Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province No.143   The Regulations of Jiangsu Province on Electric Power Protection, adopted at the Thirty-third Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on November 30, 2007, are hereby promulgated and shall enter into effect as of May 1, 2008.    November 30, 2007 Regulations of Jiangsu Province on Electric Power Protection   (Adopted at the Thirty-third Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on November 30, 2007)   Chapter IGeneral Provisions   Article 1 These Regulations are enacted in accordance with the laws and administrative regulations such as the Electric Power Law of the People’s Republic of China, the Regulations on Protection of the Power Facilities and the Regulations on Supply and Utilization of Electricity formulated by the State Council, in light of the specific situation of this Province, and for the purpose of ensuring the smooth progress of power construction, safeguarding power production safety, maintaining the order in power supply and utilization and protecting social public interests.   Article 2 These Regulations shall apply to the electric power protection within the administrative region of this Province.   The term “electric power protection” as used in these Regulations includes the protection of power construction, the protection of power facilities and the protection of electric energy.   Article 3 The local peoples government at or above the county level shall strengthen its leadership on the electric power protection work, incorporate the electric power development undertaking into the national economy and social development planning, and coordinate to solve the major problems in the work of electric power protection.   The electric power administration department of the local peoples government at or above the county level shall be responsible for the supervision and management on the electric power protection work within its administrative region.   The other relevant departments of the local peoples government at or above the county level shall do well their work on electric power protection according to the division of their functions and duties.     The people’s government of a town (township) shall assist the electric power administration department in doing well its work on electric power protection within the area under its administration.   Article 4 The electric power enterprise shall carry out real-time control over the safe and sound operation of the power network, formulate contingent plans for rapid response to the emergency in power production safety, and promote the defense capacity so as to ensure safety in the use of the electric power.   The electric power enterprise shall establish and improve the safety management system and the inner safety protection working mechanism, implement the inner precautionary measures for safeguarding security, carry out patrol surveillance, maintenance and inspection on the power facilities under its administration according to law, promptly remove hidden danger, eliminate malfunction and deal with accidents through adopting prevention measures featuring the combination of human efforts with technical and equipment advantages, and stop according to law the illegal acts that will endanger the safety operation of the electric power and disturb the electric power supply and utilization order.   Chapter IIProtection of Power Construction   Article 5 The principle of giving equal weight to exploitation and conservation, placing priority to environmental protection, optimizing energy structure, promoting scientific and technological progress, and developing slightly ahead of the other sectors of the economy with balance and coordination shall be observed in formulation of the electric power development plans, which shall be incorporated into the overall planning for urban and rural construction. The power construction projects shall conform to the electric power development plans and the national policies on the electric power industry.   No unit or individual may revise the approved electric power development plans without authorization; where it is really necessary to make the revision, a revision plan shall be put forward by the original formulation organ after scientific assessment and reported to the original approval organ for approval.   The local people’s governments at various levels shall, according to the electric power development plans, arrange corresponding land to be used for power facilities, the overhead power line corridors and the underground cable passages. The competent department for urban and rural planning shall, according to the requirement of such plans, carry out planning for the land to be used for the power facilities, the overhead power line corridors and the underground cable passages.     Article 6 Requisition of land will not be implemented the construction of the overhead power line corridors (including the basement of poles and towers) and the underground cable passages. The electric power construction unit shall make economic compensation to the holder of the right to the contracted management of the land used for the basement of the poles and towers or to the holder of the right to use the land for construction in a lump sum.     Where trees need to be cut down or cleared when an overhead power line corridor pass through the woods, formalities for occupation of the woodland and cutting of the trees shall be gone through according to the provisions in the relevant laws and regulations. The electric power construction unit shall make economic compensation to the owner or operator of the trees or the woodland in a lump sum.   When the planning permit of construction engineering has been acquired for a power construction project, the electric power administration department shall, in light of the planning permit of construction engineering and requirement for the protection of the power facilities, make a public announcement on the power facility protection zones which needs to be demarcated according to law. In the power facility protection zones explicitly mentioned in the announcement, where a newly-cultivated plant needs to be cut off, or the part of a newly-built or expanded building or structure needs to be dismantled, no compensation will be made; where a plant which already exists before the announcement needs to be trimmed or cut down or a building or structure which already exists before the announcement needs to be dismantled, the electric power construction unit shall make economic compensation in a lump sum, and go through the relevant formalities according to law.     The standards for the economic compensation shall be rational. The specific standards shall be formulated by the competent departments of finance and pricing of the Province in conjunction with the electric power administration department, and reported to the Provincial People’s Government for approval and implementation.   Article 7 No unit or individual may obstruct or sabotage the construction of a power project carried out according to law. Where units or individuals neighboring a power construction project incur losses due to their assist in the power construction, the power construction unit shall make reasonable compensation to them.   Article 8 Where power facilities need to be relocated or rebuilt due to the construction of other projects, or where the power facilities will obstruct other facilities during its building, rebuilding or expanding process, the construction shall not begin until an agreement has been reached by the units concerned after negotiation. The expenses for moving or rebuilding the relevant facilities shall be borne by the party which brings up the moving or rebuilding requirement, unless otherwise provided by laws and regulations.   In case damage has been done due to the unauthorized construction before an agreement is reached through negotiation, the unit which carries out the construction without authorization shall bear the responsibility.   Article 9 For residences which an overhead power line of 500 kv or above has to fly over or other residential buildings within the corridor of the power line which have to be dismantled as requested by the designing regulations, the power construction unit shall dismantle them and make compensation for them according to law.   Where it is really necessary for an overhead power line of 220 kv or below to fly over a residential building, the power construction unit shall take security measures according to the relevant technical regulations of the State so as to ensure a safe distance for the fly-over.   Article 10 Power construction shall be carried out in adherence to the laws and regulations on environmental protection. Environmental impact assessment shall be carried out according to law for power construction projects. The competent administrative department for environmental protection shall publicize the examination and approval document for the environmental impact assessment of a power construction project.   The electric power enterprise shall take measures to ensure that the power-frequency electric fields and power-frequency magnetic fields generated by the high voltage transmission and transformation facilities are maintained within the limits specified by the standard of the State.   Chapter IIIProtection of Power Facilities   Article 11 Power facilities are protected by law. No units or individuals may commit the following acts:   (1) stacking articles that may endanger the power facilities such as grain, fodder, lumber, straw, combustibles, and explosives or burning articles within the scope of land used for power plants and power substations;   (2) angling within the protection zone of the overhead power lines;   (3) fishing, swimming, boating or carrying out other activities that may endanger the safety of the hydraulic structures within 100 meters around the hydraulic structures of a thermal power plant;   (4) increasing the height of a building or a structure over which the overhead power line crosses, or stacking articles under the overhead power line at the cost of safety distance;   (5) damaging facilities which are relevant in the production of the electric power such as water supply, water drainage, power supply, gas supply facilities and conduits by blocking or dismantling them;   (6) climbing up the power poles and towers in violation of the regulations or hanging various out-hanging devices such as cables or advertisement boards on the power poles or towers without authorization;   (7) deploying various cables in the conduits for power cables without authorization;   (8) carrying out other acts prohibited by laws and regulations which may endanger the power facilities.   Article 12 Where the operations that may endanger the safety of the power line facilities such as piling, drilling or digging are to be conducted within the power line protection zone or a crane or a elevator needs to enter the overhead power line protection zone to operate, prior approvals shall be obtained from the electric power administration department of a county (city, district) and safety measures shall be taken before the operation can actually begin.   Article 13 Where the trimmed plants in a power facility protection zone will still endanger the safety of the power facilities after their natural growth, the owner or the keeper of the plants shall trim them on regular basis.   The power enterprise shall strengthen the safety surveillance on the power lines; where it is found that the plants in the power facility protection zone are not kept in a safe distance, it shall notify the owner or the keeper of the plants to trim the plants within a reasonable period of time; where the owner or the keeper fails to trim the plants within the reasonable period of time, the power enterprise may do the trimming and does not have to make compensation for the relevant costs caused by the trimming of the plants.   In case of force majeure such as natural disasters or any other emergency, where the owner or the keeper of the plants that may endanger the safety of the power facilities can not eliminate the hazards even if he has taken some other measures, the power enterprise may trim or cut those plants and shall submit a report on trimming and cutting of the plants to the competent department of forestry or urban forestation for record within 30 days after the emergent situation is over.   Where ancient or famous trees are concerned, the provisions in relevant laws and regulations shall be implemented.   Article 14 Where a natural disaster or a human error damages the public power supply facilities, which causes an power supply failure accident, unless it is due to some objective reasons such as bad weather condition or traffic jam, the power supply enterprise shall send its personnel to the site for rush-repair within 3 hours since it receives the call for repair and shall resume the normal power supply as soon as possible.   Article 15 The power enterprise and the owner or the keeper of other power facilities shall set up and maintain the warning signs for safety according to the provisions of the State and the Province.   When engaging in production and operation activities in and around the power facility protection zone, where the activities may cause the power facilities to endanger the personal safety of other people, the person who engages in the production and operation activities shall set up the warning signs for safety and maintain them well.   The owner or the keeper of the power facilities shall dismantle the disused or scrapped power facilities in time.   Article 16 The regulations of the State on protection of communication lines shall apply to the protection of power communication lines.   Article 17 The lines for communication and radio and television broadcasting usually shall not cross over or hang on the electric power lines.   Where it is really necessary for the lines to cross over each other due to the confine of route, the unit which sets up the lines later shall take safety measures to ensure the safety of the lines; where it is really necessary to hang one line on the other, after making sure that the hanging will meet the safety requirement, the unit which sets up the line earlier shall allow the unit which sets up the line later to hang its line on the earlier set-up line with compensation.   Article 18 In the planning for a newly-constructed residential area, a reservation shall be made for the land to be used for the ancillary electric power facilities for common use. No unit or individual may change the purpose or location of the land to be used for the electric power facilities and the conduits that have been specified by law without authorization.   In case the power supply capacity in a residential area cannot meet the demand, the power supply enterprise shall conduct reconstruction for increasing the power capacity based on the application of the residents so as to meet their demands. Where more power distribution facilities need to be built in the residential areas for the power capacity increase, the decision shall be made by the owner’s committee of the residential area in consultation with the power supply enterprise; where more power distribution facilities need to be built in the public area, the power supply enterprise shall submit a plan to the competent department for urban and rural planning for approval. .   Article 19 Where a unit needs to sell its waste or worn power equipments, the person who handles the matter shall do it on the strength of the introduction letter from the unit and his personal identity certificate; where an individual needs to sell the waste or worn power equipments, he shall do it on the strength of his personal identity certificate.   The unit which purchases waste and worn power equipments shall report to the local pubic security organ at the county level for record according to the provisions of the State. It shall open an account to truthfully register the name and address of the selling unit, or the name, ID number and address of the seller, and the source, specification, quantities and the whereabouts of the waste and worn power equipments; where stolen goods or suspected stolen goods wanted by the public security organ are found, it shall report to the public security organ immediately. The account of the purchase shall be kept for not less than two years.   The public security organ shall investigate into and deal with the acts of purchasing waste and worn power equipments in violation of the provisions of the State according to law, and the industrial and commercial administration department shall investigate into and deal with the acts of purchasing waste and worn power equipments without a license according to law.   Chapter IVProtection of Electric Energy   Article 20 The people’s government at or above the county level and the other relevant departments under it shall encourage and support the technological innovation for electric power conservation and electric energy protection.   For enterprises or equipments which have been listed into the limitation group or development-prohibited group by the State for high energy consumption or heavy environmental pollution, the electric power administration department shall apply differential electricity rates, limit their power consumption or terminate power supply to them according to the relevant provisions of the State and the Provincial People’s Government.   Article 21 The power supply enterprise shall carry out power demand side management according to the provisions of the State, guiding the power consumers to use the electricity scientifically, rationally and economically.   The power supply enterprise shall supply the electric power to the power consumers with a quality as stipulated by the State for the electric energy, publicize in its business premises the information such as the procedures for getting the power supply service, the service regulations, and the items and standards for charging fees, and optimize the network, ways and procedures of power selling and electricity fee payment.   The power supply enterprise shall provide query services to the power consumers on power consumption quantity, electricity rates and fees and other relevant issues. In case the power consumer is not satisfied with the query result, the power supply enterprise shall deal with the matter and make a reply within 5 days since it receives the claim.   Article 22 Both the power enterprise and the power consumer shall abide by the regulations of the local people’s government at or above the county level and its electric power administration department on orderly consumption of the electric power to ensure the safe operation of the power network.   In the case of public emergencies such as natural disasters, the power enterprise and the power consumer shall submit to the arrangement on power consumption made by the local people’s government at or above the county level and its electric power administration department.   The power consumer shall strengthen the maintenance and management on the power-consuming equipment so as not to endanger the safety of public power consumption. The power supply enterprise shall strengthen guidance to the power consumer on safe power consumption.   Article 23 The electricity meters used by the power supply enterprise for settlement of electricity fees shall be inspected and verified to be qualified by the statutory measurement appraisal institution authorized by the quality and technical supervision department.   Where the power supply enterprise checks the electricity meters for fee collection, carries out inspection on power consumption, or carries out the regular inspection on the electricity meters and changes them in turn, it shall bear the expenses on its own and the consumers shall extend their cooperation.   The power consumer may not damage, refit or relocate without authorization the electric meter.   Once the power consumer discovers that an electric meter breaks down or is damaged or lost, he shall notify the power supply enterprise in time, and the power supply enterprise shall deal with the case immediately.   Article 24 It is forbidden for any unit or any one to use the electric power on the sly in any means. It is forbidden for any one to abet or assist others to steal the electric power and to teach others the technique and methods for stealing the electric power. It is forbidden to produce and sell power-stealing devices.   Article 25 Where the inspector of the power supply enterprise finds out any on-the-spot power stealing act, he shall stop it, make an on-the-spot record on the power consumption inspection, and keep the evidences such as the technical analysis and the test report made for verifying a complicated power stealing method.   Where the power supply enterprise finds out during the inspection that a consumer is using the electric power on the sly, and his administrative liabilities or criminal liabilities may need to be investigated into, it shall report to the electric power administration department or the public security organ.   Article 26 The quantity of the electric power stolen shall be counted according to the following rules:   (1) where anyone taps the power supply facilities of a power supply enterprise with power lines for diversion of the current without authorization, the quantity of the electric power stolen shall be calculated by multiplying the rated capacity (kilovolt-ampere is regarded equal to kilowatt) of the tap device by the actual time of using the power on the sly;   (2) where anyone steals the electric power in other means, the quantity of the electric power stolen shall be calculated by multiplying the capacity (kilovolt-ampere is regarded equal to kilowatt) correspondent to the current limits of the electric meter (if a current restrictor is installed, the current setting value of the restrictor is to be used) by the actual time of using the power on the sly.   Where the actual time of using the electric power on the sly can not be identified, 180 shall be used for counting the days of using the electric power on the sly, and 12 hours per day in case the electric power is used for production and operation purpose and 6 hours per day if the electric power is used for other purpose.   Article 27 Where the power stealing causes the damage of the power supply equipment such as the electric meters or causes power supply failure accident, the person who steals the electric power shall be responsible for making compensation for the loss.   In an occasion that the power stealing has infringed the property safety or personal safety of other person, where the victim demands according to law that the stealer stop the infringement and make compensation for the loss, the power supply enterprise shall perform its duties on rendering assistance.   Article 28 The power supply enterprise may cut off the power supply to the power consumer who will seriously affect the electric power safety under any one of the following situations:   (1) after receiving a notification from the power supply enterprise, the power consumer still refuses to make rectification when the harmonic current injected into the power network by the nonlinear impedance power equipment of the consumer connected to the power network exceeds the standards of the State or when such equipment makes the sine wave distortion rate at the public junction exceed the standards of the State;   (2) after receiving a notification from the power supply enterprise, the power consumer still refuses to make rectification when the shock loading, fluctuation loading and asymmetrical loading of the consumer affect the quality of the power supplied or obstruct or impede the safe operation of the power supply;   (3) after receiving a notification from the power supply enterprise, the power consumer still refuses to make rectification when he carries out illegal operation within the power facility protection zone;   (4) other situations under which the power safety is seriously affected and consequently, it is really necessary to cut off the power supply.   When the acts that seriously affect the power safety have stopped, the power supply enterprise shall resume the power supply within 2 working days.   Article 29 The following requirements shall be met when the power supply enterprise needs to cut off the power supply according to law to stop the power stealing acts:   (1) it shall notify the power consumer whose power supply is going to be cut off;   (2) it shall take necessary prevention measures to avoid any major equipment loss or personal injuries that may be caused by the cutoff of the power supply;   (3) it shall not affect the normal use of power by other consumers;   (4) it shall not affect the public interest or endanger public safety.   When an user stops stealing the power, eliminates the hazards, pays up the electricity fees due for the quantity of the electric power stolen and takes relevant responsibilities, the power supply enterprise shall resume the power supply to him in time in case he is a residential user and resume the power supply to him within 2 working days in case he is a non-residential user.   Article 30 The power supply enterprise shall urge the power consumers with overdue bills to pay their electricity fees in time.   Where a residential user still does not pay his overdue electricity fee after 30 days since the expiration day even if he is urged to do so, the power supply enterprise shall notify the user at least 7 days in advance before it cut off his power supply.   Where it is a non-residential user which does not pay its overdue electricity fee after 30 days since the expiration day even if it is urged to do so, the power supply enterprise shall serve it with a notification on power supply cutoff at least 3 days in advance and notify it again 1 hour before it actually cuts off the power supply to this user. Where it is a VIP user whose power supply is to be cut off, the power supply enterprise shall send a copy of the notification to the electric power administration department.   Where a user pays up the outstanding electricity fees and the liquidated damages, the power supply enterprise shall resume the power supply to him in time in case he is a residential user, and within 1 working day at the most in case he is a residential user in the remote area or in area with inconvenient transportation or a residential user dwelling on water; as for non-residential users, the power supply shall be resumed within 2 working days.   Article 31 Where a power consumer objects the decision of the power supply enterprise on the power supply cut-off, he may lodge a complaint to the electric power administration department, who shall investigate into the case immediately and make decision on whether or not to resume the power supply within 3 working days. Where the power consumer is not satisfied with the decision made by the electric power administration department, he may apply for administrative reconsideration or bring up an administrative lawsuit according to law.   Chapter VAwards and Punishment‍s   Article 32 Any unit or individual who commits any one of the following acts shall be given by the electric power administration department or other relevant departments an award of not less than RMB200 yuan but not more than RMB5,000 yuan according to the degree of its/his contribution; anyone who makes great contributions may be given an award of not less than RMB5,000 yuan and be commended, or be reported to the people’s government for commendation:‍   (1) making great achievement in researching, developing and applying advanced technology and management methods for electric power protection;   (2) being meritorious in reporting against or exposing the acts of damaging power facilities, stealing electric energy, or mob-robbing or stealing power facilities and equipment;   (3) stopping the acts of damaging power facilities, stealing electric energy, or mob-robbing or stealing power facilities and equipment, and preventing the occurrence of accidences effectively;   (4) making contributions in preventing or alleviating the damage on the power facilities caused by natural disasters;   (5) making other contributions in electric power protection.   Article 33 Anyone who, in violation of the provisions in Article 11 of these Regulations, endangers the power facilities shall be ordered by the electric power administration department to make correction; those who refuse to make the correction shall be punished according to the following provisions:   (1) the person who stacks things that may endanger the power facilities such as grain, fodder, lumber, and straw, or burns articles within the scope of the land used for power plants and power substations, angles within the protection zone of the overhead power lines, goes fishing, swimming, or boating or carries out other activities that may endanger the safety of the hydraulic structures within 100 meters around the hydraulic structures of a thermal power plant, or climbs up the power pole or power tower in violation of the regulations shall be fined not less than RMB100 yuan but not more than RMB500 yuan;   (2) the person who increases the height of the buildings and structures over which the overhead power lines cross, or stacks anything under the overhead power lines at the cost of the safety distance, or hangs without authorization on the power poles and towers various out-hanging devices such as cables and advertisement boards shall be fined not less than RMB1,000 yuan but not more than RMB5,000 yuan;   (3) the person who stacks combustibles and explosives within the scope of land used for power plants and power substations, damages facilities which are relevant to the production of the electric power such as water supply, water drainage, power supply, gas supply facilities and conduits by blocking or dismantling them, or deploys various cables in the conduits for power cables without authorization shall be fined not less than RMB2,000 yuan but not more than RMB10,000 yuan;   Article 34 Anyone who, in violation of the provisions in Article 12 of these Regulation, carries out operation within the power line protection zone without approval or without taking safety measures and thus endangers the safety of power facilities shall be ordered by the electric power administration departments to stop the operation, restore the original state and compensate for the losses.‍   Article 35 Anyone who, in violation of the provisions in the second paragraph of Article 19 of these Regulations, commits one of the following acts, shall be fined not less than RMB2,000 yuan but not more than RMB5,000 yuan by the public security organ:   (1) failing to register the waste and worn power equipment he purchases or failing to make the registration a complete one;   (2) failing to make the report when the stolen goods or suspected stolen goods wanted by the public security organ are found,   Article 36 Anyone who steals the electric energy in violation of the provisions in Article 24 of these Regulations shall be ordered by the electric power administration department to stop the illegal acts and be fined not less than 2 times the amount of the electric fees for the identified electric quantity stolen but not more than 5 times the amount; where a crime is constituted, the criminal liabilities shall be investigated.   Anyone who abets or supports others to steal the electric power or teaches others the technique and methods for stealing the electric power shall be punished according to provisions in the preceding paragraph.   Article 37 Anyone who, in violation of the provisions in Article 24 of these Regulations, produces devices for stealing the electric power shall be ordered by the quality and technical supervision department to stop the illegal acts, his production tools, power stealing devices and illegal gains shall be confiscated, and he shall be concurrently fined not less than 2 times the amount of the value of the power-stealing devices he produces but not more than 5 times the amount.   Anyone who sells the power-stealing devices shall ordered by the industrial and commercial administration department to stop the illegal acts, his power-stealing devices and illegal gains shall be confiscated, and he shall be concurrently fined not less than the amount of the value of the power-stealing devices he has sold but not more than 3 time the amount.   Article 38 Where the electric power enterprise commits one of the following acts and causes damage to the power consumers, it shall make compensation according to law, and the person directly in charge and the other person directly responsible shall be given sanctions according to law:   (1) cutting off the power supply in violation of the provisions in laws, rules and these Regulations;   (2) failing to resume power supply according to law when the circumstances for the power shut-off have been eliminated;   (3) becoming the reason for the measurement deviation generated which exceeds the relevant specifications of the State.   Article 39 The staff member of the electric power enterprise who, in violation of the rules and regulations, causes power supply accidents, or who abuses his power and takes advantage of his position for illegal gains shall be given sanctions according to law; where a crime is constituted, the criminal liabilities shall be investigated.     Article 40 The administrative penalties to be executed by the electric power administration department as provided in these Regulations may be entrusted by it according to law to the institutional organization in charge of pubic affair administration for implementation.   Chapter VI  Supplementary Provisions   Article 41 The meanings of the following terms used in these Regulations:   “Power facilities” refers to the power generating equipment, power transforming equipment, power transmission lines, electric communication facilities and other relevant ancillary facilities built or under construction.   “Power demand side management” refers to the power consumption managerial activities carried out through increasing the power consumption efficiency at the end users and optimizing the power consumption ways to decrease the electric quantity consumed and the demand for the electric power while fulfilling the same function of electricity use, and consequently to achieve the goal of energy conservation, environmental protection and rendering power supply service at low cost.   “Power stealing” refers to the power consumption act carried out for the purpose of using the electric energy illegally and through the following means of omitting or less-counting the electric quantity used and the electric fees:   (1) tapping the power supply facilities of an power supply enterprise or the power consumption facilities of other users without authorization   (2) bypassing the statutory electric meter;   ((3) forging a seal or removing the seal put on the electric meter by the statutory or authorized measurement inspection organ;   (4) damaging the statutory electric meter on purpose or causing the malfunction or non-function of the statutory electric meter on purpose;   (5) using specially-made power stealing devices;   (6) using the forged or illegally topped-up electricity card;   (7) using other methods.   Article 42 These Regulations shall enter into effect as of May 1, 2008. ‍