At the Fourth Session of the Tenth National People's Congress, the two NPC deputies proposed to speed up the revision of the "Electricity Law." They are representatives of the Hubei delegation, Zhang Xuezhi, general manager of Central China Power Grid Corporation, and representatives of the Heilongjiang delegation and Zhang Wenxue, director of Jiamusi Electric Power Bureau.
The two representatives, one south and one north, did not agree on the issue of the revision of the Electricity Law. Let us see what the Electricity Law in their eyes looks like.
Establish a new institutional system
Zhang Wenxue believes that the concept and principles of power legislation should be supported by specific systems. He suggested that the institutional system established by the revised “Electricity Law†should include the following:
The first is the macroeconomic regulation and control system. Macroeconomic regulation and control is a prominent function of economic law, and other traditional sectoral laws cannot undertake this task. The "Electricity Law" should comprehensively coordinate the relationship between power development, economic growth, environmental protection, and effective use of resources in accordance with the scientific development concept, normative planning, finance, investment, etc., so as to promote each other.
The second is the power administrative law enforcement system. The main body of law enforcement of the "Electricity Law" is the administrative department of the government at all levels. From the law enforcement actions, it is necessary to combine the administrative licensing, economic supervision, administrative treatment and punishment with the legal system of administrative reconsideration, administrative litigation, state compensation or compensation, and strengthen supervision. Functional and coordination functions, to achieve the constraints and constructiveness of legal means such as licensing, supervision, and processing. From the law enforcement procedures, it is necessary to establish the most basic fair procedure system such as openness, fairness, hearing, explanation of reasons, exclusion of bias, time limit, etc., to prevent abuse of administrative power from the procedural level, and to ensure transparency and public participation.
The third is the main system of the electricity market. The construction of the electricity market must have independent power companies that meet the requirements of the modern enterprise system. However, at present, China's power grid operators are all state-owned wholly-owned subsidiaries. Most of the city's power supply companies are branches of provincial power companies, and they do not have independent legal person status and market entity qualifications. It is very common for power generation companies to have a single state-owned capital. The establishment of the main system of the electricity market must first clarify the classification and status of power generation enterprises, transmission enterprises, power distribution enterprises and power sales enterprises, and establish a modern property rights system with clear attribution, clear rights and responsibilities, strict protection, and smooth circulation, and promote investment entities. Diversify and improve corporate governance structure.
The fourth is the power supervision system. It is necessary to clarify the legal status, regulatory functions, supervision methods and means of the SERC, as well as the regulatory control mechanisms and supervision and arbitration systems. Regulatory content such as electricity price approval, market access, investment and financing management, and cost monitoring are closely linked and must be closely coordinated to achieve the desired regulatory effect.
The fifth is the electricity market operation system. The system should do the following: establish the independent status of power dispatching and trading centers, ensure fair dispatch; reduce power market access standards, unify grid service content and standards, establish free choice systems for important users to power suppliers, and promote power Market competition; improve the property rights trading system, provide legal basis and transaction security for power company restructuring, ownership reform and foreign capital entry; establish electricity market operation system, completely break monopoly, promote and standardize effective competition; improve power supply and contract The system makes the separation of the plant and the network, the separation of distribution and distribution, and the separation of the placement have the basis of the legal system. The legitimate rights and interests of all parties are effectively guaranteed, and the disputes can be resolved quickly and effectively. The mechanism for forming electricity prices is improved, and the different standards of government pricing and market price formation are clarified. In this way, a price-scheduling system is established to shift the price of electricity from cost pricing to market-adjusted pricing based on supply and demand.
Sixth is the legal liability system. The current “Electricity Law†liability system is unclear and non-standard, which affects the uniqueness, operability and authority of the law. The establishment of a sound responsibility system for the “Electricity Law†should address weak links, both traditional civil, administrative, and criminal liability standards, as well as new content that meets the characteristics of power operations.
Establish new legislative concepts and principles
Zhang Xuezhi believes that under the historical background of building a harmonious society in an all-round way, economic law as an institutional tool for implementing the scientific development concept and the basic means of governing the country according to law and managing the national economy according to law, and adopting administrative and market methods to rationalize scarce economic resources. It is of great practical significance to allocate land, create a balanced and harmonious social and economic environment, and achieve the goal of sustainable development of society, economy, fairness and security.
Based on this, the revision of the Electricity Law should follow the following legislative concepts and principles:
First, the government and the market are organically integrated and balanced. The core content of power market reform is to break monopoly and introduce competition. The key point is to reform the government's electricity management system and methods, establish a new administrative management and market supervision system that meets the needs of marketization, and require the government to manage electricity from the past directly. Control and administrative examination and approval are the focus, and the level of electricity price is determined by the market, the government's indirect regulation of game rules and the way of industry supervision. One of the problems to be solved by economic law is to correctly handle the relationship between the government and the market, so that it can be organically combined to form a balance and harmony. Starting from this concept, we should establish the principle of the government's adaptation to the reform and development of power marketization, namely: transforming government functions, separating government and capital, separating government from enterprise, and clearing powers and responsibilities; administering according to law, preventing abuse of administrative power and administrative inaction; Monopoly, open the market, maintain a fair and competitive order; ensure that universal social services are in place.
The second is to implement reforms in accordance with local conditions and achieve partial and overall coordinated development. China has a vast territory, and its economic development level, energy resources distribution, economic layout, population, and geographical environment are quite different. The power grid structure is different. The local conditions and network conditions are very complicated. Therefore, the power reform should be guided by the general principles, allowing each region to implement different specific models according to different system conditions. The development of regional electricity market should be based on economic development, distribution of energy resources and power demand in different regions. Different market models and modes of operation can be adopted to promote complementary power resources between provinces, optimize regional power resource allocation, and improve provincial power. The core of the city's domestic market is the electricity supply market. The power end users are the main players of the market. According to the actual situation of each province, they conduct in-depth research, select pilots, clarify the objectives, and gradually realize the right of users to purchase electricity; clarify the power property rights. By deepening the reform of the rural power system, we will gradually rationalize the relationship between central and local power property rights.
The third is to reflect the concept of social publicity. The goal of power reform is to ensure high-quality, cheap, and safe power supply, break monopoly, form competition, and ensure that users have the right to choose. Therefore, the revision of the “Electricity Law†should follow the social publicity concept of economic law, aim at ensuring the sustainable development of the social economy and power safety, establish a management system and long-term mechanism for power production and operation safety, power safety and power grid burst. The event emergency response mechanism ensures power security.
Zhang Xuezhi specifically pointed out that the "Electricity Law" should pay attention to the protection of power facilities and investigate and tamper with electricity. He believes that the current key issue is to resolve the division of labor and convergence between the executive authorities, the judiciary, and the power companies in all aspects of law enforcement. Under the existing legal framework, the work flow of electricity inspection, evidence collection, electricity collection (electricity enterprise), administrative punishment (power management department), criminal sanctions (electric power enterprise coordination with public security organs) can be established to form a long-term mechanism.
He also proposed that the "Electricity Law" should reflect the maintenance of the rights and interests of power consumers, guarantee the user's choice; set the electricity price formation mechanism to ensure reasonable electricity prices; standardize universal services, strengthen demand side management; standardize planned power outages, suspension of power supply, use Electrical inspection procedures.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
The two representatives, one south and one north, did not agree on the issue of the revision of the Electricity Law. Let us see what the Electricity Law in their eyes looks like.
Establish a new institutional system
Zhang Wenxue believes that the concept and principles of power legislation should be supported by specific systems. He suggested that the institutional system established by the revised “Electricity Law†should include the following:
The first is the macroeconomic regulation and control system. Macroeconomic regulation and control is a prominent function of economic law, and other traditional sectoral laws cannot undertake this task. The "Electricity Law" should comprehensively coordinate the relationship between power development, economic growth, environmental protection, and effective use of resources in accordance with the scientific development concept, normative planning, finance, investment, etc., so as to promote each other.
The second is the power administrative law enforcement system. The main body of law enforcement of the "Electricity Law" is the administrative department of the government at all levels. From the law enforcement actions, it is necessary to combine the administrative licensing, economic supervision, administrative treatment and punishment with the legal system of administrative reconsideration, administrative litigation, state compensation or compensation, and strengthen supervision. Functional and coordination functions, to achieve the constraints and constructiveness of legal means such as licensing, supervision, and processing. From the law enforcement procedures, it is necessary to establish the most basic fair procedure system such as openness, fairness, hearing, explanation of reasons, exclusion of bias, time limit, etc., to prevent abuse of administrative power from the procedural level, and to ensure transparency and public participation.
The third is the main system of the electricity market. The construction of the electricity market must have independent power companies that meet the requirements of the modern enterprise system. However, at present, China's power grid operators are all state-owned wholly-owned subsidiaries. Most of the city's power supply companies are branches of provincial power companies, and they do not have independent legal person status and market entity qualifications. It is very common for power generation companies to have a single state-owned capital. The establishment of the main system of the electricity market must first clarify the classification and status of power generation enterprises, transmission enterprises, power distribution enterprises and power sales enterprises, and establish a modern property rights system with clear attribution, clear rights and responsibilities, strict protection, and smooth circulation, and promote investment entities. Diversify and improve corporate governance structure.
The fourth is the power supervision system. It is necessary to clarify the legal status, regulatory functions, supervision methods and means of the SERC, as well as the regulatory control mechanisms and supervision and arbitration systems. Regulatory content such as electricity price approval, market access, investment and financing management, and cost monitoring are closely linked and must be closely coordinated to achieve the desired regulatory effect.
The fifth is the electricity market operation system. The system should do the following: establish the independent status of power dispatching and trading centers, ensure fair dispatch; reduce power market access standards, unify grid service content and standards, establish free choice systems for important users to power suppliers, and promote power Market competition; improve the property rights trading system, provide legal basis and transaction security for power company restructuring, ownership reform and foreign capital entry; establish electricity market operation system, completely break monopoly, promote and standardize effective competition; improve power supply and contract The system makes the separation of the plant and the network, the separation of distribution and distribution, and the separation of the placement have the basis of the legal system. The legitimate rights and interests of all parties are effectively guaranteed, and the disputes can be resolved quickly and effectively. The mechanism for forming electricity prices is improved, and the different standards of government pricing and market price formation are clarified. In this way, a price-scheduling system is established to shift the price of electricity from cost pricing to market-adjusted pricing based on supply and demand.
Sixth is the legal liability system. The current “Electricity Law†liability system is unclear and non-standard, which affects the uniqueness, operability and authority of the law. The establishment of a sound responsibility system for the “Electricity Law†should address weak links, both traditional civil, administrative, and criminal liability standards, as well as new content that meets the characteristics of power operations.
Establish new legislative concepts and principles
Zhang Xuezhi believes that under the historical background of building a harmonious society in an all-round way, economic law as an institutional tool for implementing the scientific development concept and the basic means of governing the country according to law and managing the national economy according to law, and adopting administrative and market methods to rationalize scarce economic resources. It is of great practical significance to allocate land, create a balanced and harmonious social and economic environment, and achieve the goal of sustainable development of society, economy, fairness and security.
Based on this, the revision of the Electricity Law should follow the following legislative concepts and principles:
First, the government and the market are organically integrated and balanced. The core content of power market reform is to break monopoly and introduce competition. The key point is to reform the government's electricity management system and methods, establish a new administrative management and market supervision system that meets the needs of marketization, and require the government to manage electricity from the past directly. Control and administrative examination and approval are the focus, and the level of electricity price is determined by the market, the government's indirect regulation of game rules and the way of industry supervision. One of the problems to be solved by economic law is to correctly handle the relationship between the government and the market, so that it can be organically combined to form a balance and harmony. Starting from this concept, we should establish the principle of the government's adaptation to the reform and development of power marketization, namely: transforming government functions, separating government and capital, separating government from enterprise, and clearing powers and responsibilities; administering according to law, preventing abuse of administrative power and administrative inaction; Monopoly, open the market, maintain a fair and competitive order; ensure that universal social services are in place.
The second is to implement reforms in accordance with local conditions and achieve partial and overall coordinated development. China has a vast territory, and its economic development level, energy resources distribution, economic layout, population, and geographical environment are quite different. The power grid structure is different. The local conditions and network conditions are very complicated. Therefore, the power reform should be guided by the general principles, allowing each region to implement different specific models according to different system conditions. The development of regional electricity market should be based on economic development, distribution of energy resources and power demand in different regions. Different market models and modes of operation can be adopted to promote complementary power resources between provinces, optimize regional power resource allocation, and improve provincial power. The core of the city's domestic market is the electricity supply market. The power end users are the main players of the market. According to the actual situation of each province, they conduct in-depth research, select pilots, clarify the objectives, and gradually realize the right of users to purchase electricity; clarify the power property rights. By deepening the reform of the rural power system, we will gradually rationalize the relationship between central and local power property rights.
The third is to reflect the concept of social publicity. The goal of power reform is to ensure high-quality, cheap, and safe power supply, break monopoly, form competition, and ensure that users have the right to choose. Therefore, the revision of the “Electricity Law†should follow the social publicity concept of economic law, aim at ensuring the sustainable development of the social economy and power safety, establish a management system and long-term mechanism for power production and operation safety, power safety and power grid burst. The event emergency response mechanism ensures power security.
Zhang Xuezhi specifically pointed out that the "Electricity Law" should pay attention to the protection of power facilities and investigate and tamper with electricity. He believes that the current key issue is to resolve the division of labor and convergence between the executive authorities, the judiciary, and the power companies in all aspects of law enforcement. Under the existing legal framework, the work flow of electricity inspection, evidence collection, electricity collection (electricity enterprise), administrative punishment (power management department), criminal sanctions (electric power enterprise coordination with public security organs) can be established to form a long-term mechanism.
He also proposed that the "Electricity Law" should reflect the maintenance of the rights and interests of power consumers, guarantee the user's choice; set the electricity price formation mechanism to ensure reasonable electricity prices; standardize universal services, strengthen demand side management; standardize planned power outages, suspension of power supply, use Electrical inspection procedures.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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