Recently, the reporter learned from the official website of the National Energy Administration that the National Energy Administration reviewed and approved the “List of Powers and Responsibilities of the National Energy Administration Organizations (Trial)”. The notice clearly stated that administrative penalties can be imposed for the failure to fully purchase renewable energy power generation! And the grid company compensates for its losses.

 

The original draft of the policy is as follows:

 

Project Name: Penalties for not fully acquiring renewable energy

 

Implementation basis:

 

1. Article 29 of the "Renewable Energy Law of the People's Republic of China" violates the provisions of Article 14 of this Law. If a power grid enterprise fails to fully purchase renewable energy and causes economic losses of a renewable energy power generation enterprise, it shall be liable for compensation. And the State Electricity Regulatory Authority shall order it to make corrections within a time limit; if it refuses to make corrections, it shall be imposed a fine of less than one time the economic loss of renewable energy power generation enterprises.

 

2. Measures for the Supervision of the Full Purchase of Renewable Energy by Power Grid Enterprises (Order No. 25 of the State Electricity Regulatory Commission) Article 20 Power grid enterprises and power dispatching agencies have one of the following acts, resulting in economic losses of renewable energy power generation enterprises. The power grid enterprise shall be liable for compensation, and the power regulatory agency shall order it to make corrections within a time limit; if it refuses to make corrections, the power regulatory agency may impose a fine of less than one time the economic loss of the renewable energy power generation enterprise:

 

(1) failing to construct or failing to construct a renewable energy power generation project access project in violation of the regulations;

 

(2) Refusing or hindering the signing of electricity sales contracts and grid-connected dispatching agreements with renewable energy power generation enterprises;

 

(3) failing to provide or failing to provide renewable energy power generation online services in a timely manner;

 

(4) not prioritizing the dispatch of renewable energy to generate electricity;

 

(5) Other circumstances in which the power supply of renewable energy cannot be fully acquired due to the reasons of the power grid enterprise or the power dispatching organization.

 

The power grid enterprise shall compensate the power regulatory agency within 15 days from the date of determining the economic loss of the renewable energy power generation enterprise.

 

Responsibility matters:

 

1. The stage of filing: comprehensive and objective. Fairly committing an illegal act that meets the conditions for filing a case.

 

2. Investigation stage: investigate and collect relevant evidence according to law; if necessary, conduct inspection according to law.

 

3. Decision stage: Before making an administrative punishment decision, inform the parties of the facts, reasons and basis for making the administrative punishment decision, and inform the parties of their rights according to law; fully listen to the opinions of the parties and conduct the facts, reasons and evidence submitted by the parties. Review; if the facts, reasons or evidence submitted by the parties are established, they shall be adopted. Before making a large-scale fine and other administrative punishment decisions, inform the parties that they have the right to request a hearing; if the parties request a hearing, organize a hearing. At the end of the investigation, the decision on administrative punishment shall be made according to law, no administrative punishment shall be imposed, and the judicial organs shall be transferred to the decision. Make an administrative penalty decision letter.

 

4. Delivery stage: If the party is present, the party will be delivered to the party after declaring the administrative penalty decision; if the party is not present, the party will be served in accordance with the law within 7 days after making the administrative punishment decision.

 

5. Implementation stage: If the party fails to perform the administrative punishment decision within the time limit, the party concerned shall be urged to perform the performance. If the party fails to perform the application within the time limit, it shall apply to the people's court for compulsory execution.

 

Accountability situation:

 

1. Article 28 of the Law of the People's Republic of China on Renewable Energy Law: The competent energy department of the State Council and the departments of the local people's government at or above the county level that manage energy work and other relevant departments violate this law in the supervision and management of the development and utilization of renewable energy. It is stipulated that if one of the following acts is committed, the people's government at the same level or the relevant department of the higher-level people's government shall order it to make corrections, and the responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law: a) not making an administrative license decision according to law; (2) discovering that the illegal act is not investigated; (3) having other acts that fail to perform the duties of supervision and management according to law.

 

2. Measures for the Supervision of the Full Purchase of Renewable Energy by Power Grid Enterprises (Order No. 25 of the State Electricity Regulatory Commission) Article 19 If the staff of the power regulatory agency fails to perform their supervisory duties in accordance with these Measures, they shall be held accountable according to law.

 

3. "Administrative Punishment Law of the People's Republic of China", "The Civil Service Law of the People's Republic of China", "Regulations on the Disciplinary Action of Civil Servants of the Administrative Organs" (Order No. 495 of the State Council) and the Interim Provisions on the Implementation of Accountability of Leading Cadres of the Party and Government (中中發(fā)[ 2009] No. 25) provisions on legal liability.