On October 20, the Shanghai Municipal People's Government issued the Notice on Issuing the Work Plan for Special Rectification of Improper Market Intervention in the Field of New Energy Development in Shanghai, which pointed out that the focus should be on rectifying improper market intervention in the field of new energy development that requires compulsory supporting industries and investment landing.
The original text is as follows:
All relevant units:
In order to implement the deployment of the Party Central Committee and the State Council on accelerating the construction of a unified national market, continuously optimize the business environment in the field of new energy development in our city, and promote the high-quality development of wind power and photovoltaic power in our city, According to the requirements of the Notice of the General Department of the National Energy Administration on Printing and Issuing the Work Plan for the Special Rectification of Improper Market Intervention in the Field of New Energy and Pumped Storage Development (GNZTXN [2023] No.106, hereinafter referred to as the Notice), the special rectification of improper market intervention in the field of new energy development in our city is carried out.
According to the requirements of the Notice, this special rectification work adheres to the problem-oriented and goal-oriented approach, focusing on the wind power and photovoltaic projects organized and implemented by our city since January 1, 2023. Focus on checking whether there is improper market intervention in the process of signing the development intention agreement, compiling the market-oriented allocation plan of project investment, organizing and implementing the market-oriented allocation project development process, and project development and construction.
1. Mandatory requirements for supporting industries. By issuing documents and other forms, local governments or relevant competent departments require mandatory supporting industries for new energy power generation projects, especially new energy industry chains such as wind turbines, towers, polysilicon, silicon wafers, batteries and battery components. Including: explicitly or in a disguised form requiring that the project must have supporting industries or introduce industries in the relevant documents; although there is no explicit provision, verbally forcing the requirement of supporting industries, or giving obstruction or obvious discrimination policies to projects and investors that have not promised supporting industries.
2. Mandatory investment landing. Local governments or relevant competent departments require investment in new energy power generation to land by issuing documents and other forms. Including: requiring enterprises to pay high security deposit, investment cooperation deposit, project development and construction performance bond, introduction of foreign capital, etc.; obtaining or restricting the additional income of the project, such as the carbon emission rights generated by the project and the income from carbon emissions, etc.
This special rectification will focus on investigating problems, correcting deviations and making up for shortcomings, and will be carried out from the date of issuance of this plan to November 30, 2023. Each district shall organize and carry out the renovation work according to the requirements of this plan and the specific local conditions.
1. Conduct self-examination and self-correction. In accordance with the requirements of this plan, the district-level energy authorities shall carry out self-examination and self-correction in an all-round way, and submit the relevant information to the Municipal Development and Reform Commission in writing before November 30, 2023. The Municipal Development and Reform Commission has set up a column through the departmental portal website (from the date of publication to November 15, 2023) to collect clues for verification.
2. Implement the rectification requirements. If improper market intervention such as compulsory industrial matching and investment landing is found, rectification shall be carried out in accordance with the principle of "who proposes and who is responsible". Firstly, the policy documents that have been issued and found problems shall be revised and abolished in accordance with the requirements of documents such as the Notice of the General Administration of Market Supervision and Other Departments on the Clearance of Policies and Measures that Impede the Unification of the Market and Fair Competition (No.2023, issued by the State and Municipal Supervision and Competition Association). Second, for projects that have signed development intention agreements but have not actually been implemented, improper market intervention should be stopped in time and relevant agreements should be amended. Thirdly, for projects that have signed development intention agreements and are being implemented, they should consult with development enterprises and properly handle them in accordance with the law and regulations in accordance with the principle of "protecting the interests of enterprises and eliminating waste of investment". Fourthly, if Party members and cadres are found to have clues to violations of Party discipline and state law, they should be transferred to discipline inspection and supervision organs and public security organs in a timely manner, and actively cooperate with relevant departments in their work.
3. Improve the long-term mechanism. On the basis of carrying out special rectification work, we should improve the working mechanism, strengthen daily supervision, prevent the rebound of improper market intervention, and strive to form a number of fundamental and long-term institutional mechanisms.
Contact: Zhang Cheng Contact: 23119484/63584462 (Fax)
Shanghai Development and Reform Commission
October 18
, 2023
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