Provisions of Shanghai Municipality on Protecting Power Facilities and Safeguarding the Order in Using Electricity

· Document Number：Announcement No. 3 of the Standing Committee of the People's Congress of Shanghai Municipality

· Area of Law： Post and Telecommunications

· Level of Authority： Provincial Local Regulations

· Date issued：08-21-2008

· Effective Date：01-01-2009

· Status： Effective

· Issuing Authority： Shanghai Municipality

Announcement of the Standing Committee of the People's Congress of Shanghai Municipality
(No. 3)
The Provisions of Shanghai Municipality on Protecting Power Facilities and Safeguarding the Order in Using Electricity, as adopted at the 5th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on August 21, 2008, is hereby issued and shall become effective as of January 1, 2009.
Standing Committee of the People's Congress of Shanghai Municipality
August 21, 2008
Provisions of Shanghai Municipality on Protecting Power Facilities and Safeguarding the Order in Using Electricity
(Adopted at the 5th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on August 21, 2008)
Article 1 With a view to enhancing the protection of power facilities, safeguarding the order in using electricity, ensuring the safety operation of electric power, these Provisions are formulated on the basis of the “Electricity Law of the People's Republic of China”, the “Regulations on the Protection of Power Facilities”, the “Regulations on the Supply and Use of Electric Power”, the “Regulations on the Supervision and Administration over Electric Power”, and other laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2 These Provisions apply to the protection of generating facilities, power transforming facilities, power transmission lines, and other related auxiliary facilities, and the safeguarding of the order in using electricity within the administrative area of this Municipality.
Article 3 The people's governments of all levels shall strengthen the organization of and leadership over the protection of power facilities and the safeguarding of the order in using electricity within their respective administrative area, coordinate in settling major problems arising in the work of protecting power facilities and safeguarding the order in using electricity, and do well the work of organization and coordination against emergency cases.
Article 4 The municipal administrative department of electricity shall be responsible for the supervision and administration over the protection of power facilities and the safeguarding of the order in using electricity in this Municipality, and for organizing the implementation of these Provisions, and may, upon the approval of the Municipal People's Government, entrust the administrative organ(s) of public affairs to carry out the administrative punishment set in these Provisions.
The district/county administrative departments of electricity shall, in accordance with their respective duties, do well the work of protecting power facilities and safeguarding the order in using electricity within their own administrative areas.
The public security departments of all levels shall strengthen the cooperation with relevant administrative departments and electricity enterprises in cracking down on and preventing the illegal or criminal acts of endangering the safe operation of electricity such as stealing or sabotaging power facilities.
Other administrative departments of this Municipality shall, in accordance with their respective duties, do well the administration work on protecting power facilities and safeguarding the order in using electricity.
Article 5 The municipal and district/county administrative department of electricity may, in accordance with the provisions of the “Electricity Law of the People's Republic of China”, allocate supervisors and inspectors of electricity to carry out supervision and inspection in accordance with laws.
Article 6 The municipal administrative department of electricity shall, jointly with other relevant administrative departments, formulate the predetermined emergency scheme for electricity contingencies, and carry out the implementation thereof upon the approval of the Municipal People's Government.
Electricity enterprises shall formulate their own emergency schemes for electricity contingencies, carry out regular drills and perfect the early warning mechanism.
When electricity contingencies occur, the people's governments of all levels and electricity enterprises shall, in accordance with the emergency scheme, organize the elimination of danger and rush repairs, so as to restore the normal operation of electricity.
Article 7 The electricity enterprise shall establish and perfect the safety management system and the internal security defense system, adopt technical countermeasures, equipment countermeasures, personnel countermeasures, and measures to enhance the inspection over electricity, etc., carry out regular maintenance, inspection and repairs, and renewal of power facilities, and shall, when discovering the acts of endangering the safety of power facilities, or disturbing the order in using electricity, adopt measures to stop them, and report to relevant departments.
The electricity enterprise shall safely supply electricity in accordance with the quality standard of power supply provided by the State, and the agreement. The electricity enterprise shall notify users of electricity in advance in accordance with relevant provisions of the State in case it is necessary to suspend the electricity supply, for such reasons as overhaul of power facilities, restriction of power supply in accordance with laws, or illegal use of electricity by users of the electricity, etc..
The metrological installations of electricity enterprises for calculating electric charges shall be verified as qualified by the legal calibration organizations authorized by the quality and technology supervision department, and be regularly inspected, tested, and replaced as provided, with the necessary expenses to be borne by electricity enterprises, and the users shall extend cooperation.
The electricity enterprise shall publicize the safe, reasonable, and economical use of electricity, provide consulting services on the use of electricity, etc., notify users of electricity in case of discovering hidden defects in the power receiving equipment of the user of electricity, and guide them to formulate the scheme of settlement.
The electricity enterprise shall establish the service call system for trouble with the electricity supply, announce the telephone number for repairs, and dispatch personnel to the scene to do such repairs within the time limit promised to the society upon the receipt of trouble calls.
Article 8 The electricity enterprise shall, in accordance with relevant requirements of the State and this Municipality, establish and maintain the protection signs of power facilities.
Where construction operation on building, pipeline, etc. is carried out in the protection area of power transmission lines and facilities, or explosion or other activities that may endanger the safe operation of power facilities are carried out around power facilities, the operation unit shall, three working days before the operation, notify the electricity enterprise in written form, and may ask the electricity enterprise to dispatch personnel to the scene to carry out safety monitoring.
The electricity enterprise shall, upon the receipt of the notice and in accordance with the requirements on the safety protection of power facilities, put forward suggestions on safe construction in written form to the operation unit within three working days. The operation unit shall, when needing to do such repairs or deal with emergencies under the circumstances of such emergencies as natural calamities, safety-related accidents, with the likelihood of endangering the safety of power facilities, notify the electricity enterprise while carrying out such repairs or dealing with emergencies; the electricity enterprise shall dispatch personnel to the scene to carry out safety monitoring, upon the receipt of the notice.
The operation unit shall, in accordance with the construction suggestions on the safety protection of power facilities, adopt corresponding measures for safe operation.
Article 9 Where the growing of such plants as trees, bamboos, etc. endangers the safety of power facilities, their owners or administrators shall adopt necessary safety measures. The electricity enterprise shall notify the owners or administrators when finding in its routine inspection that the growing of such plants as trees, bamboos, etc. endangers the safety of power facilities.
Where such force majeure as natural calamities causes such plants as trees, bamboos to incline, thus endangering the safety of power facilities, the electricity enterprise may adopt such necessary emergency measures as pruning, felling, etc. in advance, and shall notify the owners or administrators, and report to relevant administrative departments.
Article 10 The following acts of endangering generating facilities or transforming facilities are prohibited:
1. arbitrarily entering into the power plant or power transformation stations to disturb the order in production or operation;
2. arbitrarily moving or damaging generating facilities or transforming facilities and relevant signs;
3. endangering the safe operation of special-use pipes for water transmission, oil transmission, heat supply, dust discharging, etc.;
4. affecting the use of exclusive-use railroads, bridges, docks, etc.; or
5. other acts of endangering generating facilities or transforming facilities as provided by laws and regulations.
Article 11 The following acts of endangering the power transmission lines and facilities are prohibited:
1. shooting at power transmission lines and facilities or throw objects at conducting lines;
2. flying kites in the area within 300 meters from both sides of overhead power conducting lines;
3. arbitrarily climbing electricity poles or towers or lay wires, communication lines, advertisement boards or other facilities on electricity poles or towers;
4. utilizing electricity poles or towers to brace lines for tying livestock, hanging up objects, or winding crops, or using them as anchoring point for lifting or towing objects;
5. sampling soil, driving piles, drilling, digging, or dumping harmful chemicals within the provided area of the foundation of electricity poles or towers, or bracing lines.
6. arbitrarily dismantling materials from electricity poles or towers or bracing lines, moving or damaging protection signs of power facilities; or
7. other acts of endangering power transmission lines and facilities as provided by laws and regulations.
Article 12 The following acts are prohibited within the protection area of power transmission lines and facilities demarcated in accordance with laws:
1. arbitrarily renovating or constructing buildings or structures;
2. piling up garbage, slag, inflammable materials, explosive materials, harmful chemical materials, or other objects that may affect the safety of power supply;
3. cultivating plants that may endanger the safety of power facilities; or
4. setting off firecrackers or fireworks, or discharging balloons or other air floating objects within the protection area of overhead power lines.
Article 13 Any units or individual persons that cause damages to power facilities shall notify the electricity enterprise, do well the on-spot protection work, and cooperate with the electricity enterprise in doing repairs.
Article 14 The municipal administrative department of electricity may formulate the scheme for guaranteeing the order in using electricity with a view to ensuring the safe operation of public electric network, and carry out the implementation thereof upon the approval of the Municipal People's Government.
Electricity enterprises and users of electricity shall execute the scheme for guaranteeing the order in using electricity. Where a user of electricity refuses to adopt measures to use electricity in an orderly manner, thus raising a possibility of endangering the safe operation of public electric network, and still fails to make corrections upon the receipt of notice, the electricity enterprise may suspend the power supply to the mentioned user in accordance with the instructions of the municipal administrative department of electricity and the procedures provided by the State.
Article 15 All units and individual persons are prohibited to carry out any one of the following acts of disturbing the order in using electricity:
1. arbitrarily changing the type of electricity used;
2. arbitrarily exceeding the capacity agreed on in the contract for power supply in using electricity;
3. arbitrarily using the power equipment for which the suspension formalities have already been handled at the electricity enterprise;
4. arbitrarily operating the electricity metering device, the electricity load control device, the power supply device of the electricity enterprise, or those electricity receiving equipment for users of electricity to be managed by the electricity enterprise as agreed on;
5. arbitrarily removing or altering the metrological installations of the electricity enterprise, or additionally install those devices that may affect the electricity metering;
6. arbitrarily inleading or outleading the power supply or interconnecting the private power supply to the net; or
7. intentionally making the metrological installations of the electricity enterprise lose accuracy or efficacy.
Article 16 All units and individual persons have the obligation to protect power facilities and safeguard the order in using electricity, and are entitled to stop the acts of endangering power facilities or disturbing the order in using electricity; all units and individual persons have the rights to report to the municipal administrative department of electricity or other relevant administrative department(s) or report to the electricity company. Where the case is affirmed through investigation, the reporter(s) shall be rewarded.
Article 17 The electricity enterprises shall adopt necessary preventive measures in suspending the power supply, so as to avoid heavy losses to the equipment and personal injuries, and that shall not affect other users' normal use of electricity. The electricity enterprise shall resume the electricity supply as soon as the removal of causes for the suspension of electricity.
Where the user of electricity disagrees with the electricity enterprise's act of suspending the electricity supply, he/she may make an appeal to the municipal administrative department of electricity.
Article 18 Where the electricity enterprise fails to provide suggestions on safe operation in time or fails to dispatch personnel to the scene to carry out safety monitoring as required, in violation of the provisions of Clause 3 of Article 8 of these Provisions, thus causing consequences, the municipal administrative department of electricity shall impose a fine of between not less than 10,000 yuan but not more than 100,000 yuan.
Where an electricity enterprise violates these Provisions and thus affects the normal use of electricity by users, or causes personal injuries or damages to private properties, such enterprise shall bear corresponding civil liabilities in accordance with laws.
Article 19 Violations of the provisions of Article 8 of these Provisions by failing to adopt corresponding measures for safe operation, thus causing damages to power facilities, shall be handled in accordance with the provisions of laws, rules and regulations if the laws, rules and regulations have such provisions; where the laws, rules and regulations have no relevant provisions, the municipal or district/county administrative department of electricity shall impose a fine of between not less than 10,000 yuan but not more than 100,000 yuan.
For the acts in violation of the provisions of Article 10, Article 11, or Article 12 of these Provisions, the municipal or district/county administrative department of electricity shall order a correction; a fine of between not less than 200 yuan but not more than 2,000 yuan shall be imposed in case of refusal to make corrections; a fine of between not less than 2,000 yuan but not more than 10,000 yuan shall be imposed in case of refusal to make corrections and moreover causing damages to power facilities.
For the acts of arbitrarily renovating or constructing buildings or structures within the protection area of power transmission lines and facilities, in violation of the provisions of Clause 1 of Article 12 of these Provisions, the district/county people's government or relevant administrative department shall organize the demolition of such buildings or structures in accordance with laws.
Article 20 If any unit violates the provisions of Clause 1, Clause 2 or Clause 3 of Article 15 of these Provisions, or if any individual person violates the provisions of Clause 1, Clause 2 , Clause 3, or Clause 4 of Article 15 of these Provisions, by disturbing the order in using electricity, the municipal or district/county administrative department of electricity shall order a correction, and give a warning; in case of refusal to make corrections, a fine of between not less than 1,000 yuan but not more than 10,000 yuan shall be imposed.
If any unit violates the provisions of Clause 4, Clause 5, Clause 6, or Clause 7 of Article 15 of these Provisions, or if any individual person violates the provisions of Clause 5, Clause 6 , or Clause 7 of Article 15 of these Provisions, by disturbing the order in using electricity, the municipal or district/county administrative department of electricity shall order a correction, and cumulatively impose a fine of between not less than 5,000 yuan but not more than 50,000 yuan.
Article 21 The acts of endangering the safe operation of electricity such as stealing or damaging power facilities in violation of the provisions of the “Law of the People's Republic of China on Public Security Administration Punishments” shall be penalized by the public security department in accordance with laws; where the acts constitute a crime, the wrongdoer shall be prosecuted for criminal liability in accordance with laws.
Article 22 These Provisions shall become effective as of January 1, 2009.