Build a new order for power supply business

Meet the people's electricity needs for a better life

Chairman of the Board of Supervisors and Chairman of the Legal Branch of the China Electric Power Council

Pan Yuelong

Interpretation of the new "Power Supply Business Rules":

The "Power Supply Business Rules"(hereinafter referred to as the "Supply Regulations") were officially issued on February 20 and will come into effect on June 1. The original "Supply Regulations" were officially promulgated and implemented in 1996. It is one of the important supporting regulations of the "Electricity Law" and "Electricity Supply and Use Regulations" and an important part of China's electricity legal system. In the past 30 years, the "Supply Regulations", as a norm and guideline jointly observed by both power supply and power supply parties, have been an important foundation for maintaining power supply and power supply order. During the revision process of this "Supply Regulations", under the guidance of the Market Supervision Department of the National Energy Administration, China ITU gave full play to the industry's leading role, adhered to problem orientation, focused on key issues, organized in-depth participation, demonstration and research by experts from multiple fields, and repeatedly discussed and revised, playing a positive role in the smooth revision of the "Supply Regulations". This article interprets relevant issues from an industry perspective.

01 The release of the new "Supply Rules" comes at the right time

From the perspective of institutional development, the current "Supply Regulations" were issued by the former Ministry of Electric Power Industry in 1996. At that time, power supply companies were part of the administrative management system, and some provisions inevitably had certain administrative overtones. With the deepening of power reform, reform measures such as the separation of power plants and power grids and the separation of main and auxiliary units have been implemented. Power supply companies that have stripped away administrative functions have established power supply and power contracts based on power supply and power contracts with power users as equal civil entities. relationship, more in line with the current background of the times. Therefore, it fully adapts to the requirements of civil and commercial laws and regulations, and internalizes and improves the provisions on the relationship between power supply and electricity in laws and regulations into the "Supply Regulations."

From the perspective of industry development, China has proposed to build a new power system with new energy as the main body. The electrification level of terminal energy consumption continues to improve, distributed photovoltaics and user-side energy storage are connected on a large scale, and profound changes in energy consumption patterns have brought changes in user types and characteristics. At the same time, national and industry standards such as power quality, engineering construction, and acceptance management are iteratively updated, and technologies such as engineering automation and power measurement and collection are continuously upgraded, and the power supply business content and business rules need to change accordingly.

The National Development and Reform Commission and the National Energy Administration revised the Supply Regulations in the context of adapting to and meeting new businesses, new situations, and new development requirements in the field of power supply and electricity. In general, the new version of the "Supply Regulations" is detailed and practical, focuses on the pain points of reform, regulates the behavior of both power supply and power supply. It is highly practical and operable, and provides strong support and guarantee for maintaining a harmonious relationship between power supply and power and promoting the development of the power industry.

02 Focus on orderly connection with superior laws such as the Civil Code

This revision is carried out against the background that the direct superior laws such as the Electricity Law and the Electricity Supply and Use Regulations have not yet been revised. It pays more attention to the connection and implementation of superior laws in related fields such as the Civil Code and the Anti-Monopoly Law. It is a comprehensive approach to governing the country according to law. The basic strategy of governing the country has been implemented in the power industry.

First, it has made a good connection with the Anti-Monopoly Law. 《反垄断法》规定，禁止具有市场支配地位的经营者滥用市场支配地位，实行差别待遇。供电企业是关系国家能源安全和国计民生的特大型国有骨干企业，具有自然垄断属性，应当强化监管和压实责任。因此，本次在《供规》总则中增加条款，明确规定供电企业应当无歧视对用户提供供电服务。

The second is to make a good connection with the Civil Code. 当前，供用电双方属于平等的民事主体关系，在供用电合同管理、违约责任承担、侵权责任承担等方面应当遵循《民法典》的规定。《民法典》明确了高度危险责任的认定原则，规定了民事主体之间的违约责任、侵权责任以及民事伤害责任承担的确定原则，本次修订按照《民法典》对责任认定进行了完善。此外，供用电合同是明确供用电双方权利义务的重要载体，《供规》第八章进一步修订了供用电合同管理规范，明确了供用电合同签订的依据，规定了合同变更或解除内容，并强调供电企业与用户签订的供用电合同相关违约责任条款，不得超出本规则规定的违约责任限度，不得擅自增加用户义务，减损用户权利，并对用户的违约使用电费设置了上限。

The third is to make a good connection with the Bankruptcy Law. 《破产法》对破产债权的清偿顺序等进行了明确，破产用户所欠电费以及破产程序中产生的电费，属于破产债权的范畴。本次修订对用户破产后清偿电费、办理业务的规定进行了完善，避免了与《破产法》相冲突。

03 Comprehensively reflect the new situation and new requirements for optimizing the business environment

The 20th National Congress of the Communist Party of China emphasized the need to create a market-oriented, legal and international first-class business environment. The State Council promulgated the "Regulations on Optimizing the Business Environment" to provide more powerful guarantees and support for optimizing the business environment. The National Development and Reform Commission and the National Energy Administration have implemented the decisions and arrangements of the Party Central Committee and the State Council to optimize the business environment, issued the "Opinions on Comprehensively Improving the Service Level of" Access to Electricity "and Continuously Optimizing the Electricity Business Environment", focusing on cultivating and stimulating the vitality of market entities, and Taking this as a starting point to continue to improve the electricity business environment.

First, this revision summarizes and consolidates the innovative experience and practices in the business environment. 《供规》将压减办电时间、精简办电流程、降低办电成本、提高供电可靠性等创新举措固化到体制机制，有效增强电力公共服务能力与民生保障能力。在流程要件精简方面，优化了新增、增容等办电业务流程，落实用电报装简化收资要求，明确各类用户收资标准，对于低压用户仅需提供用电人有效身份证件、用电地址物权证件。居民自用充电桩仅需按照国家有关规定提供相关材料。对于高压用户仅需提供用电人有效身份证件、用电地址物权证件、用电工程项目批准文件、用电设备清单；在压缩办电时限方面，更新供电方案答复时限，低压用户不超过三个工作日，高压单电源用户不超过十个工作日，高压双电源用户不超过二十个工作日。取消了对非重要电力用户的设计审查和中间检查环节；在供电可靠性方面，加强了供电质量与安全管理，提升电能质量及连续供电能力，进一步规范中止供电的情形，将中止供电原因消除后恢复供电时长由3天压缩至24小时；在降低办电成本方面，明确高压用户的成套设备中装有自备互感器时，经供电企业检验合格并加封，可以作为计费互感器。

Second, this revision further improves the transparency of customers 'power handling. 主动公开供电信息是全面落实《优化营商环境条例》等国家法律法规的重要体现，是广大人民群众获取用电信息的重要途径，也是用户行使知情权、参与权、监督权的基础。供电企业依法公开供用电相关信息，有助于保障用户合法权益，更好地服务于人民群众生产生活和经济社会活动。《供规》总则中对应明确，供电企业应当按照国家信息公开有关规定，主动公开与供用电相关的政策制度、服务标准、投诉或监督渠道等信息。

Third, this revision further regulates the management of electricity application charges. 全面契合优化电力营商环境新形势、新要求，为市场主体提供稳定且价格合理的用电报装服务，不得以任何名义直接或通过关联企业向用户收取不合理费用。落实国家取消供电贴费、电费保证金等收费项目的要求，《供规》删除了用电报装业务中与之有关的条款，同时明确了供电企业不得违反国家有关规定向用户收取电能计量装置费用，以及电能表损毁时用户不承担非其责任原因引起的赔偿责任。

04 Taking power security in residential areas as the entry point to meet the people's electricity needs for a better life

Safe and stable power supply is an important foundation for meeting the people's growing needs for a better life. This revision focuses on the people's closely related power demands such as the construction of power supply and distribution facilities in residential areas, as well as issues that restrict the high-quality development of the industry, effectively improve the level of safe power supply and high-quality services, and continuously meet the people's diverse electricity needs.

First, this revision improves the single-phase low-voltage residential and non-residential access capacity standards and the low-voltage three-phase four-line access capacity standards. 随着经济快速发展，用能电气化水平的不断提高带来用电需求日益增长，同时中国配电网不断升级改造，配网接入能力不断增强。基于上述变化，《供规》将单相供电的用户用电设备总容量提升至12千瓦，用户用电设备总容量160千瓦以下的，可以采用低压三相制供电。

Second, this revision proposes requirements for the construction of "one household, one meter" and charging facilities in new residential quarters. 部分未进行户表改造的合表用户居民小区存在不合理用电加价、供电可靠性低等问题，严重影响群众百姓生活质量和用电安全，为严格把控接入新建居民住宅小区供电标准，《供规》明确新建居住区居民住宅供电设施应当按照一户一表标准进行建设。同时，《供规》全面落实国务院办公厅《关于进一步构建高质量充电基础设施体系的指导意见》文件要求，确保固定车位按规定建设充电基础设施或预留安装条件，满足直接装表接电要求。

Third, this revision has added requirements for dual power supply configurations and flood prevention and waterlogging construction of power distribution facilities for high-rise residential buildings in new residential areas. 小区电力设施是保障人民群众安全用电、放心用电的重要基础，其中电梯、应急照明、消防设施等一级负荷的可靠供电，直接关系人民群众生命财产安全。因此，《供规》明确高层小区一级负荷应当采用双重电源供电，特级负荷除双重电源供电外，还应增设应急电源供电，并严禁将其它负荷接入应急供电系统。此外，居民住宅小区配用电设施属于城市市政基础设施的重要组成部分，如果选址不合理、设置在地势低洼位置，一旦发生洪涝、内涝灾害，极易被淹，引发大面积居民停电，影响人民群众生命财产安全。因此，《供规》明确，新建居民住宅小区应当合理规划确定配用电设施位置，满足防洪防涝相关要求，设置应急移动电源接口。

05 It was proposed for the first time that power industry associations should play an active role in power supply and electricity activities

In recent years, the power industry association has given full play to the role of a bridge and link between the government, enterprises and society, and has carried out investigations and studies focusing on the development and reform of the power industry and the hot and difficult issues of concern to the industry. In order to promote the improvement of scientific and technological innovation and management level of enterprises in the industry, Meet all sectors of society play an active role in power security and power quality requirements.

This time, the article stipulates for the first time that "the power industry association promotes the formulation of national standards and industry standards for power supply and electricity activities, promotes advanced technologies for power supply and electricity, and promotes technological progress and energy conservation and emission reduction." It is more conducive to China Electricity Council to guide the power industry Standardize and orderly development, scientifically plan in industry norms, technology iteration, resource allocation, etc., focus on solving reform and development problems, conduct orderly research on a series of major industry issues, and continuously promote industrial development.

In the next step, in order to actively give full play to the leading role of industry organizations and industrial innovation, better promote the implementation of power supply business rules, and support the research work of key issues of national ministries and commissions, China Electricity Council will play a leading role in promoting the coordinated development of the power industry, organize publicity and training work, pay close attention to the implementation of the "Supply Regulations" in various places, actively cooperate with relevant local government departments and agencies dispatched by the National Energy Administration, adhere to a problem-oriented approach, and organize industry experts to study problems existing in the implementation of the "Supply Regulations". Actively provide suggestions and suggestions to help the safe implementation of the "Supply Regulations". At the same time, we will accelerate the formation of a standard system to promote high-quality development, better play the basic, strategic and leading role of standardization in economic and social development, assist technological innovation and transformation and application, promote energy conservation, emission reduction, and green transformation in the power industry, and contribute to the high-quality development of the power industry.

edit:Kong Kexing

proofreading:Tommy Cheung