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Title: Regulations for the Nuclear Fuels Operational Safety Management CH
Amended Date: 2009-10-30
Category: Nuclear Safety Commission(核能安全委員會)
Article 1
These Regulations are enacted pursuant to Paragraph 5, Article 15 of the Nuclear Material and Radioactive Waste Management Act.
Article 2
These Regulations shall apply to the safety management of the possession, use, import, export, transit, transshipment en route, transport, storage, discarding, assignment, leasing or pledge setting of nuclear fuel.
Article 3
Prior to possession or use of nuclear fuel, the applicant shall submit an application form describing the following to the competent authority for approval:
1. Category, quantity, properties and purpose.
2. Storage place, storage status and accumulated quantity.
3. Other matters specified by the competent authority by public notice.
To apply for use of nuclear fuel, the application form shall in addition describe the method employed and the operating equipment.
Where the nuclear fuel is to be used in nuclear reactor facilities, it is not necessary to submit an application in accordance with the provisions of the preceding two Paragraphs.
Article 4
The transport of nuclear fuel shall conform to the provisions of the Regulations for the Safe Transport of Radioactive Materials, and the consigner shall submit an application form stating the following matters and with a transport plan and a security control plan to the competent authority for approval prior to transport:
1. Category, quantity, properties and purpose.
2. Expected shipment period.
3. Carrier.
4. Other matters specified by the competent authority by public notice.
Prior to implementing the transport, the consigner shall fill in the transport manifest and submit it to the competent authority for reference.
Article 5
The transport plan referred to in Paragraph 1 of the preceding Article shall state the following matters:
1. Transport route, equipment, machines, packaging or containment system, and operating procedure.
2. Grouping of the workers and communication measures used
3. Radiation dose assessment and radiation protection measures.
4. Hypothetical accident assessment and emergency response measures.
5. Other matters specified by the competent authority by public notice.
The security control plan referred to in Paragraph 1 of the preceding Article shall state the following matters:
1. Description of the organization and tasks of security control personnel.
2. Training and drilling of the security control personnel.
3. Security control measures.
4. Perimeter control during emergency incidents.
5. Communication and notification method.
6. Other matters specified by the competent authority by public notice.
Article 6
Nuclear fuel transport by road shall be conducted in accordance with the approved transport plan, the security control plan, and the following provisions:
1. The driver shall be replaced after each 4 hours of driving.
2. There shall be a guide and an escort vehicle before and after the transport motorcade, and each transport vehicle shall be escorted by armed policemen with communication equipment.
3. Local police offices and those along the transport route shall be informed in advance to perform traffic control and remove obstacles from the way.
Article 7
Nuclear fuel transport by rail shall be conducted in accordance with the approved transport plan, the security control plan, and the following provisions
1. Shall be transported by exclusive use train or cargo wagon.
2. Armed policemen with communication equipment shall be designated to escort, and they shall get off the train for surveillance when the train stops at an intermediate station.
3. The police offices at the predetermined intermediate stations shall be informed in advance to dispatch policemen for safeguarding.
4. When the train arrives at the destination station, the armed policemen shall guard the delivery.
Article 8
Nuclear fuel transport by sea shall be conducted in accordance with the approved transport plan, the security control plan, and the following provisions:
1. The package shall be placed in isolated, sealed and locked compartments or freight containers.
2. If the transport follows a domestic course, armed personnel with communication equipment shall be designated to escort.
3. The harbor bureaus where loading and unloading is done and the police offices concerned shall be informed in advance for safeguarding.
4. When the ship arrives at the destination harbor, armed policemen shall safeguard the delivery of the fuel.
Article 9
Nuclear fuel transport by air shall be conducted in accordance with the approved transport plan, the safety control plan, and the following provisions:
1. Shall be transported by air freighter.
2. The packages shall be placed in sealed and locked containers.
3. The airport offices of the departure and arrival airports and the police offices concerned shall be informed in advance for safeguarding.
4. When the aircraft arrives at the destination airport, armed policemen shall safeguard the delivery of the fuel.
Article 10
To apply for importation of nuclear fuel, the applicant shall prepare an application form stating the following matters, and submit it together with the related document of exporting permit issued by the exporting country for approval prior to importation:
1. Category, quantity, properties and purpose.
2. Exporter.
3. Other matters specified by the competent authority by public notice.
The application for importation referred to in the preceding Paragraph may be filed together with application for possession or use filed under Article 3.
Article 11
To apply for exportation of nuclear fuel, the applicant shall submit an application form stating the following matters, together with the original of the importation permit issued by the importing country or its photocopy notarized by notary public, to the competent authority for approval prior to exportation:
1. Category, quantity, and properties.
2. Importer and purpose of importation.
3. Other matters specified by the competent authority by public notice.
Article 12
To apply for permission to transit a harbor or make transshipment en route of nuclear fuel, the applicant shall submit an application form together with the following documents to the competent authority for approval prior to transit:
1. The original of the accident compensation insurance document conforming to the provisions of the Nuclear Damage Compensation Act of the Republic of China, or its photocopy notarized by notary public.
2. The original of the permit issued by the original exporting country, or its photocopy notarized by notary public.
3. The original of the permit issued by the importing country, or its photocopy notarized by notary public.
4. Shipment document.
5. Other matters specified by the competent authority by public notice.
Nuclear fuel in transit or transshipment en route may not be unloaded and stored in the transit port without permission.
To apply for unloading and storage as referred to in the preceding Paragraph, a safety control plan for the period of storage in the transit port shall be submitted. The matters to be stated in the plan shall be as prescribed in Paragraph Two of Article 5.
Article 13
To store nuclear fuel, the operator shall submit an application form stating the following matters to the competent authority for approval prior to storage:
1. Category, quantity, properties and purpose.
2. Storage place and method.
3. Material control and accounting system.
4. Other matters specified by the competent authority by public notice.
Where the nuclear fuel is to be stored in an approved storage facility, it is not necessary to file an application in accordance with the provisions of the preceding Paragraph.
Article 14
To discard nuclear fuel, the operator shall submit an application form stating the following matters to the competent authority for approval prior to discarding:
1. Category, quantity, properties and original purpose.
2. Reason for discarding.
3. Other matters specified by the competent authority by public notice.
Nuclear fuel approved for discarding shall be managed in accordance with the related regulations governing radioactive waste.
Article 15
To transfer nuclear fuel, the transferee shall submit an application form stating the following matters, together with the possession permit of the transfer to the competent authority for approval prior to transfer:
1. Category, quantity, properties and purpose.
2. Predetermined date of transfer.
3. Other matters specified by the competent authority by public notice.
The application for transfer referred to in the preceding Paragraph shall be filed together with the application for possession filed under Article 3.
Article 16
To lease nuclear fuel, the leaser shall submit an application form stating the following matters, together with the possession permit to the competent authority for approval prior to leasing:
1. Category, quantity, properties and purpose.
2. Predetermined term of the lease.
3. Other matters specified by the competent authority by public notice.
The application for lease referred to in the preceding Paragraph shall be filed together with the application for use filed under Article 3.
Article 17
To set the right of pledge of nuclear fuel, the pledgee shall submit an application form stating the following matters, together with the possession permit of the pledger to the competent authority for approval prior to pledging:
1. Category, quantity, properties and purpose.
2. Reason for and term of the pledge.
3. Other matters specified by the competent authority by public notice
Article 18
To transport or store nuclear fuel, the consigner or operator shall, upon filing application, additionally submit the original of the guarantee of liability compensation for nuclear damage or financial guarantee, or its photocopy notarized by notary public.
Article 19
Under the following abnormal or emergent circumstances, the operator or applicant shall notify the competent authority within two hours after the occurrence or finding of the abnormality or emergency, and bring forward a written report within thirty days:
1. Due to natural disaster or other factors, the safety of nuclear fuel is substantially threatened or operating safety is compromised.
2. The radiation dose received by a person or the radioactivity leaked during the operating process is more than the limit set forth in the Ionizing Radiation Prevention Act.
3. The nuclear fuel is lost, stolen or damaged.
Article 20
Nuclear fuel shall be transported in accordance with the provisions of Articles 4 to 9.
Under any of the following circumstances, to transport nuclear fuel, the consigner shall submit an application form to the competent authority, and after it is approved, the consigner may be exempted from submission of the transport plan and the safety control plan, and may be exempted from the provisions of Articles 6 to 9 and Article 18:
1. Where the ratio of U235 to U238 is higher than the natural mixing ratio but lower than 5%, wherein the content of U235 is less than 2kg.
2. Where the ratio of U235 to U238 is higher than 5%, wherein the content of U235 is less than 800g.
3. Where the weight of U233 is less than 500g.
Article 21
The format of the application forms set forth in these Regulations shall be prescribed by the competent authority.
Article 22
These Regulations shall come into force as of the date of promulgation.