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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
The Electricity Generating and Transmission and Distribution Enterprises shall set up the Electricity Facilities accordingly.
The Electricity Transmission and Distribution Enterprise shall set up a power grid geographical information management system to record, amongst other things, the names of the power networks, voltages, locations of distribution and usage, and update the information whenever appropriate. The competent authority may order the Electricity Transmission and Distribution Enterprise to provide the information relating to the Power Grids, to supplement more information or dispatch personnel for inspection.
The central competent authority shall establish the rules governing the scope, items, layout, safety issues of the Electricity Facilities described in the first paragraph of this Article and other related matters.
Article 26
The Electricity Enterprise shall provide electricity according to the prescribed voltage and frequency standards. The restriction does not apply when the central competent authority approves otherwise for reasons of special circumstances.
The central competent authority shall establish the voltage and frequency standards described in the previous paragraph.
Article 27
To ensure the stability and safety of the power supply, the Electricity Generating and Retailing Enterprises in selling the electric energy to users shall prepare the appropriate level of electricity reserve capacity based on its electricity sales, and duly report to the electricity industry regulatory authority. However, the restriction does not apply to Renewable-Energy-Based Electricity Generating Enterprise below a certain capacity. To meet the required capacity, an Electricity Generating Enterprise may either use its resources to generate power or purchase from other Electricity Generating Enterprise, Self-Use Power Generation Equipment or Demand Response providers.
The “certain capacity” mentioned in the previous paragraph is stipulated according to the announcement of the electricity industry regulatory authority.
The electricity industry regulatory authority shall establish the rules governing the contents of the electricity reserve capacity, calculation formula, criteria and scope, application procedure and period, review, auditing, management and other related matters.
Article 28
When an Electricity Retailing Utility Enterprise sells electric power to its users, the sold electric power shall have an Electricity Carbon Emission Factor that meets the electricity carbon emission factor criteria and be reported to the electricity industry regulatory authority.
The Electricity Carbon Emission Factor criteria described in the previous paragraph are stipulated by the electricity industry regulatory authority according to the national energy and carbon reduction policies, and announced on a regular basis.
For the Electricity Carbon Emission Factor described in the first paragraph of this Article, the electricity industry regulatory authority shall set out the rules governing the method of calculation, reporting procedure and period, review, auditing, management and other related matters thereof.
Article 29
An Electricity Enterprise is required to install all necessary electric meters or similar instruments for recording of the electric quantity, voltage, frequency, power factor, loading and other related information.
Article 30
The Electricity Generating and Transmission and Distribution Enterprises shall duly install safety devices to protect the Electricity Facilities.
The central competent authority prescirbes the location, method, maintenance and safety issues of these safety protection installations described in the previous paragraph and other related matters.
Article 31
The Electricity Generating and Transmission and Distribution Enterprises shall perform regular inspection and maintenance of the Electricity Facilities and duly record the inspection and maintenance findings.
The central competent authority shall establish rules governing the items of inspection and maintenance as prescribed in the previous paragraph, the interval thereof and other related matters.
Article 32
The Electricity Transmission and Distribution Enterprise or Renewable-Energy-Based Electricity Generating Enterprise that installs private Networks to make Direct Supply to the users shall perform inspection of the User’s Electricity Device; the service can only be connected when the device passes the inspection. The Electricity Transmission and Distribution Enterprise or Renewable-Energy-Based Electricity Generating Enterprise shall perform regular inspection of the utilization equipment installed by the Users and record the results. In the event that non-conformity is found, a time period shall be specified for the user to make rectification. The Electricity Transmission and Distribution Enterprise or Renewable-Energy-Based Electricity Generating Enterprise may stop servicing a user that refuses to undergo inspection or fails 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, when appropriate, to facilitate such inspection described in the previous 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 provide the information concerning the inspection described in the first paragraph of this Article and the results thereof, and send personnel to 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 auditing.
The Electricity Transmission and Distribution Enterprise or Renewable-Energy-Based Electricity Generating Enterprise may employ a duly licensed and registered technician or a Power Facility Inspection and Maintenance Administration duly registered pursuant to Article 59 of this Act to perform the inspection described in first paragraph of this Article.
The central competent authority shall establish rules governing the scope, items, elements, installation and other safety issues of the User’s Electricity Device described in first paragraph of this Article as well as the scope, criteria, interval and procedure of the inspection prescribed in the previous paragraph.
Article 33
When the user’s usage, total floor area of the building or the story of the structure meet certain criteria, the appropriate power distribution site and channel(s) shall be furnished at the building site or inside the building structure and made available to the Electricity Transmission and Distribution Enterprise free of charge for installation of the distribution systems. The Electricity Transmission and Distribution Enterprise may refuse to provide services to the user when such furnishing is not available.
The central competent authority and the central competent building authority shall jointly prescribe the “certain criteria” mentioned in the previous paragraph and establish the rules governing the method of establishment of the power distribution site and channel(s), elements, construction procedure, safety measures and other related matters.
Article 34
When a fire breaks out or disaster hits the area in the proximity of the Electricity Facilities owned by the Electricity Generating and Transmission and Distribution Enterprises, the Electricity Generating and Transmission and Distribution Enterprises shall immediately dispatch technicians to set up high-visibility signs or marks for protection and may cut down all of part of the electricity supply or remove the hazardous electricity facilities.
Article 35
In case of a disaster, emergency or an event described in the previous paragraph, the affected Electricity Generating and Transmission and Distribution Enterprises shall report such incident to the competent authorities at different levels of the government by complying with the requirements for the items to be reported, time limit, method and procedure specified by the central competent authority.
Article 36
Electricity Enterprises may install private telecommunication facilities pursuant to the applicable regulations provided in the Telecommunications Act to safeguard the needs of operation, management or safety protection.
For effective management of resources, an Electricity Transmission and Distribution Enterprise may apply for the license as a telecommunication service provider pursuant to Paragraph 2 of Article 6 of this Act as well as the Telecommunications Act.
Article 37
When the circumstances require that the networks installed by the Electricity Generating and Transmission and Distribution Enterprises be set up in proximity to or jointly 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 must meet the safety requirements concerning the space interval 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, the space interval, construction safety and other related matters.
Article 38
An Electricity Generating or Transmission and Distribution Enterprise may use or access the public land and rivers, ditches, bridges, dykes, roads, green space, parks, forests and other public lands for installation, construction or maintenance of the networks. To use the land for these purposes, the Electricity Generating or Transmission and Distribution Enterprise shall send a prior notice to the competent authority and comply with the applicable procedures and requirements.
Article 39
An Electricity Generating or Transmission and Distribution Enterprise may install networks above and below the public and private lands or buildings as long as the installation of which does not affect the original use and safety of the property being used. Unless an emergency occurs, a written notice has been made to the owner or occupant thereof by the Electricity Generating or Transmission and Distribution Enterprise seven days before the date of construction. In the event that the owner or occupant raises an objection, the Electricity Generating or Transmission and Distribution Enterprise may apply for a permit with the competent authority at the level of the municipal government or county (city) government and proceed with construction, but shall still send out a written notice to the owner or occupant seven days prior to the commencement of construction.
Per the previous paragraph, an Electricity Transmission and Distribution
Enterprise may apply for a permit to proceed with construction. If the competent authority at the level of the municipal government or county (city) government does not finish processing the application within the established processing time period as prescribed in Article 51 of the Administrative Procedure Act, the Electricity Enterprise may apply directly to the central competent authority for a permit to proceed with construction.
The regulations governing the 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 the land by Electricity Generating Enterprises for installation of powerlines.
The regulations governing the public services or facilities as provided in Article 8 of the Forestry Act apply mutatis mutandis to an Electricity Generating Enterprise that rents the state-owned or public forest land for installation of powerlines.
The regulations governing the general facilities in a fishing harbor as provided in Article 14 of the Fishing Port Act apply mutatis mutandis to an Electricity Generating Enterprise whose installation of powerlines is located in the area of a fishing harbor.
Article 40
To protect the networks and maintain the safety of the power supply, the Electricity Generating and Transmission and Distribution Enterprises shall notify the owner or occupant of the trees obstructs the networks to fell or trim the trees with a given period of time unless the law states otherwise. The Electricity Enterprise may take actions to address the obstruction upon expiration of the given period after the notice or failure to deliver the notice.
Article 41
In implementing the measures prescribed in the three preceding articles, a proposal that involves a site or method that results in no loss or minimizes the loss shall be chosen and implemented. If the action does lead to losses, compensation shall be made based on the extent of the loss.
Article 42
The owner or occupier of the land where the 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 installs the network in question. Once the Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise verifies the facts presented in the request, the network may then be moved. The central competent authority shall establish rules governing the payment for the material and cost associated with the movement.
Article 43
The Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may, for the purpose of managing special risks or preventing unusual hazards, take actions to address the issues as described in Articles 38 to 40 of this Act. The company shall report such actions to the competent authority of the competent authority at the level of the municipal government or county (city) government where the company is located within 3 days and notify the owner or occupier of the land.
Article 44
Disputes arising out of the 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 occupier of the land may be submitted to the jurisdiction of 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 out of the use of the land by an Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise.