Chapter 6 Supervision and Management
Article 58
All Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall set up a directorial engineer position, the qualification of which shall be determined by the central competent authority.
Article 59
All Contract Electric Equipment Installers and Electricity Equipment Inspection and Maintenance Enterprises shall register with the competent authority at the level of the municipal government or county (city) government and join the trade association for the relevant industry within one month of registration before commencing business operations. Trade associations for the industry relevant shall not reject the membership of the said installers and administrators.
The installation, construction, and retrofitting of user-end electricity equipment shall be undertaken by a Contract Electric Equipment Installer. The energization of the equipment may begin only after the installer notifies the Electricity Enterprise of the completion of the work and activation of the service by submitting a certificate of completion of work by a member issued by an electrical engineering trade association. The restriction does not apply when other regulations stipulate otherwise.
For works involving electricity facilities or user-end electricity equipment that have been designed or supervised by lawfully registered and practicing professional electrical engineers, a membership certificate issued by the respective electric engineer association shall be submitted along with design drawings and descriptions or completion reports to the Electricity Enterprise for review before approval or energization may proceed.
Electrical engineers described in the preceding paragraph shall not engage in design or installation supervision work for electricity facilities or user-end electricity equipment prior to enrolling in the local electrical engineer association, which shall not reject the membership of said engineers.
Personnel employed by Contract Electric Equipment Installers and the Electricity Equipment Inspection and Maintenance Enterprises to work in electrical engineering shall possess one of the following qualifications:
1. The person has passed professional examinations in the field of electrical engineering and thereby possesses a professional engineer license.
2. The person has passed certification tests in the field of electrical engineering and thereby possesses a technical certificate.
3. The person became a certified electrician by passing the appropriate examinations in accordance with applicable laws and regulations prior to March 5, 2007, when these amended provisions came into effect.
Current technical personnel in the field of electrical engineering registered with competent authorities at the level of the municipal government or county (city) government, or technical personnel who had registered with said authorities for a period of more than six months prior to the amendments of this Act which became effective on January 11, 2017, shall retain their original qualification as an electrical technical personnel even if they do not meet the criteria set in the preceding paragraph after the amendments of this Act come into effect.
The central competent authority shall establish rules governing the qualifications, prerequisites, registration, revocation or cancellation of registration, and management of Contract Electric Equipment Installers and Electricity Equipment Inspection and Maintenance Enterprises.
Article 60
Industrial plants, mines, and buildings for public use that are installed with power equipment, as well as locations that are fed by electricity classified as high voltage or above shall employ a full-time electrical technician or entrust an Electricity Equipment Inspection and Maintenance Enterprises to ensure the safety of general and emergency power equipment use within the boundary between the location’s own equipment and that of the Electricity Enterprise. The employed technician or entrusted Administrator shall be registered with the competent authority at the level of the municipal government or county (city) government, and inspection and maintenance records shall be regularly submitted.
The central competent authority shall establish rules governing the scope of electrical equipment and locations described in the preceding paragraph, registration, revocation or cancellation of registration, maintenance, reporting deadlines, method of documentation and management, as well as the recognition of the full-time electrical technical personnel, qualifications, management and other points of compliance.
Article 61
The design and installation supervision of electricity facilities and user-end electric equipment that fall within the scope defined by the central competent authority shall be administered by legally registered and practicing professional electrical engineers or professional engineers in related fields. The tasks outside said scope shall be administered by professional electrical engineers or Contract Electric Equipment Installers. However, for facilities and equipment exclusively used by government agencies or state-owned enterprises, said tasks may be administered by the employees of the respective government agency or state-owned enterprise who have legally obtained licenses as professional electrical engineers or professional engineers in related fields.
The scope of the engineering work described in the preceding paragraph shall be consistent with the pre-existing scope of electric work in force prior to the promulgation of amendment of this Act on January 19, 2005. When amending said scope, the central competent authority shall consult the national professional electrical engineer association, related electrical contractors associations, and other related trade associations.
In the event that an Electricity Enterprise or user fails to comply with paragraph 1 of this Article, the central competent authority may forbid the violating Enterprise to use the facilities in question. Otherwise, when the violator is a user, the Electrical Enterprise shall not energize the user’s equipment in question.
Article 62
Contract Electric Equipment Installers and the Electricity Equipment Inspection and Maintenance Enterprises are prohibited from engaging in the following acts:
1. To use licenses registered to others;
2. To allow others to use its registered license;
3. If ordered to suspend its business, to participate in tendering or accept contracts during the period of suspension;
4. To reduce or downgrade construction materials to save on cost;
5. To subcontract, divide out, or hire out contracts to unlicensed service providers;
6. To subcontract an amount of work that exceeds 40% of the total contract price;
7. To issue reports containing false statements on installation, inspection, and maintenance work performed on a contract.
To properly manage the Contract Electric Equipment Installer and the Electricity Equipment Inspection and Maintenance Enterprises, to protect the public interest and safety, or in response to the needs arising in the process of investigating behavior described in the preceding paragraph or the qualifications of a provider, the competent authority may demand the Contract Electric Equipment Installer or the Electricity Equipment Inspection and Maintenance Enterprises to supply relevant information, and perform audits when necessary. The Contract Electric Equipment Installer or the Electricity Equipment Inspection and Maintenance Enterprises shall not evade, impede or refuse such audits.
Article 63
Full-time electrical technicians employed in electricity-using locations are prohibited from making false claims or misrepresentation of information in statements and reports made in the course of carrying out their duty.
Article 64
An Electricity Generating Enterprise shall comply with the following requirements in determining the allocation of its annual profits. Annual net profit excluding renewable energy generation in excess of the total paid-in capital shall be allocated prioritizing measures of improving the operation and maintenance of the generation units, investing in pollution-minimizing infrastructure, and facilitating further advancement in renewable energy. The allocation requirements are set out below:
1. When the annual net profit is more than 10% but less than 25% of the total paid-in capital, 50% of the amount in excess of 10% of the total paid-in capital shall be allocated.
2. When the annual net profit exceeds the total paid-in capital by 25% or more, the full amount in excess of 25% of the total paid-in capital shall be allocated.
50% of the allocated amount prescribed above shall be used in measures improving the operation and maintenance of the generation units as well as investment in pollution-minimizing infrastructure. The remaining 50% shall be invested in the development of renewable energy.
When the annual net profit is less than 10% of the paid-in capital, the central competent authority shall order the Electricity Generating Enterprise to engage in facility improvements based on the findings of the inspection and maintenance performed in accordance with Article 31.
paragraph 1 of this article does not apply to Electricity Generating Enterprises whose Electricity Carbon Emission Factor for generation of electric power is better than the standard prescribed by the electricity industry regulatory agency in accordance with paragraph 2 of Article 28.
The electricity industry regulatory agency shall establish rules governing the identification, use, management and supervision of the funds used to improve the operation and maintenance of the generation units, to invest in pollution-minimizing infrastructure, and to facilitate the development of renewable energy.
Article 65
To facilitate operational improvements, to develop the regions in the proximity of the electricity generation, transformation and distribution facilities, and to improve the lives of the residents thereof, Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall establish electricity development assistance funds to assist the competent authority at the level of the municipal government or county (city) government in promoting development of electric power and improve relations with local communities. The amount allocated to the assistance fund shall be based on the amount of electricity (in kilowatt-hours) generated or transmitted.
The central competent authority shall establish rules governing the method, scope, and supervision of the use of the electricity development assistance funds prescribed in the preceding paragraph. The competent authority at the level of the municipal government or county (city) government may audit the use when necessary. The electricity producers and distributors shall not evade, impede or refuse such audits.
This article does not apply to Renewable Energy-Based Electricity Generating Enterprises, except for enterprises generating electricity using wind power or using solar power generation facilities above a certain capacity.
The allocation percentage to the electricity development assistance fund prescribed in paragraph 1 of this Article and the “certain capacity” mentioned in paragraph 3 of this Article shall be defined and announced by the central competent authority.
The competent authority at the level of the municipal government or county (city) government shall disclose the use of the assistance funds in quarterly reports online.
Article 66
To ensure open access of information, all Electricity Enterprises shall produce monthly summary reports on the company’s business operations, supply and demand of the electric power, and financial status, as well as an annual report within three months of the end of each business year. The reports shall be submitted to the electricity industry regulatory agency and the central competent authority for future reference. Open access to the information shall be provided.
The electricity industry regulatory agency or central competent authority may order enterprises to supply supplementary information about the monthly summary reports and annual reports prescribed in the preceding paragraph, or send personnel for audits.
The information to be made available to the general public, as well as the content and format of the monthly summary reports and annual reports, are to be defined and announced by the electricity industry regulatory agency.
Article 67
All electricity facilities and the safety protection devices prescribed in paragraph 1 of Article 30 of this Act are subject to inspection by the competent authority at any time. In case of failure to conform to the requirements, repair, modification or replacement within a given time limit shall be required. Should the potential of imminent danger occur, the competent authority may order a stop to the operation or use of the facilities or devices.
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall not evade, impede or refuse such inspections prescribed in the preceding paragraph.