Chapter 5 Business Operation
Article 45
Electric power generated by Electricity Generating Enterprises may only be sold to a Public Electricity Retailing Utility or to the Electricity Transmission and Distribution Enterprise for ancillary services. This restriction does not apply to Renewable Energy-Based Electricity Generating Enterprises.
Renewable Energy-Based Electricity Generating Enterprises with power lines connecting to the power grid may supply electric power to users via wheeling through the power grids.
Renewable Energy-Based Electricity Generating Enterprises may install power lines for direct supply to users, if approved by the electricity industry regulatory agency.
The electricity industry regulatory agency shall establish rules governing the qualification, prerequisites, required documents, review criteria, and other related matters for Renewable Energy-Based Electricity Generating Enterprises that apply to engage in direct supply.
The provisions in the three preceding paragraphs shall come into effect within one year after the publication of the amendments to this Act on January 11, 2017. The Executive Yuan shall decide the effective date. However, the electricity industry regulatory agency may review the status of electric power dispatching and request postponement of the effective date to the Executive Yuan. The postponement may be requested no more than two times. The first postponement shall be limited to one year and the second to six months.
Article 46
The Electricity Transmission and Distribution Enterprise shall plan, build, and maintain the power grids across the country.
The Electricity Transmission and Distribution Enterprise shall not reject any user’s request for installation of networks connecting the power grid to the user’s location, except with justifiable reasons and approval by the electricity industry regulatory agency.
The Electricity Transmission and Distribution Enterprise shall make power grids available for use by Electricity Generating Enterprises or Electricity Retailing Enterprises based on the principles of fairness and openness, allowing said enterprises to wheel electric power and charging fees accordingly. Differential treatment to certain suppliers is prohibited, except with justifiable reasons and approval by the electricity industry regulatory agency.
The Electricity Transmission and Distribution Enterprise may charge the users for installation of networks as prescribed in paragraph 1 of this Article, except for residential users in remote areas.
Article 47
Electricity Retailing Utilities may purchase electric power from Electricity Generating Enterprises or Self-Use Power Generation Equipment operators for wheeling to users. Installation of Major Power Generation Equipment is prohibited.
Renewable Energy-Based Electricity Retailing Enterprises may purchase electric power generated by Renewable Energy-Based Power Generation Equipment for wheeling to users. Installation of Major Power Generation Equipment is prohibited.
Electricity Retailing Utilities shall not reject a user’s request for service except with justifiable reasons and approval by the electricity industry regulatory agency.
To ensure the effective implementation of energy saving and carbon emission reduction policies, Electricity Retailing Enterprises shall design annual incentive programs encouraging and assisting users to save energy. The incentive programs shall be submitted to the electricity industry regulatory agency for future reference.
The electricity industry regulatory agency shall annually publish the energy savings and carbon emission reductions achieved as a result of the incentive programs instituted by Electricity Retailing Enterprises to meet national energy saving and carbon emission reduction goals.
Article 48
Electricity Retailing Utilities may charge a set fee based on a minimum usage level per month or based on the capacity required by the user.
If the Public Electricity Retailing Utility charges a fee based on a minimum monthly consumption level, as described in the preceding paragraph, the user shall be charged based on actual usage if the actual monthly usage exceeds said monthly minimum.
Article 49
The central competent authority shall establish the formulae for calculating the various rate tariffs assessed by the Public Electricity Retailing Utility and Electricity Transmission and Distribution Enterprise.
The Public Electricity Retailing Utility and the Electricity Transmission and Distribution Enterprise shall determine the price of electricity and other charges based on the calculation formula in the preceding paragraph, report the rates to the central competent authority for approval, and publicly announce the rates after approval is received. The same process applies when the rates are amended.
The central competent authority shall hold public hearings before deciding on the formulae for calculating the price of electricity and the various charges described in the first paragraph of this Article. The same process applies when the rates are amended.
The central competent authority shall invite other government agencies, scholars and experts, and related civic organizations to participate in the Electricity Tariff Examination Council, which shall be responsible for reviewing and determining the price of electricity, rate tariffs, and other related matters.
Scholars, experts, and representatives from relevant civil organizations shall make up no less than half of the members of the Examination Council in the preceding paragraph. The central competent authority shall base on the preceding of fairness, impartiality, and transparency to establish rules governing review methods and other matters to be considered.
Article 50
The Public Electricity Retailing Utility shall formulate regulations governing its business operations, which shall be publicly promulgated after submission to the electricity industry regulatory agency for approval. The same process applies when the regulation is amended.
Renewable Energy-Based Electricity Generating Enterprises and Renewable Energy-Based Electricity Retailing Enterprises which sell electric power to users shall formulate regulations governing their business operations and submit the regulations to the electricity industry regulatory agency for future reference within 30 days of formulation. The same process applies when the regulation is amended.
Article 51
Users that receive service via the Electricity Transmission and Distribution Enterprise’s network shall make available free of charge a site for installation of an electricity meter.
The electricity meters prescribed in the preceding paragraph shall be installed and maintained by the Electricity Transmission and Distribution Enterprise.
Article 52
The Public Electricity Retailing Utility shall supply electric power to other public utilities including municipal water, electric trains, and electric railways, as well as public and private schools at all levels, shelter workshops, registered social welfare organizations, and nursing homes at a discounted rate that is below the average price of electricity but no lower than the cost of supplying the power.
The Public Electricity Retailing Utility shall supply electric power for the life support systems and essential assistive devices in households of people with physical or mental disabilities at either the lowest block rate for their usage level or the cost of supplying the power, whichever is lower.
The Public Electricity Retailing Utility shall supply electric power for street lights on public roads at a discounted rate that is below the average price of electricity but no lower than half of the average rate for powering lighting devices.
The shelter workshops, registered social welfare organizations, and nursing homes as mentioned in the first paragraph of this Article are subject to recognition and approval by the central competent authority for their respective purposes.
The central competent authority shall set the pricing of the services described in the first paragraph of this article.
The central competent authority shall work in conjunction with the relevant central competent authority to establish rules governing the eligibility criteria for recognition as a household with members with physical or mental disabilities, the defined scope of life support systems and essential assistive devices, and the calculation method for the price of electricity.
Article 53
When the Public Electricity Retailing Utility supplies electricity at a discount rate pursuant to paragraphs 1 to 3 of the preceding article, the competent authorities that oversee the respective purposes of the groups receiving the discounts may provide funding to subsidize the shortfall.
Article 54
The Public Electricity Retailing Utility shall supply electric power at all hours. However, restrictions on the availability of supply at certain hours may be allowed for special circumstances with the approval of the electricity industry regulatory agency.
Article 55
In the event that the Public Electricity Retailing Utility is forced to cut power to all or part of its users due to circumstances allowing for no other choice, the power cut shall be reported to the competent authority at the level of the municipal government or county (city) government for approval and publicly announced in advance, unless the interruption occurs due to an unexpected failure, in which case the report may be filed later. The competent authority at the level of the municipal government or county (city) government shall report the power cut to the electricity industry regulatory agency for approval if the power cut lasts more than 15 days.
Article 56
For any unauthorized consumption of electricity, Renewable Energy-Based Electricity Generating Enterprises and Electricity Retailing Enterprises may calculate the loss based on the unauthorized user’s installed equipment, type of consumption, and watts or horsepower consumed in relation to the hours of service availability and the price of electricity assigned by the Enterprise, and claim compensation against the unauthorized user accordingly. The maximum compensation shall not exceed the price of one year of electricity.
The electricity industry regulatory agency shall establish rules governing the investigation, recognition, compensation criteria, and resolution of the unauthorized consumption of electricity described in the preceding paragraph.
Article 57
When the government requests emergency electric power supply for disaster prevention, Electricity Generating Enterprises and Self-Use Power Generation Equipment operators shall give priority to providing emergency supply and the Electricity Transmission and Distribution Enterprise shall give the priority to the emergency power supply in dispatching. The requesting government agency is responsible for paying for the emergency supply provided.