corrections, it shall be fined 100,000 yuan up to 1,000,000 yuan, and the principal and other persons held to be directly responsible shall be punished according to law. A functionary of a trading institution for dispatching electric power who reveals any inside information on electric power transactions shall be ordered to make corrections by the electric power supervisory organ and be imposed with punishments. Article 34. Where any electric power enterprise or trading institution for dispatching electric power is found to be under any of the following circumstances, it shall be ordered to make corrections. If it refuses to do so, it shall be fined 50,000 yuan up to 500,0000 yuan, and the principal and other persons held to be directly responsible shall be punished according to law. If any crime is constituted, the offender shall be subject to criminal liabilities: (1) Refusing or obstructing the electric power supervisory organ or its functionaries from performing its or his duties; (2) Offering false documents and materials or offering documents and materials with important facts being intentionally concealed; or (3) Failing to disclose relevant information in accordance with the regulations and rules of the State on electric power supervision. Article 35. The illegal proceeds from fines and forfeitures prescribe by the present Regulation shall be turned over to the state treasury pursuant to the relevant state provisions. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 36. Electric power enterprises shall pay electric power supervision fees pursuant to the relevant rules provided for by the price and finance administrative departments of the State Council. Article 37. The present Regulation shall come into force as of May 1, 2005. |
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