Research On Priority Generation Right Of Renewable Energy Power

As the core category of jurisprudence,the right is the most favorable safeguard and tool for the benefit.Therefore,in order to break the dilemma of "Discarding Wind and Abandoning Light" appearing in renewable energy electricity market,we need to seek the missing legal rights of renewable energy power generation enterprises.At present,the relevant laws and regulations and policy documents,although they have proposed the right to establish priority power generation,as a renewable energy power enterprises.However,the definition of the connotation,denotation and legal nature of the priority power generation is not clear,so that it only exists as a kind of policy right.However,the policy naturally has the characteristics of volatility,compatibility and openness.In the rule of law,the society ultimately needs to establish the basic rules and order through lawand solve the balance of interests.Therefore,it is necessary to raise it from a policy right to a legal right.Renewable priority power generation as a legal right,its legitimacy and rationality.First of all,based on the protection norm theory,priority power generation with priority grid integration as the core is not only based on public interest-ecological and environmental benefits and national energy structure upgrade considerations,but also for personal interests-renewable energy power generation The protection of economic interests of enterprises should be regarded as a legal interest;the priority of renewable energy power generation as a legal right to be protected,in essence,reflects the personal and public interests,economic and environmental interests of the balance;to create a A fair and free competitive power generation market environment is the embodiment of contractual justice and fairness.Second,from a very real point of view,the benefits borne by the priority power generation of renewable energy are scarcity.Although not formally confirmed by law,it is reflected in many legal policy documents and legal provisions:the total target system and the planning system,Full protection of the acquisition system provides direct protection for it.Existing legal skills,legal rules and experience in practical activities provide it with the potential to become a legal right.Finally,the establishment of this right can effectively deal with the realization of the priority benefits of renewable energy.In this paper,the priority of renewable energy is defined as renewable energy power plants being given the priority to obtain the qualification for generating electricity from the grid and the share of priority power generation,and to give priority to the sale of their electricity and electricity under the government pricing or equivalent priority principle.The main body of its rights is in accordance with the planning and development of renewable energy development and utilization,and obtain the administrative license or filing according to law,the project in line with state regulations,and the unit energy consumption,environmental emissions,grid safety and national and industry standards should meet the renewable energy Power generation enterprises;the main obligations for the government and energy authorities,power grid companies,dispatching agencies and power trading institutions and non-renewable energy power generation enterprises;right object into the planning,within the grid coverage and meet the technical standards for grid Renewable energy power includes three elements of rights:preferential access to power generating capacity and share of the right to priority and online priority scheduling and the right to sell their priority power.The legal nature of the right is not only the compound of public and private rights,but also the complex entity and procedural rights,but also has the nature of property rights and property rights.First of all,renewable energy power companies have the priority to obtain the qualification of power generation,first of all from the government power entity qualification of entities and procedures identified;owned share of priority power that the government mandated power generation quotas reflects a government responsibility,Has a strong public right color.Private law rights attributes are as follows:Renewable energy power companies give priority to selling their electricity and electricity by signing priority power generation contracts with power grid companies,and set their rights according to the basic principles of private rights allocation.Although public power involves factors,Can not change the nature of private law as the most basic contract of sale.Second,when the right of priority generation of renewable energy is confirmed by the substantive law,the priority power generation owned by renewable energy power enterprises exists as a substantive right,which is reflected as the right to request the relevant administrative subjects and power grid enterprises.As an important connotation of priority generation of renewable energy,priority access to renewable energy requires that administrative bodies exercise strict legal restraint in every step and form of exercising their access rights,clarify legal procedures and establish a series of open and fair Of the procedure to restrict the power;its essence shows that the law gives green energy developers a procedural rights.Finally,the priority right to power to a certain extent,the performance of the parties' personal will or freedom of choice;Although the license is not a property right,the license itself creates a de facto property right for the licensee,the priority power generation quota is a kind of property rights.As a right of renewable generation priority power generation,the corresponding legal protection is required.Therefore,this right needs to be formally recognized by the law,and given the corresponding legal rules,clear the obligations and responsibilities of the relevant subjects;entities should improve the total amount of renewable energy target system and planning system,strengthen the government in the "Priority Planning"responsibility and the establishment of renewable energy quota system;procedures should be given renewable energy power enterprises information and participation rights,a clear priority access to permits and related technical standards and access to relief procedural rights...