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电力供应与使用条例 REGULATIONS ON SUPPLY AND UTILIZATION OF ELECTRICITY

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国务院令第196号
(Promulgated by Decree No. 196 of the State Council of the People's Republic of China on April 17, 1996)
颁布日期:19960417  实施日期:19960901  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated according to the Electric Power Law of the People's Republic of China for the purposes of strengthening the administration of electricity supply and utilization, protecting the legitimate rights and interests of electricity supplying and demanding parties, maintaining the order of electricity supply and utilization and realizing a safe, economical and rational supply and utilization of electricity.

  Article 2 Within the territory of the People's Republic of China, all enterprises supplying electricity (herein after referred to as electricity supply enterprises), users of electricity (hereinafter referred to as users) and other organizations and persons involving in electricity supply and utilization shall observe these Regulations.

  Article 3 The administrative department of electric power of the State Council shall be in charge of the supervision and administration of electricity supply and utilization throughout the country.

  The administrative departments of electric power of the people's governments at county level and above shall be responsible for the supervision and administration of electricity supply and utilization within their respective administrative regions.

  Article 4 Electric network operating enterprises shall handle the electricity supply and utilization business within their own supply areas in accordance with law and be subject to the supervision of the administrative department of electric power.

  Article 5 The state adopts the principle of safe, economical and planned use in the administration of electricity supply and utilization.

  Electricity supply enterprises and users shall abide by relevant state regulations and adopt effective measures to pursue a safe, economical and planned utilization of electricity.

  Article 6 Electricity supply enterprises and users shall sign electricity supply and demand contracts on the basis of equality, voluntariness and negotiation.

  Article 7 Administrative departments of electric power shall strengthen the supervision and administration of electricity supply and utilization, coordinate the relations between the electricity supplying and demanding parties and forbid any act that threaten the safety of electricity supply and utilization and any act of illegally seizing electric energy.

  Chapter II Electricity Supply Areas

  Article 8 An electricity supply enterprise shall supply electricity to users within its authorized supply area.

  For the division of supply areas, such factors as the structure of electric networks and rationality of electricity supply shall be taken into consideration. Every supply area shall have only one supply agency.

  Article 9 For establishment or change of an electricity supply area within a province, autonomous region or municipality directly under the central government, the electricity supply enterprise shall submit an application; after examined and approved by the administrative department of electric power of people's government of the province, autonomous region or municipality directly under the central government in conjunction with other relevant departments at the same level, a Permit for Electricity Supply shall be issued to the applicant by the said administrative department of electric power. The establishment or change of a supply area involving tow or more provinces, autonomous regions or municipalities directly under the central government shall be examined by the administrative department of electric power of the State Council, which, if approving, shall issue a Permit for Electricity Supply to the applicant. The electricity supply agency shall, on the strength of the Permit for Electricity Supply, apply for and obtain a business license from the administrative department for industry and commerce before it may start the supply of electricity.

  Electric network operating enterprises shall, in accordance with the structure of electric networks and the principle of nationality of electricity supply, assist the administrative department of electric power in the division of electricity supply areas.

  Measures for division and administration of electricity supply areas shall be formulated by the administrative department of electric power of the State Council.

  Article 10 The electric power delivered to a hookup network by electricity production enterprises under hookup agreements shall be unifiedly managed and sold by the electricity supply agency.

  Article 11 If a user demand an electricity capacity beyond the ability of the supply enterprise of the supply area to which the user belongs, the administrative department of electric power at provincial level or above shall designate another supply enterprise for the user.

  Chapter III Electricity Supply Facilities

  Article 12 People's governments at county level and above shall incorporate the planning for construction and renovation of urban and rural electric networks in the general plan for the urban and rural construction. Administrative departments of electric power at various levels shall, in conjunction with other relevant administrative departments and electric network operating enterprises, make proper planning for the construction and renovation of urban and rural electric networks. Electricity supply enterprises shall arrange the construction of electricity supply facilities and manage the operation in accordance with said planning.

  Article 13 Local people's governments at various levels shall, in accordance with the general planning for urban and rural construction, make an overall arrangement for land needed for urban and rural electricity supply line corridors, electric cable channels, regional transformation and distribution stations and service agencies.

  Electricity supply enterprises may, in accordance with relevant state regulations, set up lines, lay cables and construct public electricity supply facilities on the land planned for line corridors, cable channels, regional transformation and distribution stations and service agencies.

  Article 14 People's governments of townships, nationality townships, and towns or relevant departments of local people's governments at county level or above shall be in charge of the construction, operation and maintenance of street lamps and pay the electricity fee, or they may also entrust, with compensation, an electricity supply enterprise with the work of design, construction, maintenance and management.

  Article 15 The design, construction, test and operation of electricity supply and receipt facilities shall be consistent with the national or industrial standards of the electric power.

  Article 16 When electricity supply enterprises or users construct or maintain electricity supply or receipt facilities, the relevant organizations and persons in the operation areas shall provide assistance and convenience. If any damage is caused to buildings or crops in operations, restorations shall be made or proper compensation be given in accordance with provisions of relevant laws and administrative regulations.

  Article 17 Public electricity supply facilities which have been completed and put into operations shall be unifiedly maintained and managed by the electricity supply unit. With an approval of the administrative department of electric power, the electricity supply enterprise may use, renovate and extend the electricity supply facilities.

  Owners of joint electricity supply facilities shall consult and make determination upon the maintenance and management of said facilities. The owners may either carry out the maintenance and management by themselves or entrust them to an electricity supply enterprise.

  Electricity supply facilities for a special user which have been completed and put into operations shall be maintained and managed by said user, or the user may entrust them to an electricity supply enterprise.

  Article 18 If there is a need for any construction to remove, renovate or take protective measures to any completed electricity supply facilities, the construction unit shall consult with the facilities managing unit in advance. The expenses needed therefor shall be borne by the construction unit.

  Chapter IV Supply of Electricity

  Article 19 The quality of electricity at the users' end shall conform to the national or industrial standards of electric power.

  Article 20 The form of electricity supply shall be determined through consultation by the parties to the electricity supply and demand under the principles of safety, reliability, economy, rationality and being easy to manage and according to relevant state regulations, the electric network planning, electricity demand and the local electricity supply conditions and other relevant conditions.

  For an area which public electricity supply facilities can not reach, the electricity supply enterprise may entrust the supply to a nearby unit which has the ability. No unit may supply electricity to others except with the entrustment of an electricity supply enterprise.

  Article 21 When a rescue or relief operation needs an urgent supply of electricity, the electricity supply enterprise must arrange the electricity supply as quick as possible. The costs on the supply project needed and electricity fees payable shall be borne by the relevant department of the relevant local people's government from the relief funds, with the exception of electricity fees for drought relief which shall be borne by users.

  Article 22 If a user has special requirements on the quality of electricity supply, the electricity supply enterprise shall, according to its necessity and the probability of the electric network, supply electricity accordingly.

  Article 23 Applications for new use, temporary use or additional capacity, change or termination of electricity utilization shall all accomplish the procedures with the local electricity supply enterprise and fees shall be paid therefor in accordance with relevant state regulations. The electricity supply enterprise may not refuse to supply electricity except with some justified reasons. Every electricity supply enterprise shall, at its place of business, make public the procedures, rules and charge standards on the utilization of electricity.

  Article 24 Electricity supply enterprises shall, in accordance with the national or industrial standards of electric power, participate in the verification of designs of users' electricity receipt and transmission facilities, conduct supervision over the construction of the covered parts of users' electricity receipt and transmission facilities and inspect said facilities after they are completed. Only those having passed the inspection may be put in operations.

  Article 25 Electricity supply enterprises shall, in accordance with relevant state regulations, adopt the system of charging electricity fees on the basis of classification of electricity utilization and division of time period when electricity is used.

  Article 26 Users shall install metering apparatus on electricity consumption. The amount of electricity consumed by a user shall be the amount indicated by such apparatus certified by the metro logical inspection authorities. A metering apparatus shall be installed on the dividing line of the ownership of the electricity supply facilities and receipt facilities.

  A user shall be responsible for the protection of its electricity metering apparatus which is installed outside.

  Article 27 Electricity supply enterprises shall compute and collect electricity fees from users according to the electricity price approved by the state and the records indicated by the electricity metering apparatus.

  Users shall pay electricity fees according to the price approved by the state and the specified form and time limits or in a way agreed upon in contracts.

  Article 28 Except otherwise stipulated in these Regulations, under normal operation of the electricity generating and supply systems, the electricity supply enterprise shall supply electricity to users continuingly. When there is a need to interrupt the supply due to some reasons, the electricity supply enterprise shall, in accordance with the following provisions, notify the users or give public notice in advance:

  (1) When there is a need to interrupt the electricity supply due to a planned check and inspection of the supply facilities, the electricity supply enterprise shall notify users or give public notice seven days before;

  (2) When there is a need to interrupt the electricity supply due to an emergency check and inspection of the supply facilities, the electricity supply enterprise shall notify the major users 24 hours before; and(3) When there is a need to interrupt or restrict the electricity supply due to the breakdown of the generating or supply

  (3) When there is a need to interrupt or restrict the electricity supply due to the breakdown of the generating or supply system, the electricity supply enterprise shall interrupt or restrict the supply according to the electricity restriction order which has been determined beforehand. After the reason causing the interruption or restriction of electricity supply has been removed, the electricity supply enterprise shall resume the supply as quick as possible.

  Chapter V Utilization of Electricity

  Article 29 The administrative departments of electric power of people's governments at county level and above shall make proper planning for the utilization of electricity in accordance with the state's industrial policies and on the principles of overall arrangement, guaranteed supply to major users and supply on the basis of competitive selection.

  Electricity supply enterprises and users shall work out plans for economizing electricity, spread and employ new technology, materials, techniques and equipment which can be used for electricity economization and reduce the electricity consumption.

  Electricity supply enterprises and users shall employ advanced technology and scientific management measures to ensure the safe supply and utilization of electricity, avoid accidents and maintain public security.

  Article 30 Users may not commit the following acts that threaten the safety of electricity supply and utilization and disturb the normal order of electricity supply and utilization:

  (1) change the category of electricity utilization without authorization;

  (2) without authorization, use electricity beyond the capacity as agreed upon in the contract;

  (3) without authorization, use electricity beyond the quota allotted by plan;

  (4) without authorization, use the electric equipment the use of which has been suspended with certain formalities with the electricity supply enterprise, or use the electric equipment which has been sealed up by the electricity supply enterprise;

  (5) without authorization, remove, change or operate the electricity metering apparatus, load control facilities or supply facilities of the electricity supply enterprise or the user's electricity receipt equipment which shall be managed by the electricity supply enterprise as agreed; and

  (6) without the permit of the electricity supply enterprise, take in or give out electric source or hook up its self-supply electric source with the network.

  Article 31 It shall be forbidden to steal electricity. The following acts shall be deemed as stealing electricity:

  (1) without authorization, connect wires with and use electricity from the supply facilities of the electricity supply enterprise;

  (2) use electricity by evading the electricity metering apparatus of the electricity supply enterprise;

  (3) use electricity by forging or opening seals on the electricity metering apparatus put by the metro logical inspection authorities or its authorized organization;

  (4) intentionally damage the electricity metering apparatus of the electricity supply enterprise;

  (5) intentionally cause the inaccuracy of the electricity metering apparatus of the electricity supply enterprise or make the apparatus lose efficiency; and

  (6) steal electricity by other means.

  Chapter VI Electricity Supply and Demand Contracts

  Article 32 The electricity supply enterprise and the user shall, before the supply of electricity, sign an electricity supply and demand contract according to the user's demand and the supply ability of the electricity supply enterprise.

  Article 33 An electricity supply and demand contract shall contain the following items:

  (1) the form, quality and time of electricity supply;

  (2) the capacity, location and nature of the utilization of electricity;

  (3) the electricity metering and calculation form, the electricity price and the form of settlement of electricity fees;

  (4) the responsibility for maintaining the electricity supply and utilization facilities;

  (5) the period of validity of the contract;

  (6) liabilities for breach of contract; and

  (7) other items the two parties consider necessary to contain.

  Article 34 The electricity supply enterprise shall, in accordance with the quantity, quality, time and form of the electricity supply as agreed upon in the contract, make rational management and a safe supply of electricity.

  The user shall use electricity in accordance with the quantity and conditions as agreed upon in the contract and pay electricity fee and other fees stipulated by the state.

  Article 35 The modification and rescission of an electricity supply and demand contract shall be handled in accordance with the provisions of relevant laws, administrative regulations and these Regulations.

  Chapter VII Supervision and Administration

  Article 36 Administrative departments of electric power shall strengthen the supervision and administration of electricity supply and utilization. Supervisors and inspectors of electricity supply and utilization must meet relevant requirements and, when performing their duties, shall produce relevant certificate.

  The concrete measures for supervision, inspection and administration of electricity supply and utilization shall be separately formulated by the administrative department of electric power of the State Council.

  Article 37 Before going on duty, electricians who are to conduct operations on users' electricity receipt and transmission facilities must pass the examination by the administrative department of electric power and obtain an Electrician's License for Operation on Networks issued by the administrative department of electric power.

  Before applying for a business license to the administrative department for industry and commerce, units who wish to engage in the installation, maintenance and test of electricity supply and receipt facilities must pass the examination by the administrative department of electric power and obtain a Permit for Engaging in Installation (Maintenance) of Electric Facilities from the administrative department of electric power.

  Chapter XII Legal Responsibility

  Article 38 Anyone who, in violation of the provisions of these Regulations, commits any of the following acts shall be ordered to make correction by the administrative department of electric power with its illegal income, if any, confiscated and a fine not more than five times the illegal income may be imposed concurrently:

  (1) engage in electricity supply without obtaining, in accordance with regulations, the Permit for Electricity Supply;

  (2) supply electricity into a supply area or beyond its own supply area without authorization; or

  (3) re-supply electricity to others without authorization.

  Article 39 If a user, in violation of the provisions of Article 27 of these Regulations, fail to pay electricity fee within the time limit, the electricity supply enterprise may charge, in addition to the electricity fee, a penalty for breach of contract equivalent to 0.1%-0.3% of the total electricity fee payable for each day overdue. The exact ratio shall be stipulated by both parties to the electricity supply and demand in the contract. If the electricity fee is more than 30 days overdue and it remains unpaid after pressed, the electricity supply enterprise may cease to supply electricity according to the procedures stipulated by the state.

  Article 40 If anyone illegally use electricity in violation of the provisions of Article 30 of these Regulations, the electricity enterprise may, according to the violation facts and the consequences, demand the electricity fee and, pursuant to relevant regulations of the administrative department of electric power of the State Council, charge extra electricity fees and other fees stipulated by the state. When the circumstances are serious, the electricity supply enterprise may cease to supply electricity according to the procedures stipulated by the state.

  Article 41 Anyone who steal electricity in violation of the provisions of Article 31 of these Regulations shall be ordered to cease the illegal act by the administrative department of electric power with the electricity fee demanded and a fine not more than five times the electricity fee payable imposed. If a crime is constituted, the criminal responsibility shall be investigated according to law.

  Article 42 The electricity supply enterprise or user which breaches the electricity supply and demand contract and causes a loss to the other party shall be liable for it according to law.

  Article 43 The electricity supply enterprise shall be liable, according to law, for the loss or damage caused to a user or a third party by electric power operation faults.

  A user or a third party shall be liable, according to law, for the loss or damage caused by its fault to the electricity supply enterprise or other users.

  Article 44 If a staff member or worker of the electricity supply enterprise violates rules and regulations and thus causes a electricity supply accident, or abuses his or her power or uses his or her power for personal gains, a disciplinary sanction shall be given or, if a crime is constituted, the criminal responsibility shall be investigated.

  Chapter IX Supplementary Provisions

  Article 45 These Regulations shall enter into force on September 1, 1996.

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