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Interim Measures For The Power Dispute Mediation

Original Language Title: 电力争议调解暂行办法

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(March 28, 2005 the State electricity regulatory Commission promulgated as of July 1, 2005, 7th) Chapter I General provisions article, justice, mediation of power disputes in a timely manner in accordance with law, safeguard the legitimate rights and interests of electricity market, maintain market order, in accordance with the relevant laws and administrative regulations, these measures are formulated.
    Article electric power controversies mentioned in these measures refers to power, electric power dispatching business operator trading institutions, power between the activities in the electricity market because of contract disputes.
    Voluntary principles article III power dispute mediation.
    Fourth power regulator and its agencies under the State Council (hereinafter referred to as the electricity regulatory agency) is responsible for the power dispute.
    Article fifth power regulator mediation of power disputes, shall comply with the provisions of laws and administrative regulations, according to the facts, follow the principles of fair, just and reasonable.
    Chapter mediation and mediators sixth electricity regulatory body under the State Council are responsible for mediating the following power disputes: (a) involving two or more regional power market, (ii) has a significant impact across the country, and (iii) national power dispatching institution.
    Seventh State electricity regulatory agency established by the Agency (hereinafter Agency) is responsible for the mediation of power disputes within their respective jurisdictions.
    Agencies prescribed in the preceding paragraph shall be responsible for the mediation of power disputes, in front of the Agency before the establishment or functioning, the electricity regulatory body under the State Council are responsible for the mediation. Mediation of power disputes article eighth power regulators, composed by 3 mediators mediation group.
    Mark little, clear facts, simple electric power controversies affecting the smaller, a mediator can be responsible for mediation.
    Nineth electricity regulatory agency should be familiar with power, legal business in the knowledge of elected mediators.
    Mediator, management of the specific measures shall be prescribed separately.
    Tenth mediators must be devoted to their duties, in accordance with the law, just and honest mediation must not be used facilitate the task of seeking illegitimate interests.
    Third chapter application and accepted 11th article application mediation power dispute, should meet following conditions: (a) party Zhijian has application mediation power dispute of agreement or party party application mediation power dispute, other party said agreed of; (ii) applicants and power dispute has directly interest relationship; (three) has clear of was applicants; (four) has specific of mediation requirements and facts and the reason; (five) belongs to was application of power regulatory institutions jurisdiction; (six) belongs to this approach second article provides of power dispute.
    The 12th under any of the following circumstances, electricity regulators to reject the complaint: (a) have applied to the arbitration the arbitration, (ii) has a lawsuit; (c) not part of power disputes provided for in article II of this approach.
    The 13th article for mediation of power disputes, shall submit a written application to the electricity regulatory body and the relevant evidentiary material and copy submitted in accordance with the number of the respondents.
    Application shall contain the following particulars: (a) the name, sex, age, occupation, place of work, home and legal person or other organization name and address and the name and position of the legal representative; (b) controversial issues and (iii) specific mediate, facts and reasons for the request; (d) the relevant evidence.
    Article 14th power regulators upon receipt of the application for mediation, upon examination, that meet the conditions specified in article 11th shall receive and notify the party concerned in the 7th; on the inadmissibility decision and shall notify the parties in writing and state the reasons. 15th the parties may entrust an agent to participate in the mediation. Principal Deputy, being the principal power of attorney should be submitted.
    Power of attorney shall be signed or sealed by the principal, shall record the agent's name, gender, age, identity, contact, length of delegate and delegate permissions.
    The fourth chapter mediation of power disputes mediation article 16th power regulators, should mediation venue of the 5th, notify the parties in writing and in advance.
    17th think mediators and the parties have an interest in electric power controversies or other relationships may affect the impartial mediation, and is entitled to oral or written for its withdrawal; the mediator thinks he has an interest in electric power controversies or other relationships may affect the impartial mediation, shall voluntarily apply for withdrawal.
    Mediators are avoided, decided by the head of electricity regulatory agency for accepting mediation.
    The mediators after the withdrawal, separately elected mediators.
    18th parties shall provide evidence for his claim.
    Evidence should be presented and cross-examination, without cross-examination of evidence shall not be as the basis for ascertaining the facts. Article 19th power regulator deems it necessary, to units or individuals concerned investigation and evidence collection.
    Survey units or individuals shall assist and provide relevant supporting materials.
    Difficult to when a determination of electric power controversies, power regulator can employ electricity disputing parties not interested experts or organizations to demonstrate the power dispute, or hire an accreditation body identification.
    20th in the conciliation process, one absence without good reason or in any other way to withdraw, a rejection of mediation, regulators shall terminate the mediation.
    21st electric power controversies involving a third party, it shall notify the third party.
    22nd article of any one of the Parties shall not disclose it was informed in the mediation process, and information that might damage the interests of others.
    Electricity regulatory agency shall not disclose to any person in the process of mediation known information that might damage the interests of others. Article 23rd power regulators should end within 45 days from the date of the acceptance of mediation.
    Complex circumstances, cannot end in the time allotted and approved by the head of electricity regulatory agency for accepting mediation, may be appropriately extended, but not longer than 60 days.
    Fifth chapter mediation end 24th article mediation reached agreement of, power regulatory institutions should making mediation book, mediation book should including following content: (a) party of name, and gender, and age, and career, and work units, and residence; corporate or other organization of name, and residence and statutory representative people name, and positions; delegate agent of name, and gender, and age, and career, and work units; (ii) mediation requests; (three) dispute facts; (four) mediation results; (five) other related matters. 25th the conciliation statement shall be signed or sealed by the mediators and the parties, and with power regulator seal.
    Regulators of mediation should be served on the parties concerned in a timely manner.
    Power regulators under the auspices of the conciliation agreement, the Parties shall perform.
    Article 26th mediation no agreement is reached to end mediation.
    Power plant and grid, grid and grid interconnection, grid-connected or connected on both sides still cannot reach agreement through mediation, coordinated by the electricity regulatory authority or ruling.
    The sixth chapter supplementary articles article 27th power operators in these measures refers to power plants, transmission companies, power supply companies and other enterprises engaged in electric power business.
    28th power regulators mediation of power disputes does not charge any fees.
                      29th these measures come into force on July 1, 2005.