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Power Grid Interconnection Dispute Settlement Provisions

Original Language Title: 电力并网互联争议处理规定

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(November 2, 2006 the State electricity regulatory Commission promulgated as of January 1, 2007, 21st) first in order to regulate the electricity grid interconnection disputes, promoting grid equity, non-discrimination and open to ensure electricity transactions normally, power system safe and stable operation, safeguarding the legitimate rights and interests of electric power enterprise and public interest, regulated under the Electricity Ordinance, these rules are formulated. Power grid interconnection referred to in the provisions of article disputes, including grid-connected power disputes and electricity interconnection disputes.
    Power grid-connected controversy refers to the power companies and grid-connected power companies cannot reach the scheduling agreement, electricity transactions normally dispute; electricity interconnection dispute refers to the network there is no interconnection between enterprise scheduling agreement, electricity transactions normally controversial.
    Article state electricity regulatory Commission and its agencies (hereinafter referred to as the electricity regulatory agency) power grid interconnection dispute shall follow reasonable, lawful, fair and efficient principles.
    Power grid interconnection dispute likely to endanger the safety and stability of power system operation or other significant effects, regulators should take measures to prevent the effects of expansion.
    Fourth power regulatory agency staff to deal with the power grid interconnection disputes, should be devoted to their duties, in accordance with the law, impartiality and integrity, must not use the virtue of seeking illegitimate interests. Article fifth power grid-connected disputes from the seat of power grid enterprises of the State electricity regulatory Commission Regional Bureau Office responsible for handling the city; not yet established regulatory Office of the city, by region region of the State electricity regulatory Commission of the authority responsible for handling. The region across provinces, autonomous regions and municipal power grid-connected disputes by region of the State electricity regulatory Commission, where the grid companies the authority responsible for handling.
    Across the region or have a significant impact in the country's power grid-connected disputes dealt with by the State electricity regulatory Commission. Electricity interconnection disputes dealt with by the State electricity regulatory Commission Regional Bureau.
    Across the region or have a significant impact in the country's electricity interconnection disputes dealt with by the State electricity regulatory Commission.
    Sixth generation enterprises and enterprises, power grid enterprises and power grid interconnection between the power companies dispute, the two sides should be resolved through consultation by the parties through consultation, either party may apply to the electricity regulatory body.
    Article seventh power plant or power regulator power grid enterprise application grid interconnection dispute shall submit a written application and in accordance with the number of the respondents submitted a copy of the application.
    Application shall contain the following particulars: (a) the name, domicile and the name and position of the legal representative; (b) the specific matters under dispute, and (iii) specific treatment, facts and reasons for the request; (d) the relevant evidence and its directory.
    Eighth article power regulatory institutions received power grid interconnected dispute processing applications Hou, should on applications of content for preliminary review, according to following provides handle: (a) meet this provides second article, and fifth article provides of, should be accepted, and since decided accepted of day up 7th within written notification party, and will applications copy served was applicants; (ii) not meet this provides second article, and fifth article provides of, not accepted, written notification applicants, and description not accepted of reason.
    Nineth electricity regulatory agency found that power plants and the power grid enterprises, between the power grid interconnection between the power companies and grid companies disputed, should be under jurisdiction of the electricity regulatory authority for verification, to meet the requirements of the provisions of the second, fifth, shall be accepted and decided to accept the date of 7th by notice in writing to the parties.
    Article tenth shall be from the date it receives notification of the acceptance of the applicant submitted to the regulators within the 10th defence material and relevant evidence.
    Power regulator in accordance with the provisions of article Nineth admissible, it shall be from the date it receives notification of the acceptance by the parties within 10th electricity regulatory agency to submit a written statement and relevant evidential materials.
    11th electricity regulatory agency for electricity grid interconnection disputes, can form a dispute settlement panel.
    Disputes-group-specific contact for parties, promoting the parties ' exchange of views, to organize the necessary research and demonstration, opinion and judgment and to deal with the matters raised. 12th electricity regulatory agency for electricity grid interconnection dispute shall ascertain the facts and listened to the views of the parties, review of written material and relevant evidence provided by the parties.
    If necessary, the power regulator can organize parties cross-examine and debate with each other, or in accordance with law, investigation, inspection or verification.
    Electricity regulatory agency for grid-connected electricity interconnection disputes, should be studied to determine the parties ' fundamental disagreement prompted the parties ' exchange of views around the main differences.
    13th electricity regulatory agency for electricity grid interconnection disputes should be coordinated, based on the facts, in accordance with the law, rules and regulations, proposed opinion power grid interconnection disputes.
    14th Party accepted opinion power grid interconnection disputes, regulators should make coordination of power grid interconnection dispute submissions, dispute processing terminates.
    Based on power grid interconnection dispute coordination of submissions should be signed by the parties-grid scheduling protocol or Internet scheduling protocol.
    Coordination should be since the end of the dispute within 60 days from the date of acceptance. 15th the party or the parties do not accept opinion power grid interconnection disputes, coordinate end.
    Electricity regulatory body shall coordinate the end date of the 15th to give a ruling. Article 16th power regulators ruled that the power grid interconnection disputes shall be made the award.
    Power grid interconnected dispute ruling book should including following content: (a) party of name, and residence, and statutory representative people of name and positions; (ii) dispute of matters, and reason and requests; (three) ruling finds of facts and applies of legal, and administrative regulations and regulations,; (four) ruling results; (five) refuses to ruling results of relief way and statutory term; (six) made ruling of institutions name, and seal and date.
    Article 17th power grid interconnection dispute the award shall be served in the 10th after regulators ruled. Article 18th power grid interconnection dispute is very complicated, the client application or the electricity regulatory body deems it necessary, according to the different types of dispute, invited Parties not interested in power technology, economic, and legal experts, will hold a demonstration.
    Each argument will invite experts shall not be less than 5.
    Conclusions of the expert or dispute resolution, should be regarded as opinion or ruling power grid interconnection dispute decision basis.
    Article 19th power regulators before making a ruling, according to the agreement, and reported to the electricity regulatory filings.
    Of the parties to an agreement among themselves, as has withdrawn his application, dispute processing terminates. Article 20th power grid interconnection dispute decisions made according to law, the Party shall be performed within the time limit specified in the ruling.
    Fails to perform, be ordered by regulators to perform and publicize; refused to comply, the electricity regulatory authority shall apply to the people's Court for compulsory execution.
    Article 21st on power refuses to accept the decisions of regulators, can file an administrative reconsideration or administrative proceedings.
    22nd parties do not comply with the relevant regulations and rules, according to the electric power regulation 31st article be dealt with according to law.
    23rd parties refuse or hinder the power regulator and its personnel engaged in supervision to perform their supervisory duties, or providing false information or concealing important facts, documents, information, according to the electric power regulation 34th section be dealt with according to law.
    24th electricity regulatory agency staff to deal with the electricity grid interconnection dispute abuse, malpractice, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                            25th article of the regulations come into force on January 1, 2007.