the State Council Order of the State Council of the People’s Republic of China No. 432 The Regulation on Electric Power Supervision, which was adopted at the 80th executive meeting of the State Council on February 2, Premier of the State Council, Wen Jiabao February 15, 2005 Regulation on Electric Power Supervision Chapter I General Provisions Article 1 With a view to strengthening electric power supervision, regulating the supervision of electric power, and improving the electric Article 2 The tasks of electric power supervision are to maintain the order of the electric power market, to protect the legal rights and interests Article 3 Electric power supervision shall be conducted in accordance with the law and in compliance with the principles of openness, justness Article 4 The electric power supervisory organ of the State Council shall perform the functions of electric power supervision and administrative Article 5 Any entity or individual shall have the right to inform the electric power supervisory organ and the relevant government department Chapter II Supervisory Organ Article 6 The electric power supervisory organ of the State Council may, according to the needs for performing functions, set up representative The representative offices of the electric power supervisory organ of the State Council shall perform their supervisory functions Article 7 A functionary of the electric power supervisory organ engaged in supervisory work shall have the professional knowledge and experiences Article 8 The functionaries of the electric power supervisory organ engaged in supervisory work shall perform their duties faithfully, handle Article 9 The electric power supervisory organ shall establish a supervision responsibility system and a supervision information disclosure Article 10 When an electric power supervisory organ or any of its supervisory functionaries performs electric power supervisory functions, the Article 11 The electric power supervisory organ shall be subject to the supervision of the financial, supervisory and auditing departments of Chapter III Supervisory Duties Article 12 The electric power supervisory organ of the State Council shall, within the scope of its official duties, formulate and promulgate Article 13 The electric power supervisory organ shall issue and administer the electric power business license in accordance with the relevant Article 14 The electric power supervisory organ shall, pursuant to the relevant state provisions, exercise supervision over the market share Article 15 The electric power supervisory organ shall exercise supervision over the implementation of relevant rules and regulations during the Article 16 The electric power supervisory organ shall exercise supervision over the fair and non-discriminatory opening of the electric power Article 17 The electric power supervisory organ shall exercise supervision over the implementation of the operation rules on the electric power Article 18 The electric power supervisory organ shall exercise supervision over the supply of electric power by power supply enterprises to consumers Article 19 The electric power supervisory organ shall be specifically responsible for the supervision and administration of electric power safety. The electric power supervisory organ of the State Council shall, in collaboration with the development and reform department and the Article 20 The competent department of price and the electric power supervisory organ of the State Council shall exercise supervision over electricity Chapter IV Supervisory Measures Article 21 The electric power supervisory organ pursuant to its supervisory duties shall have the power to demand electric power enterprises The electric power enterprise and the trading institutions for dispatching electric power shall faithfully submit relevant documents Article 22 The electric power supervisory organ of the State Council shall establish an electric power supervision information system. The electric power enterprises and the trading institutions for dispatching electric power shall, in accordance with the rules as Article 23 The electric power supervisory organ shall have the right to order electric power enterprises and the trading institutions for dispatching Article 24 When the electric power supervisory organ performs its duties according to law, it may take the following measures to conduct spot (1) Conducting inspection by entering into an electric power enterprise or a trading institution for dispatching electric power; (2) Inquiring the working personnel of an electric power enterprise or a trading institution for dispatching electric power, and ask them (3) Examining and copying the documents and materials relating to the matters being inspected, and sealing up for keeping the documents (4) Correcting on the spot or requesting for making corrections within a prescribed time limit if there is any violation found during Article 25 A functionary engages in electric power supervision shall produce his legitimate certificate when conducting a spot inspection; if Article 26 Where an electric power plant is incorporated into the power grid or the power grids are interconnected, and both parties to the said Article 27 In case a generation safety accident occurs to an electric power enterprise, the enterprise shall immediately take measures to prevent The electric power supervisory organ shall organize or participate in the investigation and handling of electric power generation Article 28 In case an electric power enterprise or a trading institution for dispatching electric power violates any of the laws or administrative Chapter V Legal Liabilities Article 29 Any functionary of an electric power supervisory organ who engages in supervisory work and is found to be under any of the following (1) Issuing electric power business license 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 according to law; (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 post concurrently in an electric power Article 30 In the case of illegal operation of electric power businesses without a license, the electric power supervisory organ shall order Article 31 An electric power enterprise that violates the present Regulation and is found to be under any of the following circumstances shall (1) Failing to observe the operation rules on the electric power market; (2) Failing to abide by any of the rules and regulations when the power plants are incorporated into power grid or the power grids are (3) Failing to fairly and non-discriminatorily open the electric power market to the subjects engaged in electric power transactions, Article 32 An electric power supply enterprise that fails to provide electric power supply services in accordance with the prescribed quality Article 33 Where a trading institution for dispatching electric power violates the present Regulation by failing to organize transactions according A functionary of a trading institution for dispatching electric power who reveals any inside information on electric power transactions Article 34 Where any electric power enterprise or trading institution for dispatching electric power is found to be under any of the following (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 intentionally concealing documents and materials with important facts; or (3) Failing to disclose relevant information in accordance with the regulations and rules of the State on electric power supervision. Article 35 The confiscate illegal gains and fines as prescribe by the present Regulation shall be turned over to the state treasury in accordance Chapter VI Supplementary Provisions Article 36 Electric power enterprises shall pay electric power supervision fees pursuant to the relevant rules as provided for by the administrative Article 37 The present Regulation shall go into effect as of May 1, 2005. |
the State Council
2005-02-15