China (shanghai region) annex 2



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CHINA - ANNEX 2Agenda Item 10.3 - Micro Eco Reform - Att A - Ann 2

CHINA - (SHANGHAI REGION) - ANNEX 2

CHINA - (SHANGHAI REGION) - ANNEX 2


Chapter … Shanghai region of China

Framework Economy Report – China

Executive Summary

Table of Contents

Table of contents

Chapter Page


CHINA - (SHANGHAI REGION) - ANNEX 2 1

1.Introduction 4

Introduction 5

Overview 5

2. 5

1 Background 5

2.1 Recent developments in the Chinese electricity sector 5



  1. Introduction

This Annex sets out our findings in relation to the current status of implementation of the IPP Principles in the Shanghai region of China. Where appropriate and possible, we have indicated the nature of the difficulties facing improved implementation in the future.


This report is based on research carried out in the period January-May 2000, including interviews in April 2000.
There is a range of issues making the situation in the Shanghai region particularly complex. These include:


  • The application of both national and municipal law to the development of IPPs in the Shanghai region has meant that most issues require an investigation of the law, policy and practice at both the central and municipal levels.

  • Most foreign IPPs and all BOT-type IPPs are not located in Shanghai. Some information about these IPPs were incorporated in the IPP Report, as they are the examples which best illustrated many of the IPP Principles.

  • Those IPP Principles relating to matters such as securities, insurance, taxation and foreign exchange are the subject of extremely complex and detailed national regulatory regimes which relate to all industries in China, not just the power sector.

  • Some of the IPP Principles deal with regulations or subject matter which have not been widely used in China or in the Shanghai power sector, such as those questions relating to the tender and bid process. Although the subject of regulation, those regulations are very recent and there is a paucity of experience in how the regulatory model might work.

  • Many of the IPP Principles touch upon policies that are either in the experimental stage or are still the subject of ongoing discussion. It is very difficult to obtain verifiable, reliable and comprehensive information about policies and laws that are still in the process of being debated and finalised.

  • Many of the difficulties and problems referred to in implementing the IPP Principles are not a function so much of the regulatory regime in the power sector as of the overall regulatory regime, structure and operation of administration in China as a whole. These are complex issues that in many instances go beyond the scope of a study such as this.



Introduction

Overview

2.

1 Background




2.1 Recent developments in the Chinese electricity sector

Background



CHINA - (SHANGHAI REGION) - ANNEX 2 1

1.Introduction 4

Introduction 5

Overview 5

2. 5

1 Background 5

2.1 Recent developments in the Chinese electricity sector 5


Some of impediments to domestic IPPs tapping the domestic and foreign capital markets the stringent and complex requirements for establishment of a company limited by shares and having it listed.More information requiredAlthough there are limitations in the scope and diversity of domestic capital markets, China appears to be taking significant steps to encourage the development of those markets. Difficulties facing the successful development of local capital for IPP projects include:

  • approvals processes for foreign entities seeking to borrow RMB;

  • development of more varied instruments.



Appendix A
SUMMARY OF MAJOR POWER PROJECTS (1997-1999)
(completed and under negotiation)


  1. Shandong Zhonghua Power Co, Shandong (SZPC)

Financial close: 30 April 1998

Structure: joint venture

Sponsors: Shandong Electric Power Group Corporation (36.6%), SITIC (14.4%), CLP Holdings China Energy Investment Company (29.45%) and Electricite de France (19.6%).

Project costs: US$2.2bn

Capacity: 3,000MW

Finance: US$1.484bn (55% in RMB).

Insurance: UK ECA provided 100% political and commercial risk cover.

Details: China's largest limited-recourse financing, first time UK ECA undertook project risks in China; first time Chinese lenders shared common inter-creditor arrangements and security with international lenders.



  1. Fujian Pacific Electric Co, Meizhou Wan, Fujian (Meizhou Wan)

Financial close: 11 May 1998

Structure: wholly foreign-owned enterprise

Sponsors: InterGen (70%), Lippo China Resources (25%) and Asian Development Bank (5%)

Project costs: US$755m

Finance: US$526.39m

Insurance: COFACE provided political and commercial risk cover; Cesce provided extended political risk insurance.

Offtaker: Fujian Electric Power Bureau

Fuel supplier: PT Kaltim Prima Coal (existing JV between BHP and RTZ)

Operator: InterGen

Details: First time the Asian Development Bank undertook project risks in China, underlining its confidence in the project. Second wholly foreign-owned large-scale power project in China, after Laibin B.



  1. Zhejiang Wenzhou Telluride Power Generating Co Project, Wenzhou, Zhejiang (Wenzhou)

Financial close: December 1998

Structure: joint venture

Type: coal-fired

Sponsors: Telluride International Energy (Oxbow Power Corporation (50%) and Sithe Energies (50%) (40%), Zhejiang Provincial Power Development Co (30%) and Wenzhou Power Investment Co (30%)

Project costs: US$415m

Capacity: 600MW

Finance: US$310m (60% in RMB)

PPA term: 20 years

Offtaker: Zhejiang Province Power Company

Operator: Zhejiang Power Generation Operations and Maintenance Co (with first 6 years of management being under Telluride's supervision)



  1. Changsha Power Project, Changsha, Hunan (Changsha)

Financial close: 8 December 1999

Structure: BOT, wholly foreign-owned enterprise

Type: coal-fired

Sponsors: National Power

Project costs: US$750m

Capacity: 2x350MW

Finance: US$663m (with Chinese banks perhaps providing another US$100m)

PPA term: 20 years

Offtaker: Hunan Power Co

Fuel supplier: Hunan Coal Co



  1. Puqi Power Project, Hebei (Puqi)

Financial close: 1999

Structure: wholly foreign owned enterprise

Type: coal-fired, co-generation

Sponsors: Sithe Energies (75%) and Marubeni (25%)

Project costs: US$464m

Capacity: 2x300MW

Finance: US$345m (with domestic finance equivalent of US$145m – US$200m denominated in RMB).

PPA term: 20 years

Offtaker: Hubei Power Co


  1. Shaanxi nhua Energy Company Limited, Shaanxi (Enhua)

Financial close: end of 1999

Structure: joint venture

Type: coal-fired

Sponsors: Johnston Southern Development Co (Consolidated Electric Power Asia, Southern Energy and Johnson Development Co) (49%) and Shaanxi Enhua Energy Company Ltd (Xishan Coal Electricity (Group) Co and Shaanxi Provincial Power Co) (51%).

Project costs: US$500m

Capacity: 2x300MW



  1. Laibin A Power Project (Laibin A)

Structure: TOT, wholly foreign owned enterprise

Type: coal-fired

Capacity: 2x125MW

Project costs: US$120m

Details: First time a central government has given approval for the transfer of property rights of a large or medium-sized power plant to foreign investors.


  1. Zhigangkala Hydropower Station, Qinghai (Zhigangkala)

Structure: wholly foreign-owned enterprise

Type: hydropower

Sponsors: AES Orient and True Busy

Project costs: RMB1.4bn

Capacity: 192MW

Finance: 70% RMB

PPA term: 30 years

Offtaker: Qinghai Power Authority



  1. Haibei Panda Thermal Power Co, Qinghai (Haibei)

Structure: joint venture

Type: coal-fired

Sponsor: Panda Energy International Co (90%) and Haibei Zhangzu Autonomous State of Qinghai (10%)

Capacity: 250MW

Project costs: US$250m


  1. Changshu power project, Jiangsu (Changshu)

Structure: wholly foreign-owned enterprise

Type: coal-fired

Sponsors: ABB Energy Ventures and International Energy Group

Project costs: US$1.2bn

Capacity: 1,200MW

Finance: US$900m



  1. Anhui Hefei United Power Generation Co, Hefei, Anhui (Hefei)

Structure: joint venture

Type: coal-fired

Sponsors: United Engineers Ltd, East China Electric Power Group, Anhui Energy Investment Co, Hefei Construction and Investment Corporation and Anhui Electric Power Co

Project cost: US$600m

Capacity: 2x350MW


  1. Taishan Power Project, Taishan, Guangdong (Taishan)

Structure: wholly foreign-owned enterprise

Type: coal-fired

Sponsors: Marubeni Corp and Entergy Corp

Project costs: US$1.3bn

Capacity: 1,320MW

Finance: US$900m



  1. Qingdao No. 2 Thermal Power Plant, Qingdao, Shandong (Qingdao)

Type: thermal

Sponsors: Pacific Power Co and Qingdao Textile Corp

Project cost: US$30m


  1. Baotou Iron and Steel Power Plant, Baotou, Inner Mongolia (Baotou)

Structure: sale

Type: coal-fired

Vendors: Baotou Iron and Steel (Group) Co (25%)

Purchasers: HEI Power Corporation (60%) and United Power Pacific Co (15%)

Capacity: 224MW

Offtaker: Baotou Iron and Steel (Group) Co



  1. Huanghuazhai Power Plant, Changshun County, Guizhou (Changshun)

Type: hydropower

Sponsors: SB&A Co and Zhongteng Industrial Co Ltd

Project costs: US$60m

Capacity: 45MW



  1. Wenhe Ji'an Power Plant, Ji'an, Jianxi (Wenhe)

Sponsors: China Huaneng Group Co

Capacity: 1,200MW



  1. Heat and Power Plant, Shexian County, Hebei (Shexian)

Structure joint venture

Type: heat and power

Sponsors: IDM Energy Corporation, China Direct Inc and Hebei Provincial authorities

Project costs: US$120m

Capacity: 100MW

PPA term: 20 years

Offtaker: Power Administrative Bureau of Shexian County and an unidentified China-based multi-billion dollar manufacturer


  1. Hu Xian Power Project, Hu Xian County, Shaanxi (Hua Xian)

Structure joint venture

Type: coal-fired

Sponsors: Eurica Infrastructure Consortium, Northwest China Power Group, China State Power Corporation and Hu Xian County.

Project costs: US$2.75bn

Capacity: 3000MW

Finance: US$1.75bn



  1. Jingyuan Phase 1 (Jingyuan)

Structure: wholly foreign-owned enterprise

Type: coal-fired

Sponsor: China US Partners I Limited

Capacity: 2x300MW



  1. Longtan Hydropower Plant, Hongshui River (Longtan)

Structure: domestic joint venture

Type: hydropower

Sponsors: China National Power Corporation, Guangxi Development Investment Co, Guangxi Power Co and Guizhou Capital Construction Investment Co.

Project costs: US$168m

Capacity: 5,400MW

Details: second largest hydropower plant after Three Gorges Project.



  1. Huaneng Thermal Power Plant (Huaneng)

Structure: domestic joint venture

Sponsor: domestic company

Capacity: 600MW

Finance: US$185m (RMB1.528bn)

Offtaker: Sino-Singapore Suzhou Industrial Park

Appendix B
Some Chinese Laws and Regulations on Power and Price
Regulations on Supply and Using of the Electric Power (promulgated on 17 April 1996 by the State Council) State Council Orders No. 196

The Regulations apply to the Power Providers, Power Users and other units or individuals within the boundaries of China. The Regulations make stipulations concerning "power providing areas", "power supplying facilities", "power supply", "use of power", "power purchase agreement", "supervision and management".


Electricity Law of the People's Republic of China (promulgated on 28 December 1995)

This law is applicable to activities relating to the construction, production, supply and utilisation of electric power within the boundaries of China. It comprises ten Chapters as follows: "General Provisions", "Construction of Electric Power", "Electric Power Production and Power Network Management", "Supply and Utilisation of Electric Power", "Electricity Price and Electricity Fee", "Rural Electric Power Construction and Agricultural Utilisation of Electricity", "Protection of Power Facilities", "Supervision and Inspection", "Legal Responsibility" and "Supplementary Provisions".



Circular on Establishment of the State Power Corporation (promulgated on 7 December 1996 by the State Council) Guo Fa (1996) No. 48

The Circular stipulates the nature, duties, business scope, assets, organisational structure, internal and external relationships of the State Power Corporation. The Articles of Association of the State Power Corporation are set out in the schedule.


Circular on Several Issues concerning the Implementing of the Electricity Law (promulgated on 2 April 1996 by General Office of the State Council) Guo Ban Fa (1996) No. 11

This Circular explains the Article 6 of the Electricity Law with relation to the administrative departments of the electricity power industry.


Circular on Transmitting the Opinions of the State Economic and Trade Commission on Relevant Issues concerning the Further Reforms in the Power Industry System (promulgated on 24 December 1998 by General Office of the State Council) Guo Ban Fa (1998) No. 146

This Circular provides some official opinions on several aspects of the power industry reforms: separation of power plants from grids, further reforms in provincial-level power corporations, unification of the power grids, acceleration of rural power reforms, standardising profit collection from subsidiary companies of the SPC, etc.


Administrative Measures on Standardisation of the Power Industry (promulgated on 16 June 1999 by the State Economic and Trade Commission)

The Measures specify the departments responsible for the administration of standardisation and their duties, planning and procedures for formulation of standards, the implementing and supervision of standards, etc.


Several Provisions on Issues concerning the Profits of the Power Construction Projects Going into Operation ahead of the Schedule (promulgated on 4 July 1990 jointly by the Ministry of Energy, the Ministry of Finance and the People's Bank of China)

These Provisions clarify several relevant issues: eg. requirements for the power construction projects concerned, calculation and distribution of the profits, etc.


Circular on Carrying out the State Industrial Policies, Strengthening the Administration of the Power Construction Industry (promulgated on 26 October 1990 by the Ministry of Energy)

This Circular is issued to implement within the electric power industry the Circular on Carrying out the State Industrial Policies, Strengthening the Administration on Establishment and Transform of Several Products' Production Capacities (Guo Fa (1990) No. 45) which was promulgated by the State Council on 29 July 1990.


Trial Measures on Examination of the Power Industry Economic Contracts (promulgated in 1995 by the Ministry of Electric Power Industry)

The Measures regulate power industry economic contracts under the following chapter headings: "Basic Contents of the Examination of the Economic Contracts", "Essentials of the Examination of the Economic Contracts", "Basic Process for the Examination of the Economic Contracts", "Measures for the Examination of the Economic Contracts" and "Duties and Liabilities".


Circular on Printing and Distributing the Measures of the Ministry of Electric Power Industry on Internal Examination of Foreign-invested Projects (promulgated on 29 April 1996 by the Ministry of Electric Power Industry)

This Circular regulates the responsible departments, approval procedures, examination contents and scope when examining and approving foreign-invested power projects.


Administrative Measures on Environmental Protection of the Electric Power Industry (promulgated on 2 December 1996 by the Ministry of Electric Power Industry)

These Measures regulate the departments responsible for environmental protection and the environmental protection management during the course of project construction and production.


Provisional Regulations on Submission and Approval Procedures for Foreign-invested Electric Power Projects (promulgated on 9 December 1996 by the Ministry of Power Industry)

The Regulations provide relevant documentation and procedures required when foreign-invested electric power projects are submitted to responsible departments for approval.


Directive Opinions on Strengthening the Economic Appraisal of the Foreign-invested Electric Power Projects (promulgated on 22 September 1996 by the Ministry of Electric Power Industry)

These Opinions regulate the economic appraisal of the foreign-invested electric power projects in order to ensure the standardisation and fairness of the appraisal.


Implementing Rules for the Economic Appraisal of the Foreign-invested Coal-fired Electric Power Projects (promulgated on 22 September 1996 by the Ministry of Electric Power Industry)

The Rules regulate the economic appraisal of the foreign-invested coal-fired electric power projects.


Circular on Relevant Issues concerning Levying the Water Resource Fee and the Reservoir Development Fee from Hydroelectric Power Stations (promulgated on 2 July 1993 by the Ministry of Electric Power Industry)

Collection of the Water Resource Fee, Reservoir Development Fee are some other relevant fees are not permitted in accordance with this Circular.


Provisional Regulations on Experimental Joint Stock Companies of the Electric Power Industry (promulgated on 22 September 1993 by the Ministry of Electric Power Industry)

These Regulations are formulated to strengthen the administration on experimental joint stock companies of the electric power industry. They stipulate the purpose, principles, scope, forms and application procedures concerning the establishment of joint stock power companies in China.


Several Provisions on Foreign-invested Electric Power Projects (promulgated on 20 March 1997 by the Ministry of Electric Power Industry)

The Provisions set out relevant legal requirements and procedures for establishment of foreign-invested electric power projects.


Provisional Measures on International Tender Invitation for Purchasing Equipment for Foreign-invested Electric Power Projects (promulgated on 15 February 1997 by the Ministry of Electric Power Industry)

The Measures provide the forms, organisation, procedures and other requirements for invitations to tender in the area.


Provisional Measures on Standardising the Administration of the Power Purchase Agreement (promulgated on 29 September 1996 by the Ministry of Electric Power Industry)

The Measures regulate PPAs and deal with the content, form, term, termination, damages for breach and other relevant issues concerning the PPAs.


Provisional Procedures for Reorganisation of Power Enterprises into Companies Limited by Stock and Administration of Listed Companies (they will be promulgated by the State Power Corporation)

These Procedures specify the principles concerning reorganisation of enterprises and listing of companies, and put forward 4 opinions guiding the acquisition of listed companies.


Pricing Law of the People's Republic of China (promulgated on 29 December 1997 and become effective as from 1 May 1998)
State Development and Planning Commission, Circular on Relevant Issues concerning the Implementing of the Pricing Law (promulgated on 10 April 1998 by the SDPC)

This Circular is issued to link up the Pricing Law and the Regulations of the PRC on Price Supervision and Examination (currently being formulated).


Appendix A

SUMMARY OF MAJOR POWER PROJECTS (1997-1999)
(completed and under negotiation)


  1. Shandong Zhonghua Power Co, Shandong (SZPC)

Financial close: 30 April 1998

Structure: joint venture

Sponsors: Shandong Electric Power Group Corporation (36.6%), SITIC (14.4%), CLP Holdings China Energy Investment Company (29.45%) and Electricite de France (19.6%).

Project costs: US$2.2bn

Capacity: 3,000MW

Finance: US$1.484bn (55% in RMB).

Insurance: UK ECA provided 100% political and commercial risk cover.

Details: China's largest limited-recourse financing, first time UK ECA undertook project risks in China; first time Chinese lenders shared common inter-creditor arrangements and security with international lenders.



  1. Fujian Pacific Electric Co, Meizhou Wan, Fujian (Meizhou Wan)

Financial close: 11 May 1998

Structure: wholly foreign-owned enterprise

Sponsors: InterGen (70%), Lippo China Resources (25%) and Asian Development Bank (5%)

Project costs: US$755m

Finance: US$526.39m

Insurance: COFACE provided political and commercial risk cover; Cesce provided extended political risk insurance.

Offtaker: Fujian Electric Power Bureau

Fuel supplier: PT Kaltim Prima Coal (existing JV between BHP and RTZ)

Operator: InterGen

Details: First time the Asian Development Bank undertook project risks in China, underlining its confidence in the project. Second wholly foreign-owned large-scale power project in China, after Laibin B.



  1. Zhejiang Wenzhou Telluride Power Generating Co Project, Wenzhou, Zhejiang (Wenzhou)

Financial close: December 1998

Structure: joint venture

Type: coal-fired

Sponsors: Telluride International Energy (Oxbow Power Corporation (50%) and Sithe Energies (50%) (40%) , Zhejiang Provincial Power Development Co (30%) and Wenzhou Power Investment Co (30%)

Project costs: US$415m

Capacity: 600MW

Finance: US$310m (60% in RMB)

PPA term: 20 years

Offtaker: Zhejiang Province Power Company

Operator: Zhejiang Power Generation Operations and Maintenance Co (with first 6 years of management being under Telluride's supervision)



  1. Changsha Power Project, Changsha, Hunan (Changsha)

Financial close: 8 December 1999

Structure: BOT, wholly foreign-owned enterprise

Type: coal-fired

Sponsors: National Power

Project costs: US$750m

Capacity: 2x350MW

Finance: US$663m (with Chinese banks perhaps providing another US$100m)

PPA term: 20 years

Offtaker: Hunan Power Co

Fuel supplier: Hunan Coal Co



  1. Puqi Power Project, Hebei (Puqi)

Financial close: 1999

Structure: wholly-foreign-owned enterprise

Type: coal-fired, co-generation

Sponsors: Sithe Energies (75%) and Marubeni (25%)

Project costs: US$464m

Capacity: 2x300MW

Finance: US$345m (with domestic finance equivalent of US$145m – US$200m denominated in RMB).

PPA term: 20 years

Offtaker: Hubei Power Co


  1. Shaanxi Enhua Energy Company Limited, Shaanxi (Enhua)

Financial close: end of 1999

Structure: joint venture

Type: coal-fired

Sponsors: Johnston Southern Development Co (Consolidated Electric Power Asia, Southern Energy and Johnson Development Co) (49%) and Shaanxi Enhua Energy Company Ltd (Xishan Coal Electricity (Group) Co and Shaanxi Provincial Power Co) (51%).

Project costs: US$500m

Capacity: 2x300MW



  1. Laibin A Power Project (Laibin A)

Structure: TOT, wholly-foreign owned enterprise

Type: coal-fired

Capacity: 2x125MW

Project costs: US$120m

Details: First time a central government has given approval for the transfer of property rights of a large or medium-sized power plant to foreign investors.


  1. Zhigangkala Hydropower Station, Qinghai (Zhigangkala)

Structure: wholly foreign-owned enterprise

Type: hydropower

Sponsors: AES Orient and True Busy

Project costs: RMB1.4bn

Capacity: 192MW

Finance: 70% RMB

PPA term: 30 years

Offtaker: Qinghai Power Authority



  1. Haibei Panda Thermal Power Co, Qinghai (Haibei)

Structure: joint venture

Type: coal-fired

Sponsor: Panda Energy International Co (90%) and Haibei Zhangzu Autonomous State of Qinghai (10%)

Capacity: 250MW

Project costs: US$250m


  1. Changshu power project, Jiangsu (Changshu)

Structure: wholly foreign-owned enterprise

Type: coal-fired

Sponsors: ABB Energy Ventures and International Energy Group

Project costs: US$1.2bn

Capacity: 1,200MW

Finance: US$900m



  1. Anhui Hefei United Power Generation Co, Hefei, Anhui (Hefei)

Structure: joint venture

Type: coal-fired

Sponsors: United Engineers Ltd, East China Electric Power Group, Anhui Energy Investment Co, Hefei Construction and Investment Corporation and Anhui Electric Power Co

Project cost: US$600m

Capacity: 2x350MW


  1. Taishan Power Project, Taishan, Guangdong (Taishan)

Structure: wholly foreign-owned enterprise

Type: coal-fired

Sponsors: Marubeni Corp and Entergy Corp

Project costs: US$1.3bn

Capacity: 1,320MW

Finance: US$900m



  1. Qingdao No. 2 Thermal Power Plant, Qingdao, Shandong (Qingdao)

Type: thermal

Sponsors: Pacific Power Co and Qingdao Textile Corp

Project cost: US$30m


  1. Baotou Iron and Steel Power Plant, Baotou, Inner Mongolia (Baotou)

Structure: sale

Type: coal-fired

Vendors: Baotou Iron and Steel (Group) Co (25%)

Purchasers: HEI Power Corporation (60%) and United Power Pacific Co (15%)

Capacity: 224MW

Offtaker: Baotou Iron and Steel (Group) Co



  1. Huanghuazhai Power Plant, Changshun County, Guizhou (Changshun)

Type: hydropower

Sponsors: SB&A Co and Zhongteng Industrial Co Ltd

Project costs: US$60m

Capacity: 45MW



  1. Wenhe Ji'an Power Plant, Ji'an, Jianxi (Wenhe)

Sponsors: China Huaneng Group Co

Capacity: 1,200MW



  1. Heat and Power Plant, Shexian County, Hebei (Shexian)

Structure joint venture

Type: heat and power

Sponsors: IDM Energy Corporation, China Direct Inc and Hebei Provincial authorities

Project costs: US$120m

Capacity: 100MW

PPA term: 20 years

Offtaker: Power Administrative Bureau of Shexian County and an unidentified China-based multi-billion dollar manufacturer


  1. Hu Xian Power Project, Hu Xian County, Shaanxi (Hua Xian)

Structure joint venture

Type: coal-fired

Sponsors: Eurica Infrastructure Consortium, Northwest China Power Group, China State Power Corporation and Hu Xian County.

Project costs: US$2.75bn

Capacity: 3000MW

Finance: US$1.75bn



  1. Jingyuan Phase 1 (Jingyuan)

Structure: wholly foreign-owned enterprise

Type: coal-fired

Sponsor: China US Partners I Limited

Capacity: 2x300MW



  1. Longtan Hydropower Plant, Hongshui River (Longtan)

Structure: domestic joint venture

Type: hydropower

Sponsors: China National Power Corporation, Guangxi Development Investment Co, Guangxi Power Co and Guizhou Capital Construction Investment Co.

Project costs: US$168m

Capacity: 5,400MW

Details: second largest hydropower plant after Three Gorges Project.



  1. Huaneng Thermal Power Plant (Huaneng)

Structure: domestic joint venture

Sponsor: domestic company

Capacity: 600MW

Finance: US$185m (RMB1.528bn)

Offtaker: Sino-Singapore Suzhou Industrial Park

Appendix B

electricity Some China Laws and Regulations on Power and Price
Regulations on Supply and Using of the Electric Power (promulgated on 17 April 1996 by the State Council ) State Council Orders No. 196

The Regulations apply to the Power Providers, Power Users and other units or individuals within the boundaries of China. The Regulations make stipulations concerning "power providing areas", "power supplying facilities", "power supply", "use of power", "power purchase agreement", "supervision and management".


Electricity Law of the People's Republic of China (promulgated on 28 December 1995)

This law is applicable to activities relating to the construction, production, supply and utilisation of electric power within the boundaries of China. It comprises ten Chapters as follows: "General Provisions", "Construction of Electric Power", "Electric Power Production and Power Network Management", "Supply and Utilization of Electric Power", "Electricity Price and Electricity Fee", "Rural Electric Power Construction and Agricultural Utilization of Electricity", "Protection of Power Facilities", "Supervision and Inspection", "Legal Responsibility" and "Supplementary Provisions".



Circular on Establishment of the State Power Corporation (promulgated on 7 December 1996 by the State Council) Guo Fa (1996) No. 48

The Circular stipulates the nature, duties, business scope, assets, organisational structure, internal and external relationships of the State Power Corporation. The Articles of Association of the State Power Corporation are set out in the schedule.


Circular on Several Issues concerning the Implementing of the Electricity Law (promulgated on 2 April 1996 by General Office of the State Council) Guo Ban Fa (1996) No. 11

This Circular explains the Article 6 of the Electricity Law with relation to the administrative departments of the electricity power industry.


Circular on Transmitting the Opinions of the State Economic and Trade Commission on Relevant Issues concerning the Further Reforms in the Power Industry System (promulgated on 24 December 1998 by General Office of the State Council) Guo Ban Fa (1998) No. 146

This Circular provides some official opinions on several aspects of the power industry reforms: separation of power plants from grids, further reforms in provincial-level power corporations, unification of the power grids, acceleration of rural power reforms, standardising profit collection from subsidiary companies of the SPC, etc.


Administrative Measures on Standardisation of the Power Industry (promulgated on 16 June 1999 by the State Economic and Trade Commission)

The Measures specify the departments responsible for the administration of standardisation and their duties, planning and procedures for formulation of standards, the implementing and supervision of standards, etc.


Several Provisions on Issues concerning the Profits of the Power Construction Projects Going into Operation ahead of the Schedule (promulgated on 4 July 1990 jointly by the Ministry of Energy, the Ministry of Finance and the People's Bank of China)

These Provisions clarify several relevant issues: eg. requirements for the power construction projects concerned, calculation and distribution of the profits, etc.


Circular on Carrying out the State Industrial Policies, Strengthening the Administration of the Power Construction Industry (promulgated on 26 October 1990 by the Ministry of Energy)

This Circular is issued to implement within the electric power industry the Circular on Carrying out the State Industrial Policies, Strengthening the Administration on Establishment and Transform of Several Products' Production Capacities (Guo Fa (1990) No. 45) which was promulgated by the State Council on 29 July 1990.


Trial Measures on Examination of the Power Industry Economic Contracts (promulgated in 1995 by the Ministry of Electric Power Industry)

The Measures regulate power industry economic contracts under the following chapter headings: "Basic Contents of the Examination of the Economic Contracts", "Essentials of the Examination of the Economic Contracts", "Basic Process for the Examination of the Economic Contracts", "Measures for the Examination of the Economic Contracts" and "Duties and Liabilities".


Circular on Printing and Distributing the Measures of the Ministry of Electric Power Industry on Internal Examination of Foreign-invested Projects (promulgated on 29 April 1996 by the Ministry of Electric Power Industry)

This Circular regulates the responsible departments, approval procedures, examination contents and scope when examining and approving foreign-invested power projects.


Administrative Measures on Environmental Protection of the Electric Power Industry (promulgated on 2 December 1996 by the Ministry of Electric Power Industry)

These Measures regulate the departments responsible for environmental protection and the environmental protection management during the course of project construction and production.


Provisional Regulations on Submission and Approval Procedures for Foreign-invested Electric Power Projects (promulgated on 9 December 1996 by the Ministry of Power Industry)

The Regulations provide relevant documentation and procedures required when foreign-invested electric power projects are submitted to responsible departments for approval.


Directive Opinions on Strengthening the Economic Appraisal of the Foreign-invested Electric Power Projects (promulgated on 22 September 1996 by the Ministry of Electric Power Industry)

These Opinions regulate the economic appraisal of the foreign-invested electric power projects in order to ensure the standardisation and fairness of the appraisal.


Implementing Rules for the Economic Appraisal of the Foreign-invested Coal-fired Electric Power Projects (promulgated on 22 September 1996 by the Ministry of Electric Power Industry)

The Rules regulate the economic appraisal of the foreign-invested coal-fired electric power projects.


Circular on Relevant Issues concerning Levying the Water Resource Fee and the Reservoir Development Fee from Hydroelectric Power Stations (promulgated on 2 July 1993 by the Ministry of Electric Power Industry)

Collection of the Water Resource Fee, Reservoir Development Fee are some other relevant fees are not permitted in accordance with this Circular.


Provisional Regulations on Experimental Joint Stock Companies of the Electric Power Industry (promulgated on 22 September 1993 by the Ministry of Electric Power Industry)

These Regulations are formulated to strengthen the administration on experimental joint stock companies of the electric power industry. They stipulate the purpose, principles, scope, forms and application procedures concerning the establishment of joint stock power companies in China.


Several Provisions on Foreign-invested Electric Power Projects (promulgated on 20 March 1997 by the Ministry of Electric Power Industry)

The Provisions set out relevant legal requirements and procedures for establishment of foreign-invested electric power projects.


Provisional Measures on International Tender Invitation for Purchasing Equipment for Foreign-invested Electric Power Projects (promulgated on 15 February 1997 by the Ministry of Electric Power Industry)

The Measures provide the forms, organisation, procedures and other requirements for invitations to tender in the area.


Provisional Measures on Standardising the Administration of the Power Purchase Agreement (promulgated on 29 September 1996 by the Ministry of Electric Power Industry)

The Measures regulate PPAs and deal with the content, form, term, termination, damages for breach and other relevant issues concerning the PPAs.


Provisional Procedures for Reorganisation of Power Enterprises into Companies Limited by Stock and Administration of Listed Companies (they will be promulgated by the State Power Corporation)

These Procedures specify the principles concerning reorganisation of enterprises and listing of companies, and put forward 4 opinions guiding the acquisition of listed companies.


Pricing Law of the People's Republic of China (promulgated on 29 December 1997 and become effective as from 1 May 1998)
State Development and Planning Commission, Circular on Relevant Issues concerning the Implementing of the Pricing Law (promulgated on 10 April 1998 by the SDPC)

This Circular is issued to link up the Pricing Law and the Regulations of the PRC on Price Supervision and Examination (currently being formulated).



EWG20/10.3-Att A-Ann 2EWG20/10.3-Att A-Ann 2




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