Recently, the National Development and Reform Commission ("NDRC") and the National Energy Administration ("NEA") have distributed the Implementing Opinions on Strengthening and Standardizing the Administration of the List of Dishonest Market Players Subject to Joint Disciplinary Actions in Power-related Areas (the "Opinions") which immediately take effect on a trial basis until December 31, 2020.
The Opinions note that according to the principle of "letting whichever authority identifying a market player as dishonest shoulder the responsibility", departments and entities that consider market players as dishonest and thus include them in the "blacklist" shall be responsible for publishing the "blacklist", dealing with credit restoration, handling disputes and removing the relevant market players from the "blacklist". Further, the Opinions clearly specify that market players in power-related areas include power generation enterprises, power sales enterprises, electricity consumers involved in transactions in the electricity market, power grid enterprises, enterprises engaging in the buildup, construction, supervision, survey, and design of power projects, enterprises providing power energy services, and enterprises supplying electrical equipment. In particular, where a market player conducting business in a power-related area falls under any of four given circumstances, such as that "where it breaks the credit commitment and refuses to make corrections", it shall be blacklisted. Also, the Opinions stress that the final decision to blacklist a market player shall follow certain procedures, such as "officially notifying the market player to be blacklisted of the reasons why it will be included in the blacklist and the legal basis thereof, and giving it an opportunity to submit defense materials within ten working days".