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Notice of the State Electricity Regulatory Commission on Issuing the Interim Measures for Settlement of Electricity Charges between the Power Generating Enterprises and the Grid Enterprises
(No. 24 [2008] of the State Electricity Regulatory Commission)
All dispatched offices, and the relevant electric power enterprises:
For the purposes of regulating the settlement of electricity charges between the power generating enterprises and the grid enterprises and protecting the legitimate rights and interests of all market subjects, the State Electricity Regulatory Commission has organized and formulated the Interim Measures for Settlement of Electricity Charges between the Power Generating Enterprises and the Grid Enterprises according to the Regulation on Electric Power Supervision and the relevant provisions of laws and regulations. They are hereby printed and distributed to you for your implementation.
Before the promulgation of these Measures, if a power generating enterprise and a grid enterprise had concluded the Electricity Purchase Contract, the settlement of electricity charges shall be implemented according to the agreed terms of the original contract; but if the enterprises had concluded the contract but did not clearly stipulate the terms on settlement of electricity charges, the settlement of electricity charges thereof shall be governed by these Measures.
May 12, 2008
Interim Measures for Settlement of Electricity Charges between the Power Generating Enterprises and the Grid Enterprises
| | 国家电力监管委员会关于印发《发电企业与电网企业电费结算暂行办法》的通知
（电监价财[2008]24号）
各派出机构，有关电力企业：
为了规范发电企业和电网企业电费结算行为，维护各市场主体的合法权益，根据《电力监管条例》及有关法律法规的规定，电监会组织制定了《发电企业与电网企业电费结算暂行办法》，现印发你们，请依照执行。
本办法公布之前，发电企业与电网企业已签订《购售电合同》的，其电费结算按照原合同约定的条款执行；虽已签订合同但是没有明确约定电费结算条款的，其电费结算按照本办法执行。
二○○八年五月十二日
发电企业与电网企业电费结算暂行办法
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Chapter 1 General Provisions
| | 第一章 总则
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Article 1 These Measures are formulated according to the Regulation on Electric Power Supervision and the relevant provisions of laws and regulations to maintain the order of the electric power market, protect the legitimate rights and interests of electric power enterprises and regulate the settlement of electricity charges between the power generating enterprises and the grid enterprises.
| | 第一条 为了维护电力市场秩序，保护电力企业的合法权益，规范发电企业与电网企业之间电费结算行为，根据《电力监管条例》及相关法律法规，制定本办法。
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Article 2 The settlement of electricity charges between the power generating enterprises and the grid enterprises shall conform to the principle of abiding by laws, integrity, fairness and justice. Neither party shall use the settlement of electricity charges to disturb the social economic order, and damage the social and public interests.
| | 第二条 发电企业与电网企业之间进行电费结算应当遵循依法、诚信、公平、公正的原则。任何一方不得利用电费结算扰乱社会经济秩序，损害社会公共利益。
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Article 3 The relevant matters of settlement of electricity charges shall be stipulated in the Electricity Purchase Contract which is concluded by the power generating enterprise and the grid enterprise. The Electricity Purchase Contracts include the long-term, medium and short-term, temporary, and cross-provincial as well as cross-regional electricity purchase contracts.
| | 第三条 电费结算有关事项应当在发电企业与电网企业签订的《购售电合同》中予以约定。《购售电合同》包括长期、中短期、临时和跨省跨区购售电合同。
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Article 4 These Measures are applicable to the settlement of electricity charges between a power generating enterprise and a grid enterprise. The settlement of electricity charges between a grid enterprise and its affiliated electric power plant, the settlement of electricity charges of the foreign-invested holding electric power plants enjoying the government concession, and the settlement of electricity charges for direct supply of electricity between a power generating enterprise and a large user shall be governed by these Measures by analogy.
The settlement of electricity charges between a power generating enterprise, which participates in the bidding of regional electric power market, and a grid enterprise shall be governed by the provisions of market operation rules.
| | 第四条 本办法适用发电企业与电网企业之间的电费结算。电网企业与其内部所属电厂电费结算，享有政府特许权的外资控股电厂的电费结算，发电企业与大用户直供电的电费结算等参照本办法执行。
参与区域电力市场竞价的发电企业与电网企业电费结算，按照市场运行规则的规定执行。
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Article 5 The electricity regulatory bodies shall supervise the settlement of electricity charges between a power generating enterprise and a grid enterprise according to the Regulation on Electric Power Supervision and these Measures.
| | 第五条 电力监管机构依据《电力监管条例》和本办法对发电与电网企业之间电费结算行为进行监管。
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Chapter 2 Basis for Settlement of Electricity Charges
| | 第二章 电费结算依据
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Article 6 The power generating enterprises and the grid enterprises shall measure the on-grid electricity volume according to the relevant provisions of the State to ensure that the cost-calculating of electricity volume is true and accurate.
| | 第六条 发电企业、电网企业应当按照国家有关规定计量上网电量，确保计费电量真实、准确。
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Article 7 When settling the electricity charges, the power generating enterprise and the grid enterprise shall strictly implement the electricity price policies of the State. The on-grid price approved by the competent price department of the state is the legal basis for the settlement of electricity charges between the two parties, and in case the official approval for the electricity price is not acquired from the state, the electricity price shall be determined by the two parties through negotiations and be implemented according to the provisions of the state. The power generating enterprise and the grid enterprise shall not settle the electricity charges by changing the on-grid price on their own.
．．．．．． | | 第七条 发电企业、电网企业进行电费结算时应当严格执行国家电价政策，国家价格主管部门批复的上网电价为双方进行电费结算的法律依据，未获国家正式批复电价的，按照国家规定由双方协商确定并执行。发电企业、电网企业不得自行变更上网电价进行电费结算。
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