(Promulgated by Decree No 60 of the State Council on April 17, 1996, and effective as from September 1, 1996.)
Contents
Chapter I General Provisions
Chapter II Electric Power Supply Areas
Chapter III Electric Power Supply Facilities
Chapter IV Electric Power Supply
Chapter V Electric Power Consumption
Chapter VI Electric Power Supply Contract
Chapter VII Supervision and Control
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1
For the purpose of strengthening the control on and management of electric power supply and consumption, protecting the legitimate rights and interests of both electric power suppliers and users, and ensuring electric power supply and consumption to proceed in an orderly, safe, economic and rational manner, these Regulations are hereby enacted pursuant to the Electric Power Law of the People's Republic of China.
Article 2
Within the People's Republic of China, all electric power supply enterprises (hereinafter referred to as the power supplier), electric power users (hereinafter referred to as the user) as well as units and persons related to electric power supply and consumption must abide by these Regulations.
Article 3
The administrative department of electric power of the State Council shall be in charge of the supervision and control of electric power supply and consumption throughout the country.
The administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and control of electric power supply and consumption within their respective jurisdictions.
Article 4
Enterprises which operate electric power networks shall be responsible for the management of electric power supply and consumption within their respective power supply areas, according to law, and shall be subject to supervision by the administrative departments of electric power.
Article 5
The state, in its administration of electric power supply and consumption, follows the principles of safety, economy and a planned utilization of electric power.
Both power suppliers and users shall abide by relevant regulations of the State, and take effective measures to ensure a safe, economic and planned utilization and consumption of electric power.
Article 6
Both power suppliers and users shall, under the principle of equality, volition and consensus through consultations, sign contracts on the supply and consumption of electric power.
Article 7
The administrative departments of electric power shall strengthen their supervision and control over electric power supply and consumption, and ban and prevent any acts that endanger the safety of electric power supply and consumption or any illegal filching of electric power.
Chapter II Electric Power Supply Areas
Article 8
A power supplier shall supply electricity to users within its authorized electric power supply area.
The division of supply areas shall be guided by such factors as the structure of electric power networks and rationalization of electricity supply. Only one electric power supply agency may be set up in one supply area.
Article 9
The establishment or change of electric power supply areas within the territory of a province, autonomous region, municipality directly under the Central Government, shall be applied for by the power supply enterprise, such an application shall be examined and approved by the administrative department of electric power under the people's government of the province, autonomous region, or municipality directly under the Central Government, in consultation with relevant departments at the same level; and, upon approval, the said administrative department of electric power shall issue thereto a Permit for Electricity Supply. The establishment or change of an electricity supply area that involves two or more provinces, autonomous regions or municipalities directly under the Central Government shall be examined and approved by the administrative department of electric power under the State Council, which, upon approval, shall issue thereto the Permit for Electricity Supply. The electricity supply agency shall, on the strength of the Permit for Electricity Supply, apply for and obtain a business license from the relevant administrative department for industry and commerce before it may start the supply of electricity.
The enterprise, which operates an electric power grid shall, in line with the structure of such electric power grid and rationalization of power supply, assist the administrative departments of electric power in dividing power supply areas.
Measures on the division and management of power supply areas shall be formulated by the administrative department of electric power under the State Council.
Article 10
When an electric power generating enterprise operates under a hookup agreement with the power grid, the electric power output, which it feeds into the power grid shall be placed under the unified management of the power supply agency.
Article 11
If the volume of electricity to be consumed by a user exceeds the power supply capacity of the power supplier in the power supply area, in which the said user is located, the relevant administrative department of electric power, at or above the provincial level, shall appoint other electric power suppliers to supply electricity to the said user.
Chapter III Electric Power Supply Facilities
Article 12
The people's governments, at or above county level, shall include plans on the construction and renovation of urban and rural electric power grid into their master plans for urban and rural development. The administrative departments of electric power at various level shall, together with relevant administrative departments and enterprises operating power grids, make sound planning on the construction and renovation of urban and rural power grids. Power suppliers shall, in accordance with such plans, do a good job in the construction and management of electric power supply facilities.
Article 13
Local people's governments at various level shall, in line with the overall plans for urban and rural development, arrange in a well-coordinated manner the land to be used as urban and rural power transmission corridors, channels for electric power cables, and sites of regional substations, regional power distribution stations and service centers.
Power suppliers may, in accordance with relevant State regulations, erect electricity transmission lines, lay electric power cables and build facilities for power supply on the land designated as power transmission line corridors and electric power cables or designated for the construction of regional substations, regional power distribution stations and service centers.
Article 14
The township, ethnic autonomous township and town people's governments or the relevant departments of the people's governments at or above county level shall be responsible for the construction of public street lights, and shall also be responsible for the maintenance thereof and pay the electricity fares therefor, and they may also entrust the power suppliers, by virtue of paid services, to design, construct, maintain and manage such street lights on their behalf.
Article 15
The designing, construction, testing and operation of power supply facilities and power-receiving facilities shall comply with relevant State standards or the electric power industrial standards.
Article 16
When power suppliers and users construct and maintain power supply facilities or power-receiving facilities, relevant units and persons in the area of operation shall provide them with necessary assistance and convenience; if such operations cause damages to buildings or agricultural crops in the area, the suppliers or users responsible shall repair, or pay due compensation for, the damages, according to the provisions of relevant laws and administrative regulations.
Article 17
When public power supply facilities have been constructed and put into operation, the power supply units shall be responsible for their maintenance and management in a coordinated manner. Power suppliers may, upon approval by the administrative departments of electric power, undertake to utilize, renovate or expand such power supply facilities.
The maintenance and management procedure of co-used power supply facilities shall be decided through consultation by the owners; the owners also may maintain and manage them by themselves, or entrust maintenance and management thereof to power suppliers.
After the power supply facilities designed for the exclusive use of a user have been constructed and put into use, the said user shall be responsible for their maintenance and management, or entrust the maintenance and management thereof to the power supplier.
Article 18
Whenever it becomes necessary, for purpose of development, to relocate, renovate or take protective measures for the existing power supply facilities, the construction unit shall consult, in advance, with the managing unit of such power supply facilities, and the construction unit shall bear all costs arising therefrom.
Chapter IV Electric Power Supply
Article 19
The quality of electricity supply at the receiving end of the users shall comply with relevant State standards or the electric power industrial standards.
Article 20
Methods of power supply shall be decided through consultation, under the principle of safety, reliability, economy, rationality and convenient for management, by both the electricity supply and consumption parties involved, while taking into consideration such factors as relevant State policies, power grid planning, demand for electricity consumption and local conditions for electricity supply.
In areas where public power supply facilities are not yet available, the power suppliers may commission those local units with electricity power supply capability to provide power supply for the area. Unless duly commissioned by the power suppliers, no unit may arbitrarily supply electricity to other units.
Article 21
When a rescue and relief operation needs emergency supply of electricity, the power supplier must arrange electricity supply as quickly as possible. Costs of emergency electricity supply project and electricity fees payable shall be paid by the relevant local people's government from funds allocated for rescue and relief operations; however, the users shall pay the electricity fees for power used by them in fighting drought.
Article 22
If a user has special requirement on the quality of electricity supply, the power supplier shall, according to its degree of necessity and the capacity of the power grid, supply electricity, accordingly.
Article 23
In applying for new supply, temporary supply and additional supply of electricity as well as the change and termination of electricity supply, the applicants shall fulfill necessary procedures with local power suppliers, and pay fees therefor according to relevant State regulations; if a power supplier has no justified reason for refusing to provide such electricity supply, it shall supply electricity as required. Power suppliers shall, at their places of business, make public the procedures, rules and fee standard on the supply of electricity.
Article 24
Power suppliers shall, in accordance with State standards or the electric power industrial standard, participate in examining and verifying the design drawings of the users' power-receiving facilities, supervise the construction of the users' hidden power-receiving installation, and inspect and test such power-receiving installations after completion; such installations shall be put into use only after having been inspected and verified as up to required standards.
Article 25
Power suppliers shall adopt a category-specified electricity price system and an hour-specified electricity price system according to relevant State regulations.
Article 26
Users shall install power meters to measure their electricity consumption. The electric power and volume consumed by each user shall be the amount as indicated by such power meter, which has been certified by the official metrological inspection unit, according to law. The meter for measuring electricity consumption shall be installed at the point dividing the property rights of installations of the power suppliers from that of the power-receivers.
The users shall be responsible for the protection of outdoor power meter installations.
Article 27
The power suppliers shall compute and collect electricity fees from users according to the electricity price approved by the State and the records of power consumed as indicated by the power meters.
All users shall pay their electricity fees, according to the electricity price approved by the State and the prescribed method, form and date of payment as stipulated in the contract.
Article 28
Unless stipulated otherwise in these Regulations, the power suppliers shall, under the normal operation of their electricity generating and supply systems, supply electricity to the users continuously; If the suppliers are compelled to suspend their electricity supply due to certain causes, the suppliers shall notify the users in advance or publish open notice according to the following provisions:
1. If it is necessary to suspend electricity supply due to scheduled overhaul of power supply facilities, the power suppliers shall notify the users or publish open notice 7 days in advance;
2. If it is necessary to suspend electricity supply due to unscheduled check and repair of power supply facilities, the power suppliers shall notify the users or publish open notice 24 hours in advance; and
3. If it is necessary to suspend or reduce electricity supply due to a breakdown of the electricity generating or supply system, the power suppliers shall suspend or reduce power supply, according to a pre-scheduled power-supply-cut program. When the cause prompting power supply suspension or reduction is eliminated, the power suppliers shall resume electricity supply as soon as possible.
Chapter V Electric Power Consumption
Article 29
The administrative departments of electric power at or above the county level shall, according to the State's industrial policy, properly arrange the planned utilization of electric power by taking into consideration the needs and priorities of various sectors, while ensuring adequate supply for the key users and the successful economic units.
The power suppliers and users shall work out plans on the economic use of electricity and on popularizing and adopting new technology, new materials, new techniques and new equipment to improve energy conservation so as to reduce the consumption of electric power.
The power suppliers and users shall adopt advanced technology and take scientific measures to ensure safety in the supply and consumption of electricity, so as to prevent the occurrence of accidents and protect the public community.
Article 30
The users may not commit any of the following acts that endanger the safety in power supply and utilization or disrupt the normal order of electricity supply and consumption:
1. To arbitrarily change the specified category of electricity consumption;
2. To arbitrarily exceed the capacity of electricity consumption;
3. To arbitrarily exceed the specified electricity consumption quotas;
4. To arbitrarily re-use those electric power facilities, the use of which has previously been suspended under procedures registered with the power suppliers, or again use without approval, those electric power facilities already sealed up by the power suppliers;
5. To relocate or alter without approval, or operate without approval the power meters, power load control apparatus or power supply facilities owned by the power suppliers or such power-receiving facilities of the users, owned by users but placed under the control of the power suppliers; or
6. To arbitrarily add an outlet or inlet to power sources or hook-up the self-owned power generator into the power grid without approval by the power suppliers.
Article 31
Any act to steal electricity is forbidden. The acts in stealing electricity include:
1. To arbitrarily connect lines to the power supply facilities of the power suppliers to consume electricity;
2. To consume electricity through bypassing the power meter installed by the power suppliers;
3. To falsify or open the official seal on power meters, affixed by the authorized metrological inspection units, to consume electricity;
4. To deliberately damage the power meters installed by the power suppliers;
5. To deliberately cause the power meter to malfunction or become inaccurate; and
6. To steal electricity by any other means.
Chapter VI Electric Power Supply Contract
Article 32
The power suppliers and users shall, based on the demand of the users and the supply capacity of the power suppliers, sign electricity supply and consumption contracts prior to commencing the supply of electricity.
Article 33
An electricity supply and consumption contract shall contain the following clauses:
1. Method, quality and time of electricity supply;
2. Amount of electricity to be consumed, place where electricity is to be supplied to and consumed and the specific category of electricity consumption;
3. Metrological standard and settlement method of electricity consumption and fees;
4. Division of responsibility for the maintenance of power supply and consumption facilities;
5. Term of validity of the contract;
6. Responsibility for breach of the contract; and
7. Other clauses deemed necessary by both parties.
Article 34
The power suppliers shall, according to the quantity, quality, time and method as stipulated in the contracts, duly distribute and supply electricity to the user with guaranteed safety.
The users shall consume electricity at the quantity and terms stipulated in the contracts, and duly pay electricity fees and other fees prescribed by the State.
Article 35
Any change or dissolution of power supply and consumption contracts shall be handled according to the provisions of relevant laws, administrative regulations and these Regulations.
Chapter VII Supervision and Control
Article 36
Administrative departments of electric power shall strengthen their supervision and control over electric power supply and consumption. The supervisors and inspectors for electricity supply and consumption must meet the corresponding qualification requirements. When performing the duty of supervision and inspection, the supervisors and inspectors shall produce their certificates.
Specific measures on the management of electricity supply and utilization shall be drafted by the administrative department of electric power separately.
Article 37
Electricians, are engaged to work on the power-receiving facilities of the users, must first be examined and qualified by the administrative departments of electric power, which will then issue them the "Electrician's Permit for Operation."
Units to undertake installation, maintenance and testing of power supply and power-receiving facilities must first be examined and qualified by the administrative departments of electric power, which will then issue them the "Permits for Undertaking Installation (Maintenance) of Electric Power Facilities", before they can apply for business licenses from the administrative departments for industry and commerce.
Chapter VIII Legal Liability
Article 38
Any one who, in violation of these Regulations, commits any of the following acts, shall be ordered by the administrative department of electric power to make correction, and hand in its illegal proceeds, which will be confiscated; it may be further fined up to five times its illegal proceeds:
1. engaging in electricity supply business without having first obtained a Permit for Electricity Supply according to regulations;
2. supplying electricity to another electric power supply area or across such areas without official approval;
3. lending electricity supply to other units without official approval.
Article 39
In case that any one fails to pay electricity fees within the prescribed time limit, in violation of the provisions of Article 27 of these Regulations, the power supplier may, from the first date overdue payment, charge a daily overdue fine at 0.1 percent to 0.3 percent of the total amount of electricity fees payable; the specific percentage for the overdue fine shall be specified in the power supply and consumption contract by the supplying and consuming parties. If the user, after being urged to pay, still fails to pay its electricity fees, which are 30 days overdue, the power supplier may suspend its electricity supply, according to the procedures prescribed by the State.
Article 40
In case that any one uses electricity in such a way that violates the provisions of Article 30 of these Regulations, the power supplier may, according to the acts of such violation and the consequence caused thereby, press for the payment of electricity fees, and charge extra electricity fees and other costs according to the stipulations of the administrative department of electric power of the State Council; and may even stop its electricity supply, according to the procedures prescribed by the State, if the case is of a serious nature.
Article 41
Any one who stills electric power in violation of the provisions of Article 31 of these Regulations, shall be ordered to stop such illegal activities by the administrative department of electric power, make up the necessary payment of electricity fees, and further pay a fine up to five times the amount of electricity fees payable; if any criminal activity is involved, the case shall be prosecuted according to law.
Article 42
If a power supplier or user violates the power supply and consumption contract, thereby causing losses to the other party, the party breaching the contract shall be held responsible for making compensation according to law.
Article 43
If an accidental breakdown of electric power operation causes damages or losses to the users or any third party, the power supplier shall be held responsible for making compensation therefor according to law.
If damages or losses are caused to the power supplier or other users, through the fault of a user or a third party, the said user or third party shall be held responsible for making compensation therefor according to law.
Article 44
If a staff member or worker of the power supplier violates rules and regulations, thereby causing an electricity supply accident, or such person abuses his or her power, or uses his or her position for personal gains, an administrative penalty shall be given to the said person; and if the said violation or power abuse constitutes a crime, the case shall be prosecuted according to law.
Chapter IX Supplementary Provisions
Article 45
These Regulations shall come into force as from September 1, 1996.
(end)
(Notes: In the case of any discrepancy or inconsistency of this Working Translation with the original Chinese text, the original Chinese text shall prevail.)
