Regulations of Shanghai Municipality on Power Supply
Regulations of Shanghai Municipality on Power Supply
(Adopted at the 26th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on December 30, 2015; amended in accordance with the Decision on Amending Some Local Regulations of This Municipality made at the 4th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on May 24, 2018)
Chapter I General Provision
Article 1
With a view to strengthening the power supply and utilization management, supplying and utilizing power in a safe, economical and rational way, and protecting the legitimate rights and interests of the power suppliers and users, these Regulations are formulated to in accordance with the laws and administrative regulations including the Electricity Law of the People’s Republic of China, the Regulations on Power Supply and Utilization, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the power supply and utilization, and the related protection and management activities in the administrative areas of this Municipality.
Article 3
The municipal and district people’s governments shall strengthen the leadership of the power supply and utilization, and establish and improve a coordination mechanism for power supply and utilization.
The municipal economy and informatization department is the competent department for electric power operation in this Municipality, and shall be responsible for monitoring and coordinating the daily power operation of this Municipality, and supervise the safe operation of power supply and utilization jointly with the relevant departments.
The municipal development & reform department shall be responsible for organizing and preparing the power grid construction planning of the Municipality, promote in a coordinative way the Municipality’s power grid and power market construction, make an overall balance of power grid construction funds, and do a good job in the supervision and management over electricity prices.
The departments of land and planning, housing and urban-rural development, industry and commerce, environmental protection, quality and technical supervision, public security, transportation, water affairs, and greening shall, in accordance with their own respective functions and duties, do well in the relevant work of power supply and utilization.
The local offices dispatched by the State power regulatory agencies shall, in accordance with the relevant provisions of the State, be responsible for the relevant work on power supervision and control.
Article 4
Power supply enterprises shall, in accordance with laws and regulations and the stipulation agreed upon in the contracts of power supply and utilization, make safe power supply, accept social supervision, and assume the basic responsibilities for ensuring the power utilization of citizens, agriculture, major public utilities and public-welfare services and other basic responsibilities.
Power users shall use electricity in a safe and orderly way in accordance with the laws, regulations and the stipulation agreed upon in the contracts of power supply and utilization, and shall not harm the legitimate rights and interests of others and the public interests of the society.
Article 5
The principle of being safe and reliable, efficient and orderly, protecting the people’s livelihood, saving energy and reducing emission and providing convenient service, shall be followed in power supply and utilization so as to promote economic restructuring and industrial transformation and upgrading, and to serve the economic and social development of this Municipality.
Article 6
Technological innovation shall be encouraged and supported in the field of power supply and utilization, smart power grids shall be developed, new technology, new materials and new devices shall be deployed, and the use of power-saving technology and energy saving products shall be encouraged to promote the development of mode transformation and energy structure optimization of the electric industry and to improve the modernization of power grid development and the utilization of electric energy conservation.
Chapter II Power Supply
Article 7
Power supply enterprises shall establish office open systems at their business location, make publicity the handling procedure of power utilization, handling time limits, service norms as well as charging items, standards and basis, and make known to the public the telephone numbers for service as well as the complaint telephone numbers of the relevant administrative departments.
Power supply enterprises shall provide 24-hour repair service and complaint-handling service every day, shall simplify business-handling formalities, set up charging channels in a rational way, launch the publicity of utilizing power in a safe way and provide convenience to power users.
Article 8
Power supply enterprises and power users shall, in accordance with the provisions of laws and rules and regulations, sign power supply and utilization contracts and determine the rights and obligations of the parties.
Power supply enterprises that sign standard form contracts for power supply and utilization with residential users shall not violate the mandatory provisions of laws, rules and regulations. In formulating the standard terms, the municipal competent department for electric power operation shall organize hearings for the views of the public, social organizations, and interested parties. Power supply enterprises shall submit the standard form contracts to municipal department for industrial and commercial administration and the municipal competent department for electric power operation for the record.
Before the implementation of these Regulations, power supply enterprises that have not yet signed the power supply and utilization contracts with the non-residential power users shall, within six months from the date of implementation of these Regulations, negotiate and sign power supply contracts. If one party fails to sign the contract within the time limit, the other party shall make a written reminder. If one party refuses to negotiate and sign the contract without justifiable reasons, both parties need not fulfill the obligations of the power supply and utilization contract.
Article 9
Power supply enterprises shall, in accordance with the provisions of laws, rules and regulations as well as the quantity, quality, time and power supply modes agreed upon in the power supply and utilization contracts, provide universal power services, guarantee basic power supply and provide equipment installing, metering, meter reading, maintenance and other kinds of power supply services without discrimination.
Under the normal circumstances of power generation and supply systems, the power supply enterprises shall continuously and stably supply power to power users. Except as otherwise provided by law, rules and regulations and agreed upon in the power supply and utilization contracts, the power supply enterprises shall not be allowed to take power brownouts and blackouts measures.
Article 10
As for the electric power and quantity of electricity consumed by power users the records of the electric metering devices checked and verified by the metrology institutions shall be taken as standards according to law.
The electricity metering devices shall be installed at the boundary of property rights between the power supply facilities and the power receiving facilities. Electricity meters and power supply facilities shall be maintained by power supply enterprises, and the power receiving facilities shall be maintained by power users. Where the parties have agreements otherwise, such agreements shall prevail.
After the electricity metering devices are put into use, the power users shall not place in front of the devices that would affect meter reading or meter accuracy and endanger the safety of the devices. In case power users find the electricity metering devices are lost, damaged or faulty, power supply enterprises shall be informed in a timely manner. Power supply enterprises shall repair or replace them free of charge, except for those caused by the owners.
When the power supply enterprises are maintaining the electricity metering devices, the power users shall give necessary cooperation.
Article 11
Power supply enterprises and users shall, according to the ownership of property rights of the power supply facilities and the power receiving facilities, install safety devices respectively.
Relevant technical standards shall be met for the installation of safety protection devices. Power supply enterprises and users shall maintain the safety protection devices regularly to ensure their proper operation.
Article 12
The municipal competent administrative department for electric power operation shall formulate the emergency plans for power supply accidents in this Municipality, and conduct regularly emergency drills of power supply accidents, and participate in the investigation and evaluation of power supply accidents.
Power supply enterprises shall, in accordance with the emergency plans for power supply accidents in this Municipality, formulate specific implementation plans, and organize emergency drills at least once a year.
In case power failures occur due to severe natural disasters or major accidents, power supply enterprises shall repair as soon as possible, giving priority to restoring power for key areas and major power users.
Article 13
Power supply enterprises shall rationally arrange the manpower for emergency repair citywide, and conduct emergency repair for power failures in a timely manner. The time limits for on-site repair within the Outer Ring Road shall not be more than 60 minutes from the time of receiving the repair reports, the time limits for on-site repair outside the Outer Ring Road shall not exceed 90 minutes. Explanations shall be made to the persons reporting for repair in case of failing to reach the spots within the prescribed time limits due to such specific causes as weather and traffic.
Article 14
The municipal competent department for electric power operation shall formulate this Municipality’s annual overall plans for orderly power utilization with power shortage or overload operation annually, and shall guide and coordinate in the work of orderly power supply jointly with relevant departments.
In case brownouts and blackouts shall be implemented due to power shortage or overload operation, power supply enterprises shall do so according to the implementation priority and measures set in the orderly power utilization plans, and inform the power users. In the case that causes for brownouts and blackouts are removed and the safety requirements of power supply are met, the power supply enterprises shall restore power supply and give power users compensation 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 the power supply enterprises to install power load management systems.
Article 15
Power supply enterprises that notify power blackouts by public announcement due to scheduled repair shall make public announcement about blackout areas, lines and time in relevant communities, power supply enterprises’ websites and service applications at least seven days in advance, or make public announcement via the media of this Municipality.
Article 16
In the case of any one of the following circumstances occurring to the power users, the power supply enterprise may suspend power supply:
1. The electrical equipment affects and impedes the power supply quality of the power grids, with the results that the supply quality fails to meet the relevant technical standards or the power supply safety is endangered, and the said equipment is not rectified within the prescribed time period;
2. Stealing electricity;
3. The electrical equipment has potential hazards that pose serious threats to personal safety or to major property safety and it is not corrected;
4. Refusing to implement a plan for orderly power utilization, and disturbing the order of power supply;
5. Refusing to dismantle or failing to dismantle the illegal construction used for production and operation within the prescribed time limits, while the executive department of dismantling illegal construction having already made the decision to tear it down forcibly and required to stop providing the power for production and operation;
6. Being ordered to suspend operation or shutdown by the municipal, or district people’s government according to law, and being ordered to suspend production for rectification by the municipal or district environmental protection departments according to law because of illegal discharge of pollutants, and requests being made by them to stop providing electricity for production and operation;
7. Refusing to implement the decisions of housing and land expropriation, and compulsory enforcement being granted by the people’s courts and requests being made to stop providing electricity for production and operation by the housing and urban-rural development department or land and planning department according to law;
8. There existing major fire hazards affecting public safety, decisions of rectifications being made by the fire department of the public security organ and requests being made to stop providing electricity for production and operation; or
9. Other circumstances under which power supply suspension may be permitted by laws, rules and regulations.
Power supply enterprises shall notify power users at least 24 hours in advance if power supply is to be suspended owing to the circumstances provided in Item 1 of Clause 1 of this Article; power supply enterprises shall notify power users of the reasons for suspending power supply simultaneously when power supply is ceased if power supply is suspended owing to the circumstances provided in Item 2, 3 or 4 hereof. The power supply enterprises shall not subject to the restrictions of this Article if power supply is suspended because of an emergency or force majeure.
Where the circumstances of Item 5, 6, or 7 of Clause 1 of this Article occur, the relevant administrative organs shall notify the power supply enterprises in writing, together with the effective legal documents such as administrative penalties and enforcement. The power supply enterprises shall inform the power users at least 24 hours in advance.
In suspending power supply, power supply enterprises shall ensure safety in operation, shall not affect the normal power utilization of other power users, and shall not affect the public interests or endanger public safety. After removal of the cause of power supply suspension, the power supply enterprises shall restore power supply as quickly as possible.
Article 17
Power supply enterprises shall not conduct any of the following acts to harm the interests of power users:
1. refusing to supply electricity to power users without legal basis;
2. specifying power design and construction units as well as equipment and materials suppliers for power users;
3. failing to supply power in accordance with national electricity quality standards;
4. failing to charge power rates in accordance with the power price standards set by the State and this Municipality; or
5. other acts impairing the rights and interests of power users.
Chapter III Power Utilization
Article 18
Power users’ electrical equipment connected with the power grids shall be in conformity with the relevant technical standards, and shall not do harm to the power supply quality or power supply safety of the power grids. Power users shall make rectifications on those equipment that probably cause damage. In the case that these equipment still do not conform to the relevant technical standards after renovation, power supply enterprises shall not allow them to be connected with the power grids.
Power users shall be encouraged to use energy-saving electrical equipment, and use power rationally and economically.
Article 19
Major power users shall equip themselves with multiple-channel power supply and self-provided emergency supply in accordance with relevant technique criteria, or adopt other emergency security measures. Power supply enterprises shall establish major power user profile database, and do well in the guidance and inspection over power utilization. The power supply and utilization safety management measures for major power users shall be separately formulated by the municipal competent departments for electric power operation.
Other power users that require higher power quality and continuity of power supply than the national quality standards shall add an agreement in the contracts of power supply and utilization. In case power supply enterprises cannot meet their special requirements, power users shall be equipped with their own generating equipment or uninterruptible power supply.
Where temporary special power supply guarantee is required due to major celebrations and other special events, power supply enterprises shall, referring to the relevant standards of major power users, in light of the actual situation, do well in the guarantee work of power utilization jointly with the power users.
The major power users mentioned in these Regulations refer to those power users in the supply range of power grids of this Municipality that hold significant positions in the State’s or the Municipality’s social, political and economic sectors, and the interruption of power supply may cause personal injury, large environmental pollution, great political influences, major economic loss, and serious disruption of social public order.
Article 20
Power supply enterprises and major power users shall regularly carry out potential safety hazard investigation for all of their respective power supply facilities and power receiving facilities.
Power supply enterprises shall develop service systems of safe power utilization for major users, provide classified service and guidance in accordance with the classification level and industrial characteristics of major power users, and regularly conduct safety inspection over the power receiving facilities of major power users. Power users shall cooperate with them. When power supply enterprises conduct inspection, the staff members shall present their valid certificates. When safety inspection involves major power users’ business secrets, the power supply enterprises and their staff members shall keep the secret.
When finding out potential safety hazards of power utilization of major power users, power supply enterprises shall promptly inform, guide them, supervise their rectification, and as required report to the municipal competent department for electric power operation and the municipal production safety supervision department for the record.
Major power users shall work out emergency schemes for handling power blackouts, make clear the functions and responsibilities of staff members and handling procedures, and organize at least one emergency drill every year.
The municipal competent department for electric power operation shall organize and launch the routine supervision, publicity and education for the supply and utilization safety of major power users.
Article 21
Power supply enterprises shall strengthen the guidance for the safe utilization of power users. The municipal competent department for electric power operation shall strengthen the publicity of the knowledge of safe utilization of power users via the news media.
Power users shall utilize power in a safe manner according to law, and strengthen maintenance on their power receiving facilities.
Article 22
The tiered electricity pricing shall be adopted for the residents’ consumption of electricity in accordance with the relevant provisions of the State and this Municipality. Power users shall, in accordance with laws, rules, regulations, and the contracts, pay the electricity bills in a timely manner by way of meter reading and payment, purchasing electricity in advance, pre-storing electricity fees and settlement in installment.
Article 23
Higher electricity fees than the ordinary prices shall be collected from the following non-resident power users in this Municipality according to laws, rules and regulations as well as the relevant provisions of the State:
1. using restricted or obsolete devices;
2. using the devices that exceed the quotas for energy consumption per unit product; and
3. failing to make verification after receiving administrative penalties for serious illegal discharge of pollutants.
Power supply enterprises shall collect the electricity fees in full in accordance with the notice of the municipal competent department for electric power operation. The differential parts of the electricity fees shall be entered in separate accounts, and shall be turned over to the municipal finance.
Where non-resident power users raise objections to the imposition of differential power rates, the municipal competent department for electric power operation shall coordinate and handle the matter in accordance with this Municipality’s relevant provisions.
Article 24
Where power users have objections to the accuracy of power utilization metering devices, metering verification institutions may be entrusted to make verification, and the power supply enterprises shall cooperate.
Upon verification, if the objections are justified, the verification cost shall be borne by the power supply enterprises; if the objections are not justified, the verification costs shall be borne by the power users.
When a metering device has metering errors, the calculation of the quantity of electricity to be cut or added and the electricity fees to be refunded or added for supplemental payment shall be carried out in accordance with the relevant technical criteria.
Article 25
Where power users have objections to the suspension of power supply by the power supply enterprises may enquire of the power supply enterprises or make complaints to the municipal administrative department for electric power operation.
Upon the receipt of the objections, power supply enterprises shall conduct verification as soon as possible, and shall reply to the power users within three working days. Power supply shall be restored immediately if the objections are justified. Where the reply is not given within the prescribed time limits or the power users disagree with the reply, the power users may make complaints to the municipal competent department for electric power operation.
The municipal competent department for electric power operation shall deal with the complaints in accordance with its function and responsibility according to law.
Article 26
Power users have the right to know the power utilization information of their electricity consumption, electric expenses, power rates and the records of electric energy metering devices, as well as the right to enquire of the power supply enterprises. Except as otherwise provided for by laws, rules and regulations, power supply enterprises have the rights to refuse any unit and individual to enquire of the information of other power users.
Article 27
Where power users have objections to the electric expenses charged may enquire of the power supply enterprises.
Upon the receipt of the objections, the power supply enterprises shall make verification as soon as possible, and reply to the power users within five working days. The power supply enterprises shall in a timely manner refund the electric expenses overcharged if the objections are justified. Where the reply is not given within the prescribed time limits or the power users have objections to the reply, the power users may make complaints to the price administrative department.
The price administrative department shall deal with the complaints in accordance with its function and responsibility according to law.
Article 28
No unit or individual may be allowed to manufacture or sell electricity-stealing equipment.
Article 29
Any unit and individual, upon finding any act in violation of the provisions of these Regulations, have the rights to submit the complaining reports to the municipal competent department for electric power operation.
The municipal competent department for electric power operation shall set up special hotlines and places for accepting and hearing the case.
Chapter IV Guarantee for Power Supply and Utilization
Article 30
The municipal development & reform department shall, jointly with the municipal land and planning department, organize and formulate this Municipality’s power grid construction programs, and incorporate them into the corresponding urban and rural planning. This Municipality's power grid construction programs shall conform to the economic and social development planning of this Municipality, and shall connect up properly with the power grid planning of the State.
This land and planning department shall define the planning control boundaries for the planning control substation (station) and channels for electric transmission lines, and shall make clear the relevant control quotas and requirements.
The approved power grid construction programs shall be strictly implemented, and no unit or individual may illegally occupy the land for power supply facilities and the channels for electric transmission lines.
Article 31
The examination and approval of new power grid projects shall be handled in accordance with the relevant provisions of the State and this Municipality.
For the capacity increase or renovation and expansion of the existing channels for transmission lines and stations, the departments of development & reform, land and planning, housing and urban-rural development, environmental protection, transport, water affairs, and greening shall simplify the examination and approval procedures in accordance with their own respective functions and responsibilities and actual circumstances.
Article 32
In the case that the land of others has to be used for the construction of overhead power lines (including the poles, and tower bases), the right holders of the land shall provide necessary convenience. Power supply enterprises shall, in accordance with the relevant provisions, give a one-time economic compensation to the holders of the relevant collective land ownership, the land contractors, or the persons who have the rights of using the construction land
The land and planning department shall issue the permits of construction project planning in accordance with the project approval documents, the approved planning conditions documents and the agreements for entrusting district or town/township people’s governments to carry out economic compensation.
Article 33
Where power supply enterprises need temporarily to use the adjacent real estate when maintaining or conducting emergency repair for power supply and utilization facilities, the owners of the real estate shall provide necessary convenience. Compensations shall be given according to law in case the power supply enterprises cause property loss to the owners of the real estate.
Article 34
Power supply enterprises shall be responsible for the accessory grid-connecting construction for the electric vehicles’ charging facilities to be connected with the public power grids at the property right demarcation points of the power supply facilities and the power receiving facilities, and provide quality and convenient supporting services for the construction of electric vehicles’ charging facilities.
Article 35
Power supply facilities are public infrastructure of the whole society. No unit or individual may conduct the following acts endangering the construction of power supply facilities:
1. illegally occupying the construction or planning land for power supply facilities;
2. altering, removing, dismantling or damaging the construction survey stakes of power supply facilities or other identifiers;
3. destroying or blocking the construction roads, cutting off the water supply or power supply of construction; and
4. other acts obstructing or destroying the construction of power supply facilities.
Chapter V Legal Liabilities
Article 36
Where there are punishment provisions of laws and regulations for violation of the provisions of these Regulations, such provisions shall prevail.
Article 37
Any power supply enterprise, in violation of the provision of Article 13 of these Regulations, failing to reach the spot to conduct emergency repair within the prescribed time limit without justifiable reasons, or in violation of the provision of Article 15 of these Regulations, failing to make known to the public the power blackout as required, shall be ordered to make corrections by the municipal competent department for electric power operation, and a penalty of not less than 10,000 yuan but not more than 100,000 shall be imposed thereon.
Any power supply enterprise, in violation of the provision of Article 14 of these Regulations, failing to brownout or blackout electricity supply according to priority, shall be ordered to make corrections by the municipal competent department for electric power operation, and a penalty of not less than 100,000 yuan but not more than 1,000,000 yuan shall be imposed; the supply enterprise shall bear the liability of compensation according to law in case any loss is caused to the power users.
Any power supply enterprise that conducts the acts of damaging the rights and interests of power users, in violation of the provision of Item 1, 2 or 3 of Article 17 of these Regulations, shall be dealt with by the relevant organs of the State according to law, and shall assume their liabilities in accordance with the law.
Any power supply enterprise, in violation of Item 4 of Article 17 of these Regulations, failing to charge electric expenses in accordance with the power rate standards set by the State and this Municipality shall be dealt with by the price administrative department according to law.
Article 38
Major power users that shall equip themselves with the multi channel power supply and self-provided emergency supply or shall adopt other emergency security measures, yet in violation of the provision of Item 1 of Article 19 of these Regulations, fail to do so, and may cause the confusion of public order or other personal injuries shall be ordered by the municipal competent department for electric power operation to make corrections; those who fail to make corrections shall be imposed on a penalty of not less 50,000 yuan but not more than 300,000 yuan.
Article 39
Any party that manufactures or sells electricity-stealing equipment in violation of the provision of Article 28 shall be ordered by the municipal competent department for electric power operation to make corrections, the illegal gains and electricity-stealing equipment as well as the special production tools shall be confiscated, and a penalty of not less than 10,000 yuan but not more than 100,000 shall be imposed on them; if a crime is constituted, they shall be investigated for their criminal liabilities according to law.
Article 40
Any party that conducts the acts endangering the construction of power supply facilities, in violation of the provision of Article 35 of these Regulations, shall be ordered to make corrections by the municipal competent department for electric power operation, and a penalty of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on them; in serious cases, a penalty of not less than 50,000 yuan but not more than 300,000 yuan shall be imposed on them.
Article 41
Any staff member of the municipal administrative department for electric power operation and other such administrative departments in violation of the provision of these Regulations having one of the following acts, shall be given punishment by the higher level authorities or the supervisory organs in accordance with relevant laws, rules and regulations of the Supervision Law of the People's Republic of China, the Public Servant Law of the People’s Republic of China and the Punishment Regulations of Public Servants in Administrative Organs:
1. failing to conduct supervisory administration as required;
2. illegally conducting administrative penalties;
3. failing to perform duties according to law and resulting in avoidable power failures; and
4. other acts of derelict of duties and disruption of work.
Article 42
The relevant administrative departments shall bring the administrative penalty information of the power supply enterprises and power users for violating the provision of these Regulations into the municipal public credit information service platform, and give publicity to the society the administrative penalty information of the enterprises via the enterprise credit information publicity systems.
Power supply enterprises shall bring the information about power users’ default of payment of electric expenses into the municipal public credit information service platform.
Chapter VI Supplementary Provisions
Article 43
These Regulations shall be effective as of June 1, 2016.