The National Energy Administration ("NEA") has recently issued the Amendment to Article 41 of the Administrative Measures for Permits for Installation (Repair and Testing) of Power Facilities (Order of the former State Electricity Regulatory Commission No.28) (Draft for Comment) (the "Draft for Comment") for public comment by September 11, 2019.
The Draft for Comment proposes major revisions in two aspects as below. First, the provisions stating "confiscating the illegal gains" and "also giving a fine of more than CNY30,000 but less than CNY200,000 if the unlawful business operations are carried out on a large scale and cause serious social harm; giving a fine of more than CNY50,000 but less than CNY500,000 and seizing instrument and equipment used for the unlicensed business if the unlawful business operations involve major safety risks and endanger the public security", set out in the original Article 41 of the measures, are revised to read: "where there are any provisions concerning penalties on the abovesaid irregularities in such regulations as the Measures for Investigation and Punishment of Business Operations Without Operating Permits or Business Licenses" and the Administrative Regulations on the Quality of Construction Projects, such provisions shall prevail". Second, according to the provisions of Article 12 of the Law of the People's Republic of China on Administrative Penalties, another form of punishment, namely "giving a warning", is added to the original Article 41 of the measures.