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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 23:58
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Chapter Law Content

Title: The Electricity Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 4 Construction
Article 25
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall set up Electricity Facilities in accordance with relevant rules.
The Electricity Transmission and Distribution Enterprise shall set up a geographical information management system for the power grid to record, among other information, the names of the power network lines, voltages, locations, and usage patterns, and update the information when appropriate. The competent authority may order the Electricity Transmission and Distribution Enterprise to provide information related to the power grid, to provide further information, or to dispatch personnel for inspection.
The central competent authority shall establish rules governing the scope, items, layout, safety requirements, and other points of compliance for Electricity Facilities described in the first paragraph of this Article.
Article 26
An Electricity Enterprise shall provide electricity in accordance with the prescribed voltage and frequency standards. This does not apply in special circumstances approved by the central competent authority.
The central competent authority shall establish the voltage and frequency standards described in the preceding paragraph.
Article 27
To ensure the stability and safety of the power supply, Electricity Generating and Retailing Enterprises shall, when selling power to users, set an appropriate level of electricity reserve capacity based on its sales volume, and report the reserve capacity level to the electricity industry regulatory agency. However, the restriction does not apply to Renewable Energy-Based Electricity Generating Enterprise below a certain installed capacity. To meet the reserve capacity requirement, an Electricity Generating Enterprise may either use its own facilities to generate power or purchase from other Electricity Generating Enterprises, Self-Use Power Generation Equipment operators, or Demand Response providers.
The “certain installed capacity” in the previous paragraph shall be stipulated by the electricity industry regulatory agency.
The electricity industry regulatory agency shall establish rules governing the content, calculation formula, criteria and scope, reporting procedure and period, review, audit, management, and other points of compliance regarding electricity reserve capacity described in the first paragraph of this Article.
Article 28
When the Public Electricity Retailing Utility sells electric power to its users, an Electricity Carbon Emission Factor shall be calculated for the sold power using the baseline Electricity Carbon Emission Factor and reported to the electricity industry regulatory agency.
The baseline Electricity Carbon Emission Factor described in the preceding paragraph shall be stipulated by the electricity industry regulatory agency based on the national energy and carbon reduction policies, and announced on a regular basis.
The electricity industry regulatory agency shall establish rules governing the method of calculation, reporting procedure and period, review, audit, management, and other points of compliance regarding the Electricity Carbon Emission Factor.
Article 29
An Electricity Enterprise shall install all necessary electric meters or instruments for recording of the electric output, voltage, frequency, power factor, loading, and other relevant information.
Article 30
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall install safety devices to protect Electricity Facilities in accordance with relevant regulations.
The central competent authority shall establish rules governing the location, method, maintenance, and safety requirements, and other points of compliance for safety protection device installations described in the preceding paragraph.
Article 31
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall perform regular inspection and maintenance of their Electricity Facilities and record all inspection and maintenance results.
The central competent authority shall establish rules governing the inspection and maintenance work prescribed in the preceding paragraph, including work items, work intervals, and other points of compliance.
Article 32
The Electricity Transmission and Distribution Enterprise or a Renewable Energy-Based Electricity Generating Enterprise that installs private Networks to provide Direct Supply to its users shall inspect any User-end Electricity Equipment, and connect power only when the equipment has passed the inspection. The Electricity Transmission and Distribution Enterprise or Renewable Energy-Based Electricity Generating Enterprise shall perform regular inspection of equipment installed by users and record the results. In the event that non-conformity is found, the user shall be notified and given a time limit to address the problems. The Electricity Transmission and Distribution Enterprise or Renewable Energy-Based Electricity Generating Enterprise may stop supplying users that refuse to undergo inspection or fail to address the deficiencies within the given time.
The competent authority at the level of the municipal government or county (city) government shall provide necessary assistance for the inspections described in the preceding paragraph.
The competent authority at the level of the municipal government or county (city) government may order the Electricity Transmission and Distribution Enterprise or Renewable Energy-Based Electricity Generating Enterprise to report or provide information concerning the inspections described in the first paragraph of this Article and the results thereof, and audit the information when appropriate. The Electricity Transmission and Distribution Enterprise or Renewable Energy-Based Electricity Generating Enterprise shall not evade, impede or refuse such audits.
The Electricity Transmission and Distribution Enterprise or Renewable Energy-Based Electricity Generating Enterprise may employ a licensed and registered technician or an Electricity Equipment Inspection and Maintenance Enterprise registered in accordance with to Article 59 of this Act to perform inspections described in first paragraph of this Article.
The central competent authority shall establish rules governing the scope, items, elements, installation and other safety requirements of the User-end Electricity Equipment described in first paragraph of this Article as well as the scope, criteria, interval and procedure of the inspections prescribed in the preceding paragraph.
Article 33
Any user that meets certain criteria regarding electricity usage, total building floor area, or number of stories of the structure, shall provide appropriate power distribution area(s) and channel(s) at the building site or inside the building structure free of charge to the Electricity Transmission and Distribution Enterprise for installation of distribution systems. The Electricity Transmission and Distribution Enterprise may refuse service to the user when such provisions are not available.
The central competent authority and the central competent building authority shall jointly prescribe the “certain criteria” mentioned in the preceding paragraph, and establish rules governing the methods, elements, construction procedure, safety measures, and other points of compliance regarding the provision of power distribution area(s) and channel(s).
Article 34
Should a fire or other disaster affect the area in proximity to Electricity Facilities owned by an Electricity Generating Enterprise or the Electricity Transmission and Distribution Enterprise, the respective Enterprise shall immediately dispatch technicians to set up high-visibility signs or marks to secure the area. The Enterprise may cut all or part of the electricity supply or remove any Electricity Facilities that pose a safety hazard.
Article 35
In case of a disaster, emergency or an event described in the previous paragraph, the affected Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise shall report the incident to the competent authorities at various levels of government in accordance with the required information to be reported, time limit, method and procedure specified by the central competent authority.
Article 36
Electricity Enterprises may install dedicated telecommunication facilities pursuant to the applicable provisions in the Telecommunications Act to fulfill the needs of operations, management, or safety protection.
For effective management of resources, the Electricity Transmission and Distribution Enterprise may apply for a telecommunication service provider license pursuant to paragraph 2 of Article 6 of this Act as well as the Telecommunications Act.
Article 37
When circumstances require that networks installed by Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise be set up in proximity to or in a joint structure with telecommunication networks, the networks may be set up in parallel to or crisscrossing with each other, or form a joint structure. Whichever the setup, the networks shall meet the safety requirements concerning spacing and construction regulations.
The central competent authority shall work in conjunction with the National Communications Committee to establish rules governing the paralleling, crossing or joint structures of the Electricity Generating and Transmission and Distribution Enterprises’ networks and telecommunication networks, as well as spacing requirements, construction safety, and other points of compliance.
Article 38
Any Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may use or access publicly owned land as well as rivers, ditches, bridges, dykes, roads, green space, parks, forests, and lands designated for public use for installation, construction or maintenance of networks. To use or access land for these purposes, the Enterprise shall notify the competent authority for said land in advance and comply with the applicable procedures and requirements.
Article 39
Any Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may install networks in the air above and the ground below public and private lands or buildings provided that the installation of said network does not affect the existing use and safety of said land or building. Except in an emergency situation, the Enterprise shall notify the owner or occupant of said land or building in writing 7 days prior to the date of construction. In the event that the owner or occupant raises an objection, the Enterprise may apply for a permit with the competent authority at the level of the municipal government or county (city) government to proceed with construction, but shall still notify the owner or occupant in writing 7 days prior to the commencement of construction.
In the event that the Electricity Transmission and Distribution Enterprise applies for a permit to proceed with construction as prescribed by the preceding paragraph, if the competent authority at the level of the municipal government or county (city) government does not finish processing the application within the time period prescribed in Article 51 of the Administrative Procedure Act, the Enterprise may apply directly to the central competent authority for the permit to proceed with construction.
Regulations governing public services or facilities as provided in the Urban Planning Law and the Regional Plan Act apply mutatis mutandis to the use or acquisition of land by Electricity Generating Enterprises for installation of power lines.
Regulations governing public services or facilities as provided in Article 8 of the Forestry Act apply mutatis mutandis to any Electricity Generating Enterprise with a lease on state-owned or public forest land for installation of power lines.
Regulations governing general facilities in fishing harbors as provided in Article 14 of the Fishing Port Act apply mutatis mutandis to any Electricity Generating Enterprise whose power lines are installed in the area of a fishing harbor.
Article 40
To protect networks and maintain the safety of the power supply, Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall notify the owner or occupant of the land on which the trees grow to fell or trim the trees with a given period of time, unless otherwise regulated by other laws. The Electricity Enterprise may take action to address the obstruction upon expiration of the given period, or if the notice cannot be delivered.
Article 41
For the work described in the three preceding articles, work sites and methods that result in no damage or minimizes damage shall be chosen and implemented. In the event that damage occurs, compensation shall be made based on the extent of the damage.
Article 42
The owner or occupant of land where existing power supply networks are located may request to move the networks when the designated use of the land is changed. The request shall be made in writing with reasons and submitted to the Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise that installed the network in question. Once the Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise has verified the request, the network may then be moved. The central competent authority shall establish rules governing how the cost of the associated work and materials are to be paid.
Article 43
Any Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may, take proactive action to address issues described in Articles 38 to 40 of this Act in order to avert particular risks or prevent unexpected disasters. The Enterprise shall report such actions to the competent authority at the level of the municipal government or county (city) government where the Enterprise is located within three days and notify the owner or occupant of the land.
Article 44
Disputes arising from issues described in Article 39 to Article 43 of this Act between an Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise and an owner or occupant of the land may be referred to the competent authority at the level of the municipal government or county (city) government where the company is located for resolution.
The central competent authority shall establish rules governing the method, period and mediation criteria for the resolution of disputes arising from land use by Electricity Generating Enterprises or the Electricity Transmission and Distribution Enterprise.
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