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Chapter Law Content

Title: The Electricity Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 8 Penalties
Article 71-1
Any person who, through theft, sabotage or other methods, endangers the proper operation of major power generation equipment, fuel storage and delivery equipment, control rooms, switching stations, information and communication rooms, in any hydropower plant with an installed capacity of 1,000,000 kilowatts or higher or any thermal power plant with an installed capacity of 1,200,000 kilowatts or higher, or ultra high voltage and above transformation and distribution facilities or system operator shall be sentenced to imprisonment between 1 and 7 years; in addition thereto, a fine not more than NT$10,000,000 may be imposed.
Any person who commits an offense under the preceding paragraph with the intention to endanger national security or social stability shall be sentenced to imprisonment between 3 and 10 years; in addition thereto, a fine not more than NT$50,000,000 may be imposed.
Any person who commits the offenses specified in the preceding two paragraphs resulting in a disaster shall have their sentence increased by up to one half; if the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than 7 years, and in addition thereto a fine not more than NT$100,000,000 may be imposed; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment between 5 and 12 years, and in addition thereto a fine not more than NT$80,000,000 may be imposed.
Any person who attempts without success to commit an offense specified in paragraphs 1 and 2 shall also be subject to penalty.
Article 71-2
Any person who endangers the proper operation of core information and communication systems in the electricity facilities specified in paragraph 1 of the preceding article by any of the following methods, shall be sentenced to imprisonment between 1 and 7 years; in addition thereto, a fine not more than NT$10,000,000 may be imposed.
1. Gaining access to another person’s computer or related equipment without proper reason by entering their account password, cracking the protective measures of the computer, or exploiting loopholes in the computer system.
2. Interfering without proper reason with another person’s computer or related equipment through the use of computer programs or other electromagnetic methods.
3. Obtaining, deleting or altering the electromagnetic records of another person’s computer or related equipment without proper reason.
Any person who creates computer programs for themselves or others to commit offenses specified in the preceding paragraphs shall be subject to the same penalty.
Any person who commits an offense under the three preceding paragraphs with the intention to endanger national security or social stability shall be sentenced to imprisonment between 3 and 10 years; in addition thereto, a fine not more than NT$50,000,000 may be imposed.
A person who commits the offenses specified in the preceding three paragraphs resulting in a disaster shall have their sentence increased by up to one half; if the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than 7 years, and in addition thereto a fine not more than NT$100,000,000 may be imposed; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment between 5 and 12 years, and in addition thereto a fine not more than NT$80,000,000 may be imposed.
Any person who attempts without success to commit an offense specified in paragraphs 1 to 3 shall also be subject to penalty.
Article 72
Any Electricity Enterprise that operates without obtaining an appropriate license pursuant to Article 15, shall be subject to a fine ranging from NT$2,500,000 to NT$25,000,000 imposed by the electricity industry regulatory agency and given a time limit to correct the violation. If the violation is of significant nature, the Electricity Enterprise may be ordered to suspend operations. An Electricity Enterprise that fails to take corrective action or continues operations after an order to suspend shall be fined consecutively.
Article 73
If the Electricity Transmission and Distribution Enterprise is found to engage in any of the below, a fine ranging from NT$2,500,000 to NT$25,000,000 shall be imposed by the electricity industry regulatory agency and given a time limit to correct the violation. If the Electricity Transmission and Distribution Enterprise fails to take corrective action upon the expiration of the time limit, it shall be fined consecutively:
1. Failing to manage electric power dispatching in accordance with paragraph 1, Article 8 of this Act;
2. Failing to draft rules governing electric power dispatching in accordance with paragraph 2, Article 8 of this Act; or a significant failure to manage electric power dispatching in accordance with the approved rules.
Article 74
Any Electricity Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$1,500,000 to $15,000,000 imposed by the electricity industry regulatory agency and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the time limit shall be fined consecutively:
1. Failing to provide necessary ancillary services in accordance with paragraph 1, Article 9 without justifiable reasons;
2. Rejecting a request for connecting to power grids in violation of Article 18;
3. Suspending or terminating operations without approval in violation of paragraph 1, Article 19;
4. Proceeding with a business merger or acquisition without approval in violation of Article 21;
5. Failing to provide reserve capacity for backup supply in accordance with paragraph 1, Article 27;
6. Failing to meet the announced Electricity Carbon Emission Factor standard prescribed in paragraph 1, Article 28;
7. Installing power lines that enable direct supply to users without approval in violation of paragraph 3, Article 45;
8. Failing to plan, build or maintain the national power grids in violation of paragraph 1, Article 46;
9. Refusing to install networks connecting power grids to users in violation of paragraph 2, Article 46;
10. Giving unduly differential treatment to certain users or refusing, without the required approval, to make power grids available to Electricity Enterprises in violation of paragraph 3, Article 46;
11. Installing the major power generation equipment in violation of paragraphs 1 and 2, Article 47;
12. Rejecting an user’s request for service in violation of paragraph 3, Article 47;
13. Failing to provide the service within the hours prescribed in Article 54;
14. Rejecting requests for emergency power supply by a government agency in violation of Article 57;
15. Failing to allocate the required funds to improve the operation and maintenance of the generation units, invest in pollution-minimizing infrastructure, and facilitate the advancement of renewable energy in violation of paragraph 1, Article 64.
Any Electricity Enterprise for which the violations described in subparagraph 2 and subparagraphs 7 to 15 of the preceding paragraph apply and receives penalty by the electricity industry regulatory agency twice, pursuant to the rules on consecutive penalties in the preceding paragraph, may be ordered to suspend its operations for three to six months or to replace the person in charge, and may have its electricity license revoked.
Article 75
Any Electricity Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by the electricity industry regulatory agency and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the time limit shall be fined consecutively:
1. Failing to appoint independent directors in accordance with paragraph 2, Article 4;
2. Operating in other electricity businesses in violation of paragraph 1, Article 6; operating in other industries without approval in violation of paragraph 2, Article 6; failing to implement an accounting system appropriate for separating the accounts of losses and profits of different businesses, or engaging in cross subsidization in violation of paragraph 3, Article 6; seriously violating the regulations governing the account separation system, accounting methods, procedures, and principles, as well as the supervision and management of accounting practices, as provided in paragraph 4, Article 6;
3. Commencing construction work without permission in violation of paragraph 1, Article 15;
4. Changing the energy source, installed capacity, or site address of the major power generation equipment without approval and commencing construction work in violation of paragraph 1, Article 16;
5. Serious failure to comply with the procedure for reporting reserve capacity, and rules regarding the period and the management thereof as prescribed in paragraph 3, Article 27.
Article 76
An Electricity Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by the central competent authority and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the time limit shall be fined consecutively:
1. Failing to install electricity facilities in accordance with the established rules governing the scope, items, layout, and safety requirements prescribed in paragraph 3, Article 25;
2. Failing to supply electricity of the required voltage and frequency prescribed in paragraph 1, Article 26;
3. Failing to install all required meters and instruments prescribed in Article 29;
4. Failing to install required safety protection devices prescribed in paragraph 1, Article 30;
5. Failing to perform regular inspection and maintenance of the electricity facilities and record the results as prescribed in paragraph 1, Article 31;
6. Failing to comply with the rules governing the installation of networks, spacing requirements, and construction safety as prescribed in paragraph 2, Article 37;
7. Failing to charge at the rates for the price of electricity and other charges approved under paragraph 2, Article 49;
8. Failing to employ a directorial engineer as prescribed in Article 58;
9. Failing to establish the electricity development assistance fund prescribed in paragraph 1, Article 65.
Any Electricity Enterprise that fails to announce the price of electricity and various rates and charges pursuant to paragraph 2, Article 49 shall be subject to a fine imposed by the central competent authority ranging from NT$500,000 to NT$5,000,000 and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the given time limit shall be fined consecutively.
Article 77
An Electricity Enterprise that fails to submit reports for future reference or to publicly announce information as prescribed in paragraph 1, Article 66, or violates paragraph 2 of the same article by refusing to supply supplementary information or accept auditing, shall be subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by electricity industry regulatory agency or the central competent authority and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the time limit shall be fined consecutively.
Article 78
An Electricity Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by the competent authority and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the given time limit shall be fined consecutively:
1. Failing to set up or update a power grid geographical information management system as prescribed in paragraph 2, Article 25, or refusing to provide supplementary information or to accept auditing as prescribed in the same article;
2. Failing to repair, alter or replace the electricity facilities or safety protection devices that do not conform to the requirements within the time limit in violation of paragraph 1, Article 67;
3. Evading, impeding or refusing auditing or inspection in violation of paragraph 2, Article 67.
Article 79
An Electricity Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$500,000 to NT$5,000,000 imposed by the electricity industry regulatory agency:
1. Evading, impeding or refusing the electricity industry regulatory authority’s order or audit in violation of paragraph 2, Article 12;
2. Failing to apply for renewal of the license within the prescribed time limit in violation of paragraph 1, Article 17;
3. Failing to apply for replacement of an outdated license within the prescribed time limit in violation of paragraph 3, Article 22;
An Electricity Enterprise for which the violations described in either subparagraph 1 or subparagraph 3 of the preceding paragraph apply may be given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the time limit shall be penalized consecutively.
Article 80
An Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise that fails to file reports as prescribed in Article 35 shall be subject to a fine ranging from NT$500,000 to NT$5,000,000 by the competent authority and given a time limit to correct the violation. The Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise that fails to correct the violations upon the expiration of the time limit shall be punished consecutively.
A Self-Use Power Generation Equipment operator that fails to file reports pursuant to Article 71 of the Act which applies Article 35 mutatis mutandis shall be subject to a fine ranging from NT$200,000 to NT$2,000,000 imposed by the competent authority and given a time limit to correct the violation. The operator that fails to correct the violations upon the expiration of the time limit shall be punished consecutively.
Article 81
An Electricity Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$500,000 to NT$5,000,000 imposed by the competent authority at the level of the municipal government or county (city) government and given a time limit to correct the violation. An Electricity Enterprise that fails to correct the violations upon the expiration of the time limit shall be punished consecutively:
1. Failing to perform required inspections, providing services to users when their equipment fails the inspections, failing to perform regular inspections, failing to keep a record of the regular inspections, or failing to notify non-conforming users to correct the deficiencies within a time limit in violation of paragraph 1, Article 32;
2. Evading, impeding or refusing to file reports, provide relevant information, or accept auditing in violation of paragraph 3, Article 32;
3. Failing to immediately dispatch technical personnel to set up high-visibility signs to secure the area as prescribed in Article 34;
4. Failing to report actions or notify parties within the prescribed time in accordance with Article 43;
5. Failing to obtain the required approval or file the report after the fact in accordance with Article 55;
6. Failing to verify the certificate of completion of work by a professional association member before allowing energization of equipment in violation of paragraph 2, Article 59;
7. Failing to verify the membership certificate issued by an appropriate electrical engineer association before reviewing and approving the service request for energization of electricity facilities or user-end electricity equipment in violation of paragraph 3, Article 59.
8. Failing to use the electricity development assistance fund according to the method and scope prescribed by the central competent authority, or evading, impeding, and refusing audits performed by the competent authority at the level of the municipal government or county (city) government in violation of paragraph 2, Article 65.
Article 82
An operator of Self-Use Power Generation Equipment for which any of the violations below apply shall be subject to a fine ranging from NT$200,000 to NT$2,000,000 and given a time limit to correct the violation. An operator that fails to correct the violations upon the expiration of the time limit shall be punished consecutively:
1. Installing a Self-Use Power Generation Equipment without permission in violation of paragraph 1, Article 68; significantly failing to comply with the rules governing the management of Self-Use Power Generation Equipment in paragraph 2, Article 68;
2. Selling electric power in violation of paragraph 1, Article 69;
3. Installing user-end electricity equipment in violation of paragraph 1, Article 70;
4. Failing to immediately dispatch technical personnel to set up high-visibility signs and secure the area as prescribed in Article 71 mutatis mutandis applying Article 34.
An operator of Self-Use Power Generation Equipment for which any of the violations described in subparagraphs 1 to 3 of the preceding paragraph apply and whose installed capacity is 2,000 kilowatts or more, shall be subject to disciplinary actions imposed by the electricity industry regulatory agency; an operator whose installed capacity is below 2,000 kilowatts shall be subject to disciplinary actions imposed by the competent authority at the level of the municipal government or county (city) government.
An operator of Self-Use Power Generation Equipment for which the violations described in subparagraph 4, paragraph 1 of this article apply, shall be subject to disciplinary actions imposed by the competent authority at the level of the municipal government or county (city) government.
Article 83
A Contract Electric Equipment Installer or Electricity Equipment Inspection and Maintenance Enterprise that operates without the required registration is subject to a fine ranging from NT$200,000 to NT$2,000,000 imposed by the competent authority at the level of the municipal government or county (city) government.
A Contract Electric Equipment Installer or Electricity Equipment Inspection and Maintenance Enterprise for which the violations described in the preceding paragraph apply may be given a time limit to correct the violation by the competent authority at the level of the municipal government or county (city) government, or ordered to suspend operations if the violation is of serious nature. An Installer or Administrator that fails to correct the violations or suspend operations upon the expiration of the time limit shall be fined consecutively.
Article 84
A Contract Electric Equipment Installer or Electricity Equipment Inspection and Maintenance Enterprise for which any of the violations below apply shall be subject to a fine ranging from NT$100,000 to NT$1,000,000 imposed by the competent authority at the level of the municipal government or county (city) government:
1. Failing to join an appropriate trade association in accordance with paragraph 1, Article 59;
2. Employing personnel whose qualifications do not meet the criteria to work in the field of electrical engineering prescribed in paragraph 5 or 6, Article 59;
3. Violating paragraph 1, Article 62;
4. Violating paragraph 2, Article 62 by evading, impeding or refusing to file reports, provide information or accept auditing.
A Contract Electric Equipment Installer or Electricity Equipment Inspection and Maintenance Enterprise for which any of the violations described in the preceding paragraph apply may be given a time limit to correct the violation by the competent authority at the level of the municipal government or county (city) government, and shall be penalized consecutively if it fails to correct the violations upon the expiration of the time limit. If the violation described in subparagraph 1 of the preceding paragraph is of significant nature, the violator may be ordered to suspend operations for three to six months or have its registration revoked.
Article 85
A trade association that fails to comply with paragraph 1, Article 59 by refusing the membership application of a Contract Electric Equipment Installer or Electricity Equipment Inspection and Maintenance Enterprise shall be subject to a fine ranging from NT$100,000 to NT$1,000,000 imposed by the central competent authority and given a time limit to correct the violation. A trade association that fails to correct the violations upon the expiration of the time limit shall be punished consecutively.
An industrial plant, mine, or building for public use or location fed by electricity classified as high voltage or above whose person-in-charge violates paragraph 1, Article 60 of this Act by failing to employ a full-time electrical technician or to entrust an Electrical Equipment Inspection and Maintenance Administrator to maintain the safety of the use of electrical facilities within the boundary of the electricity supply infrastructure shall be subject to a fine ranging from NT$100,000 to NT$1,000,000 by the central competent authority and given a time limit to correct the violation. A violator that fails to correct the violations upon the expiration of the time limit shall be fined consecutively, and Electricity Enterprises shall be notified to suspend power supply.
Article 86
An operator of Self-Use Power Generation Equipment for which any of the violations below apply shall be subject to a fine ranging from NT$50,000 to $500,000 imposed by the competent central authority and given a time limit to correct the violation. An operator that fails to correct the violations upon the expiration of the time limit shall be fined consecutively:
1. Failing to install Self-Use Power Generation Equipment in compliance with the rules governing the scope, items, layout, safety issues of the electricity supply infrastructure prescribed in Article 71 applying paragraph 3, Article 25 mutatis mutandis;
2. Failing to supply electricity of the required voltage and frequency as prescribed in Article 71 applying paragraph 1, Article 26 mutatis mutandis;
3. Failing to install all necessary meters and instruments as prescribed in Article 71 applying Article 29 mutatis mutandis;
4. Failing to install safety devices as prescribed in Article 71 applying paragraph 1, Article 30 mutatis mutandis;
5. Failing to perform regular inspection and maintenance of the Self-Use Power Generation Equipment and record the inspection and maintenance results, as prescribed in Article 71 applying paragraph 1, Article 31 mutatis mutandis;
6. Failing to install networks as prescribed in Article 71 applying paragraph 1, Article 37 mutatis mutandis;
7. Failing to employ a directorial engineer as prescribed in Article 71 applying Article 58 mutatis mutandis.
Article 87
A violator for which any of the violations below apply shall be subject to a fine ranging from NT$10,000 to NT$100,000 imposed by the competent authority at the level of the municipal government or county (city) government and given a time limit to correct the violation. The violator that fails to correct the violations upon the expiration of the time limit shall be punished consecutively:
1. A person whose qualifications do not meet the criteria prescribed in paragraph 5 or paragraph 6, Article 59 to working in the field of electrical engineering;
2. Failing to comply with the rules governing the management of the Contract Electric Equipment Installer and the Electricity Equipment Inspection and Maintenance Enterprise prescribed in paragraph 7, Article 59;
3. The person-in-charge of an industrial plant, mine, or building for public use, or a location fed with electricity classified as high voltage or above violating Paragraph 1, Article 60 of this Act by failing to register or regularly filing the inspection records, or violating Paragraph 2 of the same article by failing to comply with the rules governing record-keeping methods for and management of electrical equipment and location, management of the full-time electrical technical personnel, or other points of compliance;
4. Full-time electrical technical personnel violating Article 63 of this Act.
For a violator for which the violations described in subparagraph 3 of the preceding paragraph apply, the competent authority at the level of the municipal government or county (city) government may work in conjunction with Electricity Enterprises to stop electric supply to the location where the person-in-charge fails to duly register or to file regular inspection reports.