The State Electricity Regulatory Commission issued Order No. 7 - Interim Measures for the Conciliation of Power Disputes
On March 28, Chai Songyue, Chairman of the State Electricity Regulatory Commission, issued the No. 7 Order, “Interim Measures for the Conciliation of Power Disputes,†which was implemented from July 1st. The full text is as follows:
Interim Measures for Power Dispute Mediation
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and administrative regulations in order to mediate power disputes in a legal, fair and timely manner, safeguard the legitimate rights and interests of the main body of the electricity market, and maintain order in the power market.
Article 2 The term "power disputes" as used in these Measures refers to disputes arising from the performance of contracts between power business operators, power dispatching trading institutions and power users in the power market activities.
Article 3 The principle of voluntary power disputes is implemented.
Article 4 The State Council's power regulatory agencies and their dispatched agencies (hereinafter referred to as power regulatory agencies) are responsible for the mediation of power disputes.
Article 5 The power regulatory agency shall mediate power disputes in accordance with the provisions of laws and administrative regulations, based on facts, and follow the principles of fairness, justice and reasonableness.
Chapter II Mediation and Mediator
Article 6 The State Council's power regulatory agency is responsible for mediating the following power disputes:
(1) involving two or more regional power markets;
(2) having significant influence throughout the country;
(3) Involving the national power dispatching agency.
Article 7 The dispatched institution established by the State Council's power regulatory agency (hereinafter referred to as the dispatched agency) is responsible for mediating power disputes within its jurisdiction.
The power disputes stipulated in the preceding paragraph shall be borne by the dispatching agency. The power regulatory agency under the State Council shall be responsible for mediation before the establishment of the dispatched institution or before the normal operation.
Article 8 The power regulatory agency shall mediate the power dispute and shall be composed of three mediators. A simple power dispute with a small target, a clear fact, and a small impact can be mediated by a mediator.
Article 9 A power regulatory agency shall select a mediator from among those who are familiar with the business knowledge of power and law.
The specific measures for mediator management shall be separately stipulated.
Article 10 The mediator must be devoted to his duties, act in accordance with the law, be fair and honest, and must not use the convenience of mediation to obtain illegitimate interests.
Chapter III Application and Acceptance
Article 11 The application for mediation of power disputes shall meet the following conditions:
(1) There is an agreement between the parties to apply for mediation of power disputes or one of the parties applies for mediation of power disputes, and the other parties express their consent;
(2) The applicant has a direct interest in the power dispute;
(3) having a clear respondent;
(4) having specific mediation requirements and facts and reasons;
(5) Belonging to the jurisdiction of the applied power regulatory agency;
(6) The power disputes stipulated in Article 2 of these Measures.
Article 12 In any of the following circumstances, the power regulatory agency shall not accept:
(1) having applied to the arbitration institution for arbitration;
(2) having filed a lawsuit in a people's court;
(3) Those who are not in the power disputes stipulated in Article 2 of these Measures.
Article 13: To apply for mediation of power disputes, a written application and relevant evidentiary materials shall be submitted to the power regulatory agency, and a copy shall be submitted in accordance with the number of respondents.
The application should state the following:
(1) the name, gender, age, occupation, work unit, domicile of the party; the name, residence and legal representative name and position of the legal person or other organization;
(2) Matters of dispute;
(3) specific mediation requests, facts and reasons;
(4) Relevant evidence.
Article 14 After receiving the application for mediation, the power regulatory agency shall, after examination and consider that it meets the conditions stipulated in Article 11 of these Measures, accept and notify the parties within 7 days; if the decision is not accepted, it shall notify the parties in writing, and Explain the reason.
Article 15 The parties may entrust an agent to participate in mediation. If the agent is acting as an agent, the trustee shall submit a power of attorney. The power of attorney shall be signed or sealed by the principal, stating the name, gender, age, identity certificate, contact information, commission period and agency authority of the agent.
Chapter IV Mediation
Article 16 Where a power regulatory agency mediates power disputes, it shall notify the parties at the place and time of mediation in writing 5 days in advance.
Article 17: If the party believes that the mediator has a stake in the power dispute or other relationship may affect the fair mediation, he or she has the right to apply for withdrawal from the oral or written form; the mediator believes that he or she has a stake in the power dispute or other relationship may affect justice. If mediation is made, it shall apply for withdrawal on its own.
Whether the mediator evades or not is determined by the person in charge of the power regulatory agency that accepts the mediation.
After the mediator evades, he will be elected as a mediator.
Article 18 The parties shall provide evidence of their own claims.
The evidence shall be presented and cross-examined, and evidence materials without cross-examination shall not be used as a basis for the determination of facts.
Article 19 When the power regulatory agency considers it necessary, it may investigate and collect evidence from relevant units or individuals. The unit or individual being investigated shall provide assistance and truthfully provide relevant supporting materials.
When the facts of the power dispute are difficult to identify, the power regulatory agency may employ experts or organizations that have no interest in the parties to the power dispute to demonstrate the power dispute, or hire an appraisal agency for identification.
Article 20 In the process of mediation, if one party is absent without proper reasons or otherwise indicates that the mediation has been withdrawn, it shall be deemed as refusal of mediation, and the power regulatory agency shall terminate the mediation.
Article 21 Where a power dispute involves a third party, a third party shall be notified to participate.
Article 22 No party shall disclose information that it has learned during the mediation process that may harm the interests of others.
The electricity regulatory agency shall not disclose to anyone the information that is known during the mediation process that may harm the interests of others.
Article 23 The power regulatory agency shall terminate the mediation within 45 days from the date of acceptance. If the situation is complicated and cannot be terminated within the stipulated time, the approval of the person in charge of the power regulatory agency that accepts the mediation may be extended appropriately, but the maximum may not exceed 60 days.
Chapter V End of Mediation
Article 24 Where an agreement is reached through mediation, the power regulatory agency shall produce a mediation book, which shall include the following contents:
(1) the name, gender, age, occupation, work unit, domicile of the party; the name, residence and legal representative's name and position of the legal person or other organization; the name, gender, age, occupation, and work unit of the agent;
(2) Request for mediation;
(3) the facts of the dispute;
(4) the result of the mediation;
(5) Other related matters.
Article 25 The mediation statement shall be signed or sealed by the mediator and the parties, and shall be stamped with the seal of the power regulatory agency. The power regulatory agency shall deliver the mediation book to the parties in a timely manner.
The mediation agreement reached under the auspices of the power regulatory agency shall be performed by the parties.
Article 26 If the mediation fails to reach an agreement, the mediation shall be terminated.
If the power plant and the power grid are connected to the grid, the power grid and the power grid are interconnected, and if the two parties or the interconnection parties cannot reach an agreement through mediation, the power regulatory agency shall coordinate or decide according to law.
Chapter VI Supplementary Provisions
Article 27 The term "electricity business operators" as used in these Measures refers to power generation enterprises, transmission enterprises, power supply enterprises and other enterprises engaged in electric power business.
Article 28 The power regulatory agency shall not charge any fees for mediation of power disputes.
Article 29 These Measures shall come into force on July 1, 2005.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: Power News
Interim Measures for Power Dispute Mediation
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and administrative regulations in order to mediate power disputes in a legal, fair and timely manner, safeguard the legitimate rights and interests of the main body of the electricity market, and maintain order in the power market.
Article 2 The term "power disputes" as used in these Measures refers to disputes arising from the performance of contracts between power business operators, power dispatching trading institutions and power users in the power market activities.
Article 3 The principle of voluntary power disputes is implemented.
Article 4 The State Council's power regulatory agencies and their dispatched agencies (hereinafter referred to as power regulatory agencies) are responsible for the mediation of power disputes.
Article 5 The power regulatory agency shall mediate power disputes in accordance with the provisions of laws and administrative regulations, based on facts, and follow the principles of fairness, justice and reasonableness.
Chapter II Mediation and Mediator
Article 6 The State Council's power regulatory agency is responsible for mediating the following power disputes:
(1) involving two or more regional power markets;
(2) having significant influence throughout the country;
(3) Involving the national power dispatching agency.
Article 7 The dispatched institution established by the State Council's power regulatory agency (hereinafter referred to as the dispatched agency) is responsible for mediating power disputes within its jurisdiction.
The power disputes stipulated in the preceding paragraph shall be borne by the dispatching agency. The power regulatory agency under the State Council shall be responsible for mediation before the establishment of the dispatched institution or before the normal operation.
Article 8 The power regulatory agency shall mediate the power dispute and shall be composed of three mediators. A simple power dispute with a small target, a clear fact, and a small impact can be mediated by a mediator.
Article 9 A power regulatory agency shall select a mediator from among those who are familiar with the business knowledge of power and law.
The specific measures for mediator management shall be separately stipulated.
Article 10 The mediator must be devoted to his duties, act in accordance with the law, be fair and honest, and must not use the convenience of mediation to obtain illegitimate interests.
Chapter III Application and Acceptance
Article 11 The application for mediation of power disputes shall meet the following conditions:
(1) There is an agreement between the parties to apply for mediation of power disputes or one of the parties applies for mediation of power disputes, and the other parties express their consent;
(2) The applicant has a direct interest in the power dispute;
(3) having a clear respondent;
(4) having specific mediation requirements and facts and reasons;
(5) Belonging to the jurisdiction of the applied power regulatory agency;
(6) The power disputes stipulated in Article 2 of these Measures.
Article 12 In any of the following circumstances, the power regulatory agency shall not accept:
(1) having applied to the arbitration institution for arbitration;
(2) having filed a lawsuit in a people's court;
(3) Those who are not in the power disputes stipulated in Article 2 of these Measures.
Article 13: To apply for mediation of power disputes, a written application and relevant evidentiary materials shall be submitted to the power regulatory agency, and a copy shall be submitted in accordance with the number of respondents.
The application should state the following:
(1) the name, gender, age, occupation, work unit, domicile of the party; the name, residence and legal representative name and position of the legal person or other organization;
(2) Matters of dispute;
(3) specific mediation requests, facts and reasons;
(4) Relevant evidence.
Article 14 After receiving the application for mediation, the power regulatory agency shall, after examination and consider that it meets the conditions stipulated in Article 11 of these Measures, accept and notify the parties within 7 days; if the decision is not accepted, it shall notify the parties in writing, and Explain the reason.
Article 15 The parties may entrust an agent to participate in mediation. If the agent is acting as an agent, the trustee shall submit a power of attorney. The power of attorney shall be signed or sealed by the principal, stating the name, gender, age, identity certificate, contact information, commission period and agency authority of the agent.
Chapter IV Mediation
Article 16 Where a power regulatory agency mediates power disputes, it shall notify the parties at the place and time of mediation in writing 5 days in advance.
Article 17: If the party believes that the mediator has a stake in the power dispute or other relationship may affect the fair mediation, he or she has the right to apply for withdrawal from the oral or written form; the mediator believes that he or she has a stake in the power dispute or other relationship may affect justice. If mediation is made, it shall apply for withdrawal on its own.
Whether the mediator evades or not is determined by the person in charge of the power regulatory agency that accepts the mediation.
After the mediator evades, he will be elected as a mediator.
Article 18 The parties shall provide evidence of their own claims.
The evidence shall be presented and cross-examined, and evidence materials without cross-examination shall not be used as a basis for the determination of facts.
Article 19 When the power regulatory agency considers it necessary, it may investigate and collect evidence from relevant units or individuals. The unit or individual being investigated shall provide assistance and truthfully provide relevant supporting materials.
When the facts of the power dispute are difficult to identify, the power regulatory agency may employ experts or organizations that have no interest in the parties to the power dispute to demonstrate the power dispute, or hire an appraisal agency for identification.
Article 20 In the process of mediation, if one party is absent without proper reasons or otherwise indicates that the mediation has been withdrawn, it shall be deemed as refusal of mediation, and the power regulatory agency shall terminate the mediation.
Article 21 Where a power dispute involves a third party, a third party shall be notified to participate.
Article 22 No party shall disclose information that it has learned during the mediation process that may harm the interests of others.
The electricity regulatory agency shall not disclose to anyone the information that is known during the mediation process that may harm the interests of others.
Article 23 The power regulatory agency shall terminate the mediation within 45 days from the date of acceptance. If the situation is complicated and cannot be terminated within the stipulated time, the approval of the person in charge of the power regulatory agency that accepts the mediation may be extended appropriately, but the maximum may not exceed 60 days.
Chapter V End of Mediation
Article 24 Where an agreement is reached through mediation, the power regulatory agency shall produce a mediation book, which shall include the following contents:
(1) the name, gender, age, occupation, work unit, domicile of the party; the name, residence and legal representative's name and position of the legal person or other organization; the name, gender, age, occupation, and work unit of the agent;
(2) Request for mediation;
(3) the facts of the dispute;
(4) the result of the mediation;
(5) Other related matters.
Article 25 The mediation statement shall be signed or sealed by the mediator and the parties, and shall be stamped with the seal of the power regulatory agency. The power regulatory agency shall deliver the mediation book to the parties in a timely manner.
The mediation agreement reached under the auspices of the power regulatory agency shall be performed by the parties.
Article 26 If the mediation fails to reach an agreement, the mediation shall be terminated.
If the power plant and the power grid are connected to the grid, the power grid and the power grid are interconnected, and if the two parties or the interconnection parties cannot reach an agreement through mediation, the power regulatory agency shall coordinate or decide according to law.
Chapter VI Supplementary Provisions
Article 27 The term "electricity business operators" as used in these Measures refers to power generation enterprises, transmission enterprises, power supply enterprises and other enterprises engaged in electric power business.
Article 28 The power regulatory agency shall not charge any fees for mediation of power disputes.
Article 29 These Measures shall come into force on July 1, 2005.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: Power News
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