Chapter II Regulations of Construction and Operation
Article 4
The licensee shall submit a plan, in accordance with the level of radiation dose received by the public after a nuclear accident, to the competent authorities for the latters' in consultation with the Ministry of Interior, the government of municipality under the direct jurisdiction of the Executive Yuan, the county (city) government and the relevant authorities about demarcating the exclusion area and the low population zone, which, after being approved by the Executive Yuan, shall be publicized and implemented by the government of municipality under the direct jurisdiction of the Executive Yuan, the county(city) government; and the aforesaid respective government, being accompanied with the licensee, shall then set up the landmarks within two months; and, the same rules shall be applicable to the procedures for amending it. The fees for setting up the landmark shall be borne by the licensee.
With the exception of highway, railroad, and waterway, the licensee shall obtain the rights of use over the land within the exclusion area. Residence within the exclusion area which is unrelated to the operation, the maintenance or the security of nuclear reactor facilities, shall be prohibited. Any activity which may affect the safety of nuclear reactor facilities shall be prohibited there.
As to the selection of site of nuclear reactor facilities, its location, in addition to that the radius of the low population zone shall be appropriate, shall be distant at least one and one third times of radius of the low population zone from the population center containing more than twenty-five thousand.
Residence within the low population zone is generally permitted. However, to newly establish school, works, jail, hospital, long term nursing institute, recuperation and convalescent institute (charity) for the aged, a protective measures shall be provided, referring first to the response plan of civil security and protection of that local area, and submitted to the competent authorities for the latters' in consultation with the government of municipality under the direct jurisdiction of the Executive Yuan, and the county (city) government and approving it, so that the same can be implemented in accordance with the relevant laws/statutes and decrees.
The standard(s) of the demarcation of the exclusion area and the low population zone shall be prescribed by the competent authorities.
Article 5
For the construction of nuclear reactor facilities, an application for construction permit shall be filed with the competent authorities, and the construction shall not commence until the application has been reviewed and approved by the competent authorities to meet with the following standards and requirements and the competent authorities have issued a construction permit therefor:
1.The purpose of construction shall be consistent with that of peaceful use of atomic energy;
2.The equipment and the facilities shall be sufficient to protect the public health and safety;
3.The impact to the environmental protection and ecological protection shall comply with the provisions under relevant laws/statutes and decrees;
4.The technical, the management ability and the financial data, etc., of the applicant shall be competent to operate the facilities.
The competent authorities shall publicize for sixty days the application referred to in the preceding Paragraph within thirty days of receipt of it. During the period for publication, any individual, authorities, school and group may submit to the competent authorities comment in written document stating the name or appellation and the address thereof.
The regulations for the qualification for an application for construction permit for nuclear reactor facilities, documents required, review and approval procedures and other matters to be complied therewith shall be prescribed by the competent authorities.
Article 6
Even after the completion of construction of nuclear reactor facilities, the facilities shall not be loaded with the nuclear fuel, unless the competent authorities have reviewed and approved its final safety analysis report, and the corrective actions of inspection findings during the construction and the system functional tests thereof have been passed.
Unless the competent authorities have reviewed and approved the power test therefor and then issued an operating license therefor, no nuclear reactor facilities, having been loaded with the nuclear fuel, shall be formally operated.
The valid period of the operating license referred to in the preceding Paragraph shall be forty years at longest, and when there is need to continue operation after the license is expired, an application for renewing the license thereof shall be filed by the licensee with the competent authorities within the period prescribed by the competent authorities. The operation thereof shall not be continued without the renewal of license in accordance with the prescription.
Paragraph 1 of the preceding Article is applicable, mutatis mutandis, to the issuance and the renewal of an operating license. The regulations for the documents requisite for the application in this context, review and approval procedures and other matters to be complied therewith shall be prescribed by the competent authorities.
Article 7
The design, construction and operation of nuclear reactor facilities shall be complied with the provisions of the safety design criteria of nuclear reactor facilities and the quality assurance criteria of nuclear reactor facilities prescribed by the competent authorities.
Article 8
The competent authorities may prescribe the regulations to regulate the re-start of nuclear reactor facilities after that have been ceased operation due to re-loading of nuclear fuel, outage or reportable event.
Article 9
After nuclear reactor facilities have been formally operated, one integrated safety assessment at least shall be implemented every ten years and then be submitted to the competent authorities for review and approval.
Article 10
The licensee shall follow the prescription of the competent authorities to submit the report(s) related to operation, radiation safety, environmental radiation monitoring, reportable or emergency event, or prompt notification, the generation record on radioactive waste and any other report(s) designated by the competent authorities; wherein, the regulations for the time limit, the modus, the contents and other matters to be complied therewith, pertinenting to the reportable event report and the prompt notification shall be prescribed by the competent authorities.
Article 11
One who has not obtained the nuclear reactor operator license shall not manipulate the control of the nuclear reactor, provided, however, that the following personnel are exempted:
1.The student of school or the personnel attending the operation training, who manipulates the control of a research nuclear reactor for the training purpose under the guidance on the scene and the responsibility of the licensed operator.
2.The trainee having attended the operator training and passed the test and examination of the competent authorities, who manipulates the control of a nuclear reactor for the purpose of apprenticeship for the duty to be taken charge of under the guidance on the scene and the responsibility of the licensed operator.
The license referred to in the preceding Paragraph shall be issued after the test, for which the licensee has applied to the competent authorities, has been passed and the apprenticeship has been qualified.
Where the nuclear reactor operator inadvertently neglects performing his or her duty, the competent authorities may suspend his or her license for a period from three months to eighteen months, subject to the seriousness in the circumstances; and(/or) may revoke the license, if there is a serious violation of regulation.
The regulations for issuance, renewal, supplement, suspension, revocation of the license of nuclear reactor operator and other matters to be complied therewith shall be prescribed by the competent authorities.
Article 12
The licensee shall hold regularly the medical examination for whose nuclear reactor operator, and shall prohibit anyone whose physical and mental condition is inadequate to continuously take charge of operation; and if necessary, the competent authorities may order the licensee to make such a prohibition.
The prohibited operator referred in the preceding Paragraph may continue to take charge of the operation once he or she has obtained a certificate of physician proving that his or her physical and mental condition has been resumed to enable him or her taking charge of operation adequately and has been re-trained for complying with the prescription. For those prohibited personnel under the competent authorities' order to the licensee, an approval from the competent authorities shall also be obtained.
The regulations for the implementation of medical examination referred to in Paragraph 1 and the issuance of and the obtaining certificate of physician referred to in the preceding Paragraph shall be prescribed by the competent authorities.
Article 13
During the construction or the operation period of nuclear reactor facilities, neither of the design amendment nor equipment change, if involved in the significant safety items, shall be made without an application therefor submitted to and approved by the competent authorities.
The scope of significant safety items referred to in the preceding Paragraph shall be prescribed by the competent authorities.
Article 14
During the construction or the operation period of nuclear reactor facilities, the competent authorities may dispatch the inspector to inspect the facilities at anytime, and may require the licensee to submit relevant materials; wherein, the licensee shall not evade, interfere with or refuse the same. If there is anything not conform to the prescription or if the public health/safety or environmental ecology may be endangered, the competent authorities shall order the licensee to improve the situation or take any other necessary measures within a prescribed time period. If the situation is serious, the licensee does not improve it nor take necessary measures within the prescribed period, the competent authorities may order the licensee to cease the working on the scene, or operation thereof, or may revoke the license or permit the operation only under a limited power.
When rendering the administrative measures according to the preceding Paragraph, the competent authorities shall notify the licensee by a document detailing the rationale. When the situation is urgent, the administrative measures may be made verbally at first and the text of administrative measures in written shall be served supplementally upon the licensee within seven days.
For the inspection referred to in Paragraph 1, the competent authorities may entrust relevant authorities, school or group to perform; the regulations for entrusting in this context shall be prescribed by the competent authorities.
Article 15
In order to assure that the design, installation, inspection and test of nuclear reactor facilities shall be actually complied with the requirements for the nuclear safety, the licensee shall retain the inspection agency to take charge of the inspection.
The regulations for the scope of inspection and the recognition of inspection agency referred to in the preceding Paragraph shall be prescribed by the competent authorities.
Article 16
After being submitted to and approved by the competent authorities, the nuclear grade items to be used in the safety-related structures, systems and components of nuclear reactor facilities may be adopted from the products approvingly dedicated by the agency recognized by the competent authorities.
The administrative regulations for the condition, or the technology as to the verification and the recognition of agency referred to in the preceding Paragraph shall be prescribed by the competent authorities.
Article 17
The import, export, removal of nuclear reactor and other relevant matters designated by the competent authorities shall be made only after an application therefor has been submitted to and approved by the competent authorities.
Article 18
If any of the registered items under the license issued according to this Act has been changed, the licensee shall apply for the amendment within the period prescribed by the competent authorities.
Article 19
Unless permitted by the competent authorities, the nuclear reactor facilities, the license thereof and the rights vested in the license shall not be assigned, leased, lent, trusted, pledged or mortgaged.
Article 20
Provisions under Article 4, Paragraph 2 of Article 5, Article 8, Article 9 and Article 15 shall not be applied to research nuclear reactor facilities with the thermal power below a specific limit.
The specific limit referred to in the preceding Paragraph shall be prescribed by the competent authorities.