The full text of the regulations of Shanghai Municipality on power supply and consumption 20 19 (draft)

Regulations of Shanghai Municipality on Power Supply (Draft)

Chapter I General Provisions

Article 1 (Purpose and Basis)

In order to strengthen the management of power supply and use, supply and use electricity safely, economically and reasonably, and protect the legitimate rights and interests of all parties involved in power supply and use, these Regulations are formulated in accordance with the Electricity Law of People's Republic of China (PRC), the Regulations on Power Supply and Use, and other laws and administrative regulations, combined with the actual situation of this Municipality.

Article 2 (Scope of Application)

These Regulations shall apply to the supply and use of electric power within the administrative area of this Municipality, as well as related safety and management activities.

Article 3 (Government Duties)

The municipal and district (county) people's governments shall strengthen their leadership over the work of power supply and use, and establish and improve the coordination mechanism for power supply and use.

The municipal competent department of economic informatization is the competent department of electric power operation in this Municipality, responsible for monitoring and coordinating the daily operation of electric power in this Municipality, and supervising the safety of power supply and electricity use in conjunction with relevant departments.

The municipal development and reform department is responsible for organizing the preparation of the city's power grid construction plan, coordinating and promoting the city's power grid construction and power market construction, coordinating the balance of power grid construction funds, and doing a good job in electricity price supervision and management.

Planning land, construction, industry and commerce, environmental protection, quality and technical supervision, public security, transportation, water affairs, greening and other departments shall, according to their respective responsibilities, do a good job in the management of power supply and electricity consumption.

The agency of the state electricity regulatory agency shall be responsible for the electricity regulatory work in accordance with the relevant provisions of the state.

Article 4 (Responsibilities of Power Supply and Demand Parties)

Power grid enterprises shall provide various power supply services such as installation, metering, meter reading and maintenance. , shall not discriminate against power selling units and their power users, and provide guaranteed power supply services in accordance with the agreement.

Power supply enterprises (including power grid enterprises and other power sales entities) shall provide safe power supply in accordance with the provisions of laws and regulations and the provisions of power supply contracts, accept social supervision, and improve the service level of power supply.

Power users shall use electricity in a safe and orderly manner in accordance with the provisions of laws and regulations and the provisions of power supply contracts, and shall not harm the legitimate rights and interests of others and social and public interests.

Article 5 (Principles of Power Supply and Utilization)

Power supply and demand should follow the principle of "safe, reliable, efficient and orderly, safeguarding people's livelihood, saving energy and reducing emissions", promote economic restructuring and industrial transformation and upgrading, and serve the economic and social development of this Municipality.

Article 6 (Scientific and Technological Innovation)

Encourage and support scientific and technological innovation in the field of power supply and consumption, develop smart grids, introduce and popularize new technologies and materials, promote the transformation of the development mode of the power industry and optimize the energy structure, and improve the modernization level of power grid development and the level of energy conservation and utilization.

Chapter II Power Supply

Article 7 (Convenient Service)

Power supply enterprises shall establish an open system in their business premises, publicize the procedures, time limits, service specifications, charging items, standards and basis of electricity consumption, and announce the service telephone numbers and complaint telephone numbers of relevant administrative departments to the society.

Power supply enterprises should provide 24-hour service for repair and complaint acceptance seven days a week, simplify business procedures, set up reasonable charging channels, and carry out publicity on safe use of electricity for the convenience of power users.

Article 8 (Power Supply Contract)

Power supply enterprises and power users shall, in accordance with the provisions of laws and regulations, sign power supply contracts to determine the rights and obligations of all parties.

Before the implementation of these regulations, non-resident power users and power supply enterprises have not signed a power supply contract, and shall sign a power supply contract through consultation within six months from the date of implementation of these regulations. If one party fails to negotiate and sign within the time limit, the other party shall remind it in writing. After being urged, if one party refuses to negotiate and sign a contract without justifiable reasons, both parties may not perform the obligations of the power supply contract.

If a power supply enterprise signs a power supply contract with a power user and adopts a format contract, when drafting the format contract or making major adjustments to the format contract, the municipal electric power operation department shall organize a hearing to listen to the opinions of the public, social organizations and relevant stakeholders. The format contract shall not violate the mandatory provisions of laws and regulations.

The power supply enterprise shall submit the format contract to the municipal administrative department for industry and commerce and the municipal electric power operation department for the record.

Article 9 (Power Supply Requirements)

Power supply enterprises shall provide safe power supply in accordance with the quantity, quality, time and manner stipulated in laws and regulations and the power supply contract.

In the case of normal power generation and power supply system, power supply enterprises should continuously and stably supply power to power users. Unless otherwise stipulated by laws and regulations or power supply contracts, power supply enterprises shall not take measures to limit or cut off electricity without authorization.

Article 10 (Measuring Device)

Electricity consumption by power users shall be based on the records of qualified electric energy metering devices verified by metrological verification institutions according to law.

Electric energy metering devices shall be installed at the property right boundary between power supply facilities and power receiving facilities. Electric energy metering devices and power supply facilities are maintained by power grid enterprises. Power receiving facilities shall be maintained by the power users, unless otherwise agreed by the parties.

After the electric energy metering device is put into use, the electric power user shall not place anything in front of the device that affects the accuracy of meter reading or metering and endangers the safety of the device. When power users find that the electric energy metering device is lost, damaged or fails, they shall promptly inform the power grid enterprises. Power grid enterprises shall repair or replace them free of charge, except for the reasons caused by power users themselves.

When power grid enterprises maintain electricity metering devices, power users should give necessary cooperation.

Article 11 (Protective Devices)

Power supply enterprises and power users shall install safety protection devices respectively according to the ownership of power supply facilities and power receiving facilities.

The installation of safety protection devices shall comply with relevant technical standards. Power supply enterprises and power users should maintain regularly to ensure the normal operation of safety protection devices.

Article 12 (Emergency Disposal)

The municipal electric power operation department shall formulate an emergency plan for the handling of power supply accidents in this Municipality, regularly carry out emergency drills for the handling of power supply accidents, and organize the investigation and evaluation of power supply accidents.

Power grid enterprises shall formulate specific implementation plans according to the emergency plan for handling power supply accidents in this Municipality, and organize emergency drills at least once a year.

When there is a large-scale power outage due to serious natural disasters or major accidents, power grid enterprises should repair as soon as possible and give priority to restoring power supply to key areas and important power users.

Article 13 (Emergency Maintenance Requirements)

Power supply enterprises should reasonably arrange emergency repair forces within the city to repair power failures in time. From the time of receiving the emergency repair report, the time limit for arriving at the site for emergency repair shall not exceed 60 minutes within the outer ring road and 90 minutes outside the outer ring road. If it is impossible to arrive at the site within the prescribed time limit due to special reasons such as weather and traffic, it shall explain the reasons to the repairer.

Article 14 (Orderly Use of Electricity)

The municipal competent department of electric power operation shall formulate the overall plan for orderly electricity use in this Municipality every year, deal with power shortage or overload operation, and guide and coordinate orderly electricity use in conjunction with relevant departments.

Power grid enterprises shall implement power rationing or power rationing due to power shortage or overload operation in accordance with the order and measures determined by the orderly power utilization plan, and notify the power users. In the case that the reasons of power restriction and power outage are eliminated and meet the requirements of power supply safety, power grid enterprises shall restore power supply and compensate power users in accordance with the relevant provisions of the state and this Municipality.

Non-resident power users shall, in accordance with the relevant provisions of the state and this Municipality, cooperate with power grid enterprises to install power load management systems.

Article 15 (Requirements for Power Failure Notice of Planned Maintenance)

Power supply enterprises shall announce the power outage area, power outage lines and power outage time through the media at least seven days in advance on the bulletin boards of relevant communities in this Municipality, the websites of power supply enterprises and service application software.

Article 16 (Suspension of Power Supply)

In any of the following circumstances, the power supply enterprise may suspend power supply:

(1) Electrical equipment interferes with and hinders the power supply quality of the power grid, resulting in the power supply quality not meeting the relevant technical standards or causing harm to the power supply safety, and the rectification is unqualified within the prescribed time limit;

(2) stealing electric energy;

(three) there are hidden dangers of electrical equipment that seriously threaten personal safety or major property safety, and they are not corrected;

(four) refusing to implement the orderly electricity use plan, disrupting the order of electricity supply and use;

(five) refusing to dismantle or overdue demolition of illegal buildings used for production and operation, and stopping providing electricity for production and operation in violation of the requirements of the implementation department;

(six) due to illegal discharge of pollutants, the municipal or district (county) people's government has made a decision to suspend business or close down, and the municipal or district (county) environmental protection department has made a decision to suspend business for rectification;

(seven) refused to implement the land expropriation decision, the court granted compulsory execution, and the housing management department or the planning and land department requested to stop providing electricity for production and operation;

(eight) other circumstances in which the power supply can be suspended as stipulated by laws and regulations.

If the power supply is suspended due to items (1), (5), (6) and (7) of the first paragraph of this article, the power supply enterprise shall notify the power users at least 24 hours in advance; If the power supply is suspended due to items (2), (3) and (4), it shall also inform the power users of the reasons for suspension. If the power supply enterprise stops power supply due to emergency avoidance or force majeure, it shall not be restricted by this paragraph.

In case of any of the circumstances specified in Items (5), (6) and (7) of the first paragraph of this article, the power supply enterprise shall suspend power supply according to the written notice of the administrative organ or relevant judicial documents.

When a power supply enterprise stops supplying power to power users, it shall ensure safe operation, and shall not affect the normal use of electricity by other power users, or affect public interests or endanger public safety. After the reasons for the suspension of power supply are eliminated, the power supply enterprise shall resume power supply as soon as possible.

Article 17 (Prohibition of Infringement on Power Users)

Power grid enterprises shall not carry out the following acts that harm the rights and interests of power users:

(1) Refusing to supply power to power users without any legal or regulatory basis;

(two) not in accordance with the national and municipal electricity price standards;

(3) Failing to cut off power in the prescribed order;

(four) the power supply does not meet the national power quality standards;

(five) other acts that damage the rights and interests of power users.

Chapter III Electricity Consumption

Article 18 (power consumption requirements)

The access of power users' electrical equipment to the power grid shall conform to the relevant technical standards and shall not endanger the quality of power supply or the safety of the power grid. Power users should rectify the electrical equipment that may cause harm. If the rectification still does not meet the relevant technical standards, the power grid enterprise shall not access the power grid.

Encourage power users to use energy-saving electrical equipment to save electricity reasonably.

Article 19 (Important Power Users and Other Power Users with Special Requirements)

Important power users should be equipped with multi-channel power supply, self-provided emergency power supply or take other emergency safeguard measures in accordance with relevant technical standards. Power supply enterprises should establish an important power user file database, and do a good job in guiding and checking the use of electricity. Measures for the safety management of power supply for important power users shall be formulated separately by the municipal power operation department.

Other power users' requirements for power quality and power supply continuity are higher than the national power quality standards, which shall be stipulated in the power supply contract. Power supply enterprises can not meet their special requirements, power users should be equipped with power generation equipment or uninterrupted power supply.

The term "important power users" as mentioned in these Regulations refers to power users who occupy an important position in the society, politics and economy of a country or a city, and the interruption of power supply may cause personal injury, greater environmental pollution, greater political influence, greater economic losses and serious social disorder.

Article 20 (Requirements for Safe Production of Important Power Users)

Power supply enterprises and important power users should regularly investigate the security risks of all their power supply facilities and power receiving facilities.

Power supply enterprises should regularly check the power receiving facilities of important power users, and power users should cooperate. When the power supply enterprise conducts inspection, the staff shall produce valid certificates. If the safety inspection involves commercial secrets, the power supply enterprise shall keep them confidential.

Power supply enterprises shall promptly inform, guide and urge important power users to rectify, and report to the municipal power operation department and the safety production supervision and management department for the record in accordance with the regulations.

Important power users should formulate emergency plans to deal with power outages, clarify personnel responsibilities and disposal procedures, and organize emergency drills at least once a year.

The municipal electric power operation department shall organize and carry out daily supervision, inspection, publicity and education on the safety of power supply and electricity use for important power users.

Article 21 (Payment of Electricity Fees)

Power users shall, in accordance with the provisions of laws and regulations and the contract, pay their electricity bills in time by means of meter reading to households, purchasing electricity in advance, pre-storing electricity bills, and settling accounts by stages.

Article 22 (Differential Electricity Price)

In accordance with laws, regulations and the relevant provisions of the state, this Municipality charges the following power users more than the ordinary electricity price:

(a) Use of restricted or obsolete devices;

(two) the use of equipment that exceeds the energy consumption limit standard of a unit product;

(three) due to serious illegal discharge of pollutants by administrative punishment and has not been corrected.

The power supply enterprise shall collect the electricity fee in full according to the notice of the municipal electric power operation department. The electricity price difference is managed separately and turned over to the municipal finance.

Article 23 (Objection to Accuracy of Measuring Devices)

Power users who have objections to the accuracy of electric energy metering devices may entrust metrological verification institutions for verification, and power supply enterprises shall cooperate with them.

After verification, if the objection is established, the verification fee shall be borne by the power supply enterprise; If the objection is not established, the verification fee shall be borne by the power user.

Accounting for the refund of electricity charges and electricity charges due to measurement errors of metering devices shall be implemented in accordance with relevant technical standards.

Article 24 (Opposition to Suspension of Power Supply)

Power users who have objections to the suspension of power supply by power supply enterprises may inquire about the power supply enterprises or complain to the municipal power operation department.

After receiving the objection, the power supply enterprise shall verify it as soon as possible and reply to the power user within three working days. If the objection is established, the power supply shall be restored immediately. If there is no reply within the time limit or the power users still have objections to the reply, the power users may complain to the municipal power operation department.

The municipal electric power operation department shall handle complaints according to law in accordance with its duties.

Article 25 (Objection to Electricity Fees)

Power users who have objections to the collection of electricity charges can inquire about the power supply enterprises.

After receiving the objection, the power supply enterprise shall verify it as soon as possible and reply to the power user within five working days. If the objection is established, the overcharged electricity fee shall be refunded in time. If there is no reply within the time limit or the power users still have objections to the reply, the power users may complain to the price management department.

The price management department shall handle complaints according to law in accordance with its duties.

Article 26 (It is forbidden to manufacture and sell power stealing devices)

No unit or individual may manufacture or sell electricity stealing devices.

Article 27 (Acceptance of Reports)

Any unit or individual who finds any violation of the provisions of these regulations has the right to report to the municipal electric power operation department.

The municipal electric power operation department shall set up a special telephone number and acceptance place.

Chapter IV Power Supply and Demand Guarantee

Article 28 (Power Grid Construction Planning)

The municipal development and reform department shall, jointly with the municipal planning and land department, organize the formulation of the city's power grid construction plan and incorporate it into the corresponding urban and rural planning. The power grid construction planning of this Municipality shall conform to the national economic and social development planning of this Municipality, and be connected with the national power grid planning.

The planning and land department shall, in combination with the power grid construction planning, delimit the planning control boundary for the planned control substations (stations) and transmission line passages, and clarify the relevant control indicators and requirements.

Once the power grid construction plan is approved, it shall be strictly implemented, and no unit or individual may illegally occupy the land for power supply facilities and transmission lines determined in the plan.

Article 29 (Examination and Approval of Power Supply Facilities Construction Projects)

The examination and approval of new power grid projects shall be handled in accordance with the relevant provisions of the state and this Municipality.

The departments of development and reform, land planning, construction, environmental protection, transportation, water supply and greening shall simplify the examination and approval procedures according to their respective responsibilities and actual conditions.

Article 30 (Construction of Overhead Power Lines)

If the construction of overhead power lines (including tower foundations) requires the use of other people's land, the land owner shall provide necessary convenience. Power grid enterprises shall, in accordance with the provisions, give one-time economic compensation to the relevant land contractual management right holders, collective land owners or construction land use rights holders.

The planning and land department shall handle the construction project planning permit according to the project approval document, the approved planning conditions document, the agreement entrusted by the district (county) or the township government to carry out economic compensation work and other materials.

Article 31 (Compensation for Temporary Use)

If the power supply enterprise needs to temporarily use the adjacent real estate due to the maintenance or overhaul of power supply facilities, the real estate owner shall provide the necessary convenience. If the power supply enterprise causes property losses to the real estate obligee, it shall compensate according to law.

Article 32 (Charging and Changing Facilities for Electric Vehicles)

Power grid enterprises are responsible for the construction of supporting networking projects in which electric vehicle charging and replacing facilities are connected to the public power grid from the boundary point of power supply facilities and power receiving facilities, and provide high-quality and convenient supporting services for the construction of electric vehicle charging and replacing facilities.

Article 33 (Acts endangering the construction of power supply facilities are prohibited)

Power supply facilities are the public infrastructure of the whole society. No unit or individual may commit the following acts that endanger the construction of power supply facilities:

(a) illegal occupation of power supply facilities construction land or planning control land;

(2) Altering, moving, removing or damaging surveying stakes or other signs for the construction of power supply facilities;

(three) destruction, blocking construction roads, cutting off construction water or power supply;

(four) other acts that hinder or destroy the construction of power supply facilities.

Chapter V Legal Liability

Article 34 (Guidelines)

In violation of the provisions of this Ordinance, laws and regulations have been punished, from its provisions.

Article 35 (Punishment for Illegal Acts of Power Grid Enterprises)

Power grid enterprises, in violation of the provisions of Article 14 of these regulations, fail to limit or cut off power in accordance with the prescribed order, and the municipal power operation department shall order them to make corrections and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

Article 36 (Punishment for Illegal Acts of Power Supply Enterprises)

If a power supply enterprise, in violation of the provisions of Article 13 of these regulations, fails to arrive at the scene for emergency repair within the prescribed time limit without justifiable reasons, or fails to issue a power outage notice as required in violation of the provisions of Article 15 of these regulations, the municipal electric power operation department shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.

If a power supply enterprise fails to collect electricity charges according to the electricity price standards stipulated by the state or this Municipality, it shall be handled by the price management department in accordance with relevant laws and regulations.

Article 37 (Punishment for Illegal Acts of Important Power Users)

Important power users who, in violation of the provisions of the first paragraph of Article 19 of these regulations, should be equipped with multi-channel power supply and self-provided emergency power supply but not equipped, or should take other emergency safeguard measures but not taken, which may cause public disorder or personal injury to others, shall be ordered by the municipal electric power operation department to make corrections; If no correction is made within the time limit, a fine of not less than 50 thousand yuan but not more than 300 thousand yuan shall be imposed.

Article 38 (Penalties for Manufacturing and Selling Electricity Stealing Devices)

Whoever, in violation of the provisions of Article 26 of these regulations, manufactures or sells power stealing devices shall be ordered by the municipal electric power operation department to make corrections, confiscate the illegal income and power stealing devices and their special production tools, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Article 39 (Penalties for Endangering the Construction of Power Supply Facilities)

In violation of the provisions of article thirty-third, endangering the construction of power supply facilities, the municipal electric power operation department shall order it to make corrections and impose a fine of not less than ten thousand yuan but not more than fifty thousand yuan; If the circumstances are serious, a fine of 50,000 yuan to 300,000 yuan shall be imposed.

Article 40 (Administrative Responsibility)

In violation of the provisions of this Ordinance, the staff of the municipal electric power operation and other administrative departments have one of the following acts, and shall be given administrative sanctions by the higher authorities or supervisory organs in accordance with the Civil Service Law of People's Republic of China (PRC), the Regulations on the Punishment of Civil Servants of Administrative Organs and other relevant laws and regulations:

(a) failing to implement supervision and management in accordance with the provisions;

(two) the illegal implementation of administrative punishment;

(three) do not perform their duties according to law, resulting in avoidable power supply accidents;

(four) other acts of dereliction of duty and delaying work.

Article 41 (Credit Management)

The relevant administrative departments shall incorporate the information of power supply enterprises and power users who are subject to administrative punishment in violation of the provisions of these Regulations into the municipal credit information service platform, and announce the information of enterprises subject to administrative punishment to the public through the enterprise credit information publicity system.

Power supply enterprises should incorporate the information of electricity users' arrears in electricity charges into the municipal public credit information service platform.

Chapter VI Supplementary Provisions

Article 42 (Effective Date)

These Regulations shall come into force as of.