Chapter II Administration of Nuclear Source Material and Nuclear Fuel
Article 8
For the construction of production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel, an application for construction license 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 satisfy the following prescription and the competent authorities have issued a construction license therefor:
1.The purpose of construction is consistent with that of peaceful use of atomic energy(; and)
2.The equipment and the facilities are sufficient to secure the public health and safety(; and)
3.The impact to the environmental ecology complies with the prescription of relevant laws/statutes and decrees(; and)
4.The technology, the management ability and the financial basis, etc., of the applicant are competent to operate the facilities.
For the construction of production facilities referred to in the preceding Paragraph, the materials to prove the capability of managing, stowing and finally disposing of the radioactive waste to be generated due to the operation thereof shall be submitted (to the competent authorities).
The competent authorities shall publicize and display the application referred to in the preceding Paragraph within thirty (30) days of the receipt of it; the time period for publication and display is sixty (60) days. During the time period for publication and display, individuals, government agencies or organizations may submit to the competent authorities reference opinions in written document stating the name or appellation and the address; and a hearing (or hearings) shall be held by the competent authorities subsequently.
The regulations for the qualification, documents required, review and approval procedures and other matters to be complied with for an application for construction license for constructing the production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel shall be prescribed by the competent authorities.
Article 9
Even after the completion of construction of production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel, the facilities shall not be formally operated, until the competent authorities have inspected the construction engineering and qualified the pre-operation thereof, and have issued an operation license therefor.
Before the issuance of the operation license for production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel, the competent authorities shall verify that an approval from the domestic or foreign final disposal facilities for storage of radioactive waste, or a contract for handling the same on an agency basis has been obtained.
The valid period of the license referred to in Paragraph 1 of this Article is forty (40) years at longest, and when there is need to continue operation after the license is expired, an application shall be filed two (2) years prior to expiration thereof with the competent authorities for renewing the license thereof. The operation thereof shall not be continued without the renewal of license as per the prescription.
Paragraph 1 of the preceding Article is applicable, mutatis mutandis, to the issuance and(/or) the renewal of an operation license; Paragraph 2 (of the preceding Article) is also applicable, mutatis mutandis, to the renewal of an operation license.
Article 10
The operator of production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel shall follow the prescription of the competent authorities to submit the following reports and(/or) records regularly, and the competent authorities may dispatch the inspector(s) to inspect the facilities at anytime:
1.Reports related to operation, radiation protection, environmental radiation monitoring, irregularity (and/)or emergency event, and(/or) any other reports designated by the competent authorities(; and/or)
2.Production, inventory, (and/or) sales record(s) of nuclear source material (and/)or nuclear fuel(; and/or)
3.Records on generation, treatment, storage and(/or) final disposal of radioactive waste.
Article 11
The production facilities of nuclear source material (and/)or nuclear fuel shall be operated by qualified operating personnel.
The qualification of operating personnel referred to in the preceding Paragraph shall be prescribed by the competent authorities.
Article 12
During the construction (and/)or operation period of production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel, neither of the design amendment nor the equipment change, if involved in the following significant safety items, shall be made without an approval from the competent authorities:
1.Modification of operational technical specification(; and/or)
2.Newly added safety issue not covered in the safety analysis report(; and/or)
3.Change of safety-related equipment that has to amend the safety analysis report and that may lower the original design standard after assessment(; and/or)
4.Any other items designated by the competent authorities.
Article 13
During the construction (and/)or operation period of production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel, the competent authorities may dispatch the inspector(s) to inspect the facilities at anytime, and may ask the operator to submit relevant materials; and if there is anything not conform to the prescription or if the public health, safety or environmental ecology may be hazarded, the competent authorities shall order the operator to improve the situation or take any other necessary measures within a limited time period. If the operator does not improve it in the limited time period or the situation is serious, the competent authorities may order the operator to cease construction or operation thereof or may revoke the license.
When making the (administrative) decision according to the preceding Paragraph, the competent authorities shall notify the operator by a document detailing the reason. When the situation is urgent, the (administrative) decision may be made verbally at first and the (administrative) decision in writing shall be served supplementally upon the operator within seven (7) days.
For the inspection referred to in Paragraph 1, the competent authorities may entrust relevant government agencies (institutes), schools or organizations to perform; the regulation for entrusting in this context shall be prescribed further by the competent authorities.
Article 14
For the permanent cease of operation of production (and/)or storage facilities of nuclear source material (and/)or nuclear fuel, the operator shall prepare a decommission plan and shall implement it after the same has been reported to and approved by the competent authorities; and during the implementation period, the competent authorities may dispatch the inspector(s) to inspect the same at anytime; and after the completion of decommission, the operator shall report it to the competent authorities for inspection.
Where the facilities referred to in the preceding Paragraph have ceased operating for more than one (1) year consecutively but the operator does not report it to the competent authorities for approval, it shall be deemed as the permanent cease of operation; and the decommission procedure shall follow the prescription of the preceding Paragraph.
The decommission referred to in Paragraph 1 shall be completed within fifteen (15) years of the permanent cease of operation.
Article 15
Unless approved by the competent authorities, the nuclear source material (and/)or nuclear fuel shall not be held, utilized, imported, exported, transited, transhipped en route, carried, stowed, discarded, assigned, leased, lent or pledged.
For each of the operations referred to in the preceding Paragraph, a comprehensive material and accounting record shall be made and kept properly and submitted regularly to the competent authorities for recordation and reference.
During the operation process referred to in Paragraph 1, the competent authorities may dispatch the inspector(s) to inspect at anytime and ask the operator to submit relevant materials; and if the public health, safety or environmental ecology may be hazarded, the competent authorities may suspend or restrict the operation wholly or partly, or order the operator to take necessary measures.
When making the (administrative) decision according to the preceding Paragraph, the competent authorities shall notify the operator by a document detailing the reason. When the situation is urgent, the (administrative) decision may be made verbally at first and the (administrative) decision in writing shall be served supplementally upon the operator within seven (7) days.
The safety administrative rules for the operation of nuclear source material (and/)or nuclear fuel shall be prescribed by the competent authorities.
Article 16
The prescription under this Chapter shall not be applicable to nuclear source material (and/)or nuclear fuel which is below a specified weight or activity, or its production (and/)or storage facilities.
The limit value of the specified weight or activity referred to in the preceding Paragraph shall be prescribed by the competent authorities.