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The national energy administration, is not a full acquisition of renewable energy power to administrative penalty And compensate the owner

2015/12/23      view:

    Recently, the reporter learned from the national energy administration's official website that the national energy administration approval of the national energy administration local agency authority and responsibility list (try out) ". Specifically: notice of not full acquisition of renewable energy power generation can implement administrative punishment! And by the power grid enterprise compensation for its losses.

    The original policy excerpt is as follows:

    Project name: the penalty for not full acquisition of renewable energy

    Implement according to:

    1、The renewable energy law of the People's Republic of China in violation of the provisions of article 14, article 29 of the regulations, not a full acquisition of renewable energy power grid enterprises, thereby causing loss to the renewable energy power generation enterprise economy, shall be liable for compensation, and by the state electricity regulatory institution shall order correction within a time limit; Refuses to make corrections and impose a times the renewable energy power generation enterprise economic losses in fines.

    2、The power grid enterprise full acquisition of renewable energy electricity regulatory approach "(order no. 25 of the state electricity regulatory commission) article 20 of the power grid enterprise, the power dispatching institution has one of following action, thereby causing loss to the renewable energy power generation enterprise economy, power grid enterprises shall be liable for compensation, and the electricity regulatory institution shall order correction within a time limit; Refuses to correct, power regulators can impose a renewable energy power generation enterprises economic losses double fine below:

    (1) in violation of the provisions under construction or not timely construction of renewable energy power generation project access project;

    (2)Refuse or obstruct conclude a contract for the buying and selling electricity with renewable energy power generation enterprises, grid scheduling agreement;

    (3)Not to provide or not provide renewable energy power generation Internet service;

    (4)Not priority scheduling of renewable energy power generation;

    (5)Other not caused by power grid enterprises or electric power dispatching institution full acquisition of renewable energy power.

    Power grid enterprises shall since the electricity regulatory institution decides that the renewable energy power generation enterprise economic losses within 15 days from the date of compensate.

    Responsibility:

    1、Filing stage: comprehensive, objective and impartial, meet the conditions for filing illegal behavior, to be put on record.

    2、Investigation stage: in accordance with the investigation, collect relevant evidence; When necessary, conduct inspection in accordance with the law.

    3、Decision stages: before make a decision on administrative punishment, inform the parties to make a decision on administrative penalty facts, reasons and basis, and inform the parties of their rights in accordance with the law; Fully listen to the opinions of the parties, and facts, reasons or evidence put forward by the parties to review; The facts, reasons or evidence put forward by the established, shall be adopted. Large amount of fines and other administrative punishment decision before, inform the parties have the right to request hearings; If the parties request a hearing, hearing. Investigate the end, make a decision on administrative penalty in accordance with the law, no administrative punishment, transferred to judicial organs such as the decision. Make decision for administrative penalty.

    4、Served stage: the parties present, given to the party declared the decision on administrative punishment book; After the party is not present, the administrative punishment decision, served on the parties concerned in accordance with the law within 7 days.

    5、Execution phase: party fails to execute the decision on administrative punishment, demand that the parties to fulfill, party fails to perform, apply to the people's court for compulsory execution.

    Accountability:

    1、The renewable energy law of the People's Republic of China article 28 power administrative department under the state council and local people's governments at or above the county level of energy management department and other departments in the work of supervision and management of renewable energy development and utilization, in violation of the provisions of this law, has one of the following ACTS, by relevant department of the people's government at the corresponding level or the superior people's government shall be ordered to correct, to the responsible person in charge and other persons directly responsible shall be given administrative sanctions according to law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law: (a) don't make a decision on the administrative licensing in accordance with the law; (2) shall not be found illegal behavior investigation; (3) there are not other behavior of the supervision and management responsibilities in accordance with the law.

    2、The power grid enterprise full acquisition of renewable energy electricity regulatory approach "(order no. 25 of the state electricity regulatory commission) article 19 the electricity regulatory institution staff not to perform regulatory responsibilities in accordance with these measures, shall be investigated for their responsibility according to law.

    3、The law of the People's Republic of China on administrative punishment law of the People's Republic of China civil servant law "regulations on the administrative organs of civil servants dispose (state council order no. 495) and the interim provisions on the implementation of party and government leading cadres accountability, do hair [2009] in (25) in terms of the relevant legal responsibility.