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NEA Releases New Rules on the Distributed Solar Generation

2024-11-05

China's NEA Releases New Rules (Draft) on Management of the Distributed Solar Generation


In the tide of China's energy transition, distributed photovoltaic(PV) power generation is assuming an increasingly crucial role. As technological progress and market development continue, the existing "Interim Measures for the Management of Distributed Photovoltaic Power Generation Projects" (hereinafter referred to as "Project Management Measures")can no longer fully meet current demands. Consequently, the National Energy Administration has recently unveiled the "Management Measures for the Development and Construction of Distributed Photovoltaic Power Generation (Draft for Comments)" (hereinafter referred to as "Construction Management Measures"), aiming to bring more explicit and efficient management to this industry. This article will compare the new and old policies and discuss the impact and significance of the "Construction Management Measures" on the distributed photovoltaic power generation industry.


I.Policy Background and Evolution


The "Project Management Measures" served as an early guiding document for distributed photovoltaic power generation, providing a fundamental management framework for projects. It emphasized the definition of distributed photovoltaic power generation, principles encouraging investment, construction, and operation, as well as basic requirements for grid connection. We understand that the "Construction Management Measures" aim to offer more specific and detailed management measures. It not only inherits the core principles of the "Project Management Measures" but also adds new requirements and directions for industry development.


II. Main Changes and Highlights


1.Definition and Classification of Distributed Photovoltaic Power Generation

The "Construction Management Measures" further refine the      classification based on the definition of distributed photovoltaic power generation      in the "Project Management Measures", clearly defining four      types: natural person household use, non-natural person household use,      general commercial and industrial, and large-scale commercial and      industrial, making management more precise.


2.Electricity Pricing
The "Project Management Measures" did not elaborate on specific electricity pricing policies but mentioned the operational model of distributed photovoltaic power generation implementing "self-generation for self-use, surplus electricity to the grid, local consumption, and grid regulation". The "Construction Management Measures" provide clearer guidance on policies affecting project revenues, emphasizing the importance of market-oriented transactions and making specific provisions for self-generated electricity for self-use, government funds and surcharges, green certificate trading, etc., including but not limited to:


  • Market-oriented trading of grid-connected electricity: The "Construction Management Measures" clearly stipulate that the grid-connected electricity from full-net and self-use surplus electricity generation models should participate fairly in market-oriented transactions as required.


  • Self-generated electricity for self-use: For self-generation and self-use, the electricity user and the power generation project should be within the same land property rights red line range, or the electricity user and the power generation project investor should be the same legal entity.


  • Government funds and surcharges: Distributed photovoltaic power generation is exempt from government funds and surcharges such as renewable energy electricity price surcharges levied on the amount of electricity for self-generated electricity used.


  • Green certificate trading: Distributed photovoltaic power generation projects that have been registered and filed according to the regulations are issued green certificates based on the total electricity generation. Among them, the grid-connected electricity is issued tradable green certificates. Project investors can participate in green certificate trading according to the relevant management regulations after holding green certificates.


  • Responsibilities       and obligations for dedicated power supply: For distributed photovoltaic       power generation projects that carry out dedicated power supply with       users, both the power generation and electricity usage parties should       bear government funds and surcharges, system standby fees, policy       cross-subsidies, etc., according to relevant regulations and fairly bear       the corresponding responsibilities and obligations.


3.Project Filing Management

The "Project Management Measures" had already stipulated project      filing work, but it was relatively brief. The "Construction      Management Measures" provide more detailed regulations on the filing      management process for distributed photovoltaic projects, including the      filing entity, filing information, consolidated filing, and changes to      filing, etc., enhancing the transparency and operability of filing      management.


4.Grid Connection Services
The "Project Management Measures" emphasized that power grid companies should provide system support to ensure the safe use of electricity for power users. The "Construction Management Measures" further require power grid companies to develop differentiated grid connection work systems and provide "one-stop" services to improve the level of connection services.


In addition, compared with the "Project Management Measures", the "Construction Management Measures" have added a chapter on operational management, including safety production, scheduling operation, special scenarios, operation and maintenance management, distributed photovoltaic participation in the electricity market, information management, consumption monitoring, and transformation and upgrading.


III. Conclusion


The release of the "Management Measures for the Development and Construction of Distributed Photovoltaic Power Generation" signifies a more standardized and systematic management of China's distributed photovoltaic power generation sector. The implementation of this policy will help promote the healthy development of the distributed photovoltaic power generation industry, optimize and upgrade the energy structure, and contribute to achieving the "dual carbon" goals. At the same time, industry participants should also closely monitor the implementation of the policy, actively adapt to policy changes, and make full use of policy dividends to facilitate the smooth progress of their projects.



律师简介

李正宁  律师  合伙人  北京

业务领域:

知识产权 | 能源与自然资源 | 数字科技与互联网

在近15年的执业生涯中,李正宁律师在能源、矿业、基础设施领域为政府机关、企事业单位等境内外客户的投融资、重组、并购和相关的争议处理提供法律服务。李律师对于中国产业投融资的法律和政策具有深刻的理解,并在基础设施和碳中和领域具有丰富的执业经验,曾受邀参加有关部门主持的多部立法研讨,是国家发改委PPP专家库第一届法律组专家。


电话:  +86 10 6502 8938

邮箱:[email protected] 

王子璇  律师  北京

业务领域:

知识产权 | 能源与自然资源 | 数字科技与互联网

王子璇律师取得了中国传媒大学法律硕士和Uppsala University欧洲知识产权法律硕士(LLM)学历,对知识产权、文化传媒、争议解决等有深入了解,现为娱乐传媒及影视公司、特许经营企业、高新科技公司等提供常年/专项法律服务,并代理多起复杂知识产权、公司诉讼案件。


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