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Chapter Law Content

Title: The Electricity Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 6 Supervision and Management
Article 58
The Electricity Generating Enterprise and Electricity Transmission and Distribution Enterprise shall set up a directorial engineer position; the qualification of which is to be determined by the central competent authority.
Article 59
The Contract Electric Appliance Installer and the Power Facility Inspection and Maintenance Administration shall register with the competent authority at the level of the municipal government or county (city) government and join the trade association appropriate for the industry within one month of registration before beginning the business operation. A trade association appropriate for the industry shall not reject the enrollment of the said installer and administrations.
The installation, construction and retrofitting of the user utilization equipment shall be undertaken by a Contract Electric Appliance Installer. The energization of the equipment may begin only after the installer notifies the electricity corporations of the completion of the work and activation of the service by submitting a certificate of completion of work by a member issued by an electrical contractor association. The restriction does not apply when other regulations stipulate otherwise.
The review and approval or energization of the electricity facilities or user’s electricity devices may not begin without first submitting a membership certificate issued by the respective electric engineer association along with the drawing design and description or the report of completion of the tasks of electricity facilities and user’s electricity devices to be designed or supervised by lawfully registered and practicing professional electrical engineers, that are submitted for electricity corporations review and approval.
Said electrical engineers shall not practice the design or installation supervision business for electricity facilities or user’s electricity devices before enrolling in the local electrical engineer association, which shall not reject the enrollment of the said engineers.
The personnel employed by the Contract Electric Appliance Installer and the Power Facility Inspection and Maintenance Administration to work in the field of electrical engineering shall possess one of the following qualifications:
1. The person has satisfactorily passed the examinations for professional engineers in the field of electrical engineering and thereby possessed a certificate of professional engineer.
2. The person has satisfactorily passed the proficiency tests in the field of electrical engineering and thereby possessed a certificate of technician.
3. The person has become a certified electrician by duly passing the appropriate examinations accordingly to the applicable laws and regulations before March 5, 2007, when the amended provisions became effective.
For the current technical personnel in the field of electrical engineering registered with the competent authority at the level of the municipal government or county (city) government, or the technical personnel who had registered with the said authority for a period of more than six months prior to the amendment of this Act which became effective on January 11, 2017, the personnel whose qualifications do not meet the criteria provided in the previous paragraph after the amendment of this Act still retain the qualification as an electrical technical personnel of the originally registered class.
The central competent authority shall establish rules governing the qualifications, prerequisites, registration, revocation or cancellation of the registration, and management of the Contract Electric Appliance Installer and the Power Facility Inspection and Maintenance Administration.
Article 60
Industrial plant, mine field and structures and buildings for public use that are installed with power equipment, and power-use locations that are fed by electricity classified as high voltage or above shall employ a full-time electrical technician or entrust to an electricity facilities inspection and maintenance service provider to ensure the safety of general and emergency power equipment use within the boundary lines of the electricity supply equipment of the electricity corporations, and register with the local competent authority.
The central competent authority shall establish rules governing the scope of electrical equipment and energized facilities, registration, revocation or cancellation of registration, maintenance, time limits for reporting, method of documentation and management, as well as the recognition of the full-time electrical technical personnel, qualifications, management and other related matters.
Article 61
The tasks of design and installation supervision of electricity facilities and user energization equipment that fall within the scope defined by the central competent authority shall be administered by legally registered and practicing professional electrical engineers or related professional engineers. The tasks outside the said scope shall be administered by professional electrical engineers or electric appliance installers. However, the said tasks for the exclusive use by government agency or state-owned enterprises may be administered by the employees of the respective government agency or state-owned enterprises who have legally obtained certification as professional electrical engineers or relevant professional engineers.
The scope of the user’s electricity devices in the preceding paragraph shall be consistent with the pre-existing scope of electricity corporations in force prior to the promulgation of amendment of this Act made on January 19, 2005. As amending the said scope, the central competent authority shall consult professional electrical engineer association, electrical contractors association and other trade associations.
In the event that an electricity corporation or a user fails to comply with Paragraph 1 of this Article, the central competent authority may forbid the supplier to use the electricity facilities in question, or the electrical corporations shall not energize the user’s electricity devices in question.
Article 62
The Contract Electric Appliance Installer and the Power Facility Inspection and Maintenance Administration are prohibited from engaging in the following acts:
1. To use the license registered to others;
2. To allow others to use its registered license;
3. To participate in the tendering process or accept contracts during the period of closure for business;
4. To reduce or downgrade the construction material to save on cost;
5. To subcontract or hire out the contracts to unlicensed service providers;
6. The percentage of subcontracts exceeds 40% of the total contract price;
7. To issue reports that contain false information about installation, inspection, and maintenance services performed on a contract.
To manage the Contract Electric Appliance Installer and the Power Facility Inspection and Maintenance Administration, to protect the public interest and safety, or in response to the needs arising in the process of auditing the measures and qualifications for registration as prescribed in the previous paragraph, the competent authority may demand the Contract Electric Appliance Installer or the Power Facility Inspection and Maintenance Administration to supply relevant information, and send personnel to perform auditing when necessary. The Contract Electric Appliance Installer or the Power Facility Inspection and Maintenance Administration shall not evade, impede or refuse such requests.
Article 63
The full-time electrical technical personnel in the energized facilities are prohibited from making false claims or misrepresentation of information in the statements and reports made in the course of carrying out his/her duty.
Article 64
An Electricity Generating Enterprise shall comply with the following rule in determining the allocation of the annual profits. Allocation of the annual net profit (not including those from the generation of renewable-energy-based electricity) whose portion over the total paid-in capital shall be prioritized to the measures of improving the operation and maintenance of the machineries, investing in the pollution-minimizing infrastructure and facilitating further advancement in the renewable energy. The allocation requirements are set out below:
1. When the annual net profit is more than 10% but less than 25% of the total paid-in capital, 50% of the amount in excess of the total paid-in capital shall be allocated.
2. When the annual net profit exceeds the total paid-in capital by 25% or more, the full amount in excess of the total paid-in capital shall be allocated.
50% of the allocated amount prescribed above shall be used in measures of improving the operation and maintenance of the machineries as well as investment in the pollution-minimizing infrastructure as the remaining 50% shall be invested in the development of renewable energy.
When the annual net profit is less than 10% of the paid-in capital, the central competent authority shall order the Electricity Generating Enterprise to engage in hardware improvements based on the findings of the inspection and maintenance performed according to Article 31.
Paragraph 1 of this article does not apply to the electricity producers whose Electricity Carbon Emission Factor for generation of electric energy is better than the standard prescribed by the electricity industry regulatory authority in accordance with Paragraph 2 of Article 28 hereunder.
The electricity industry regulatory authority shall establish the rules governing affirmation, use, management and supervision of the funds used to improve the operation and maintenance of the machineries, to invest in the pollution-minimizing infrastructure, and to facilitate the development of the renewable energy.
Article 65
To facilitate the development and operation of the electric power, to develop the areas in the proximity of the Electricity Generation, Transformation and Distribution Facilities, and to bring welfare to the residents thereof, the Electricity Generating Enterprise and Electricity Transmission and distribution Enterprise shall allocate assistance fund to facilitate the development of electric power to assist the competent authority at the level of the municipal government or county (city) government in promoting development of electricity and harmony with the communities. The given assistance fund is on the basis of a certain percentage of the kilowatts of electricity generated or transmitted.
The central competent authority shall establish the rules governing the method, scope and supervision of the use of the electricity development assistance fund prescribed in the previous paragraph. The competent authority at the level of the municipal government or county (city) government may send personnel to audit the use when necessary. The electricity producers and distributors shall not evade, impede or refuse such auditing.
This article does not apply to Renewable-Energy-Based Electricity Generating Enterprise except for producers of electricity by wind power and with solar power-generating infrastructure of certain capacity.
The percentage allocation of compensation to facilitate the development of electric power as prescribed in Paragraph 1 of this Article and the “certain capacity” mentioned in Paragraph 3 of this Article are to be defined and announced by the central competent authority.
The competent authority at the level of the municipal government or county (city) government shall disclose the use of the electricity development funds in quarterly reports online.
Article 66
To ensure open access of information, Electricity Enterprise shall draft monthly summary reports on the operation, supply and demand of the electric energy and the company’s financial status on a monthly basis as well as an annual report within three months as one business year ends, and distribute the reports to the electricity industry regulatory authority and the central competent authority for future reference. Open access to the information shall be provided.
The electricity industry regulatory authority or central competent authority may order the supplier to supply supplementary information about the monthly summary reports and annual reports or send personnel for a site inspection.
The information available to the general public as well as the content and format of the monthly summary reports and annual reports are to be defined and announced by the electricity industry regulatory authority.
Article 67
The equipment of Electricity Enterprises and the safety protection devices prescribed in Paragraph 1 of Article 30 herein are subject to the inspection performed by the competent authority at any time. In case of failure to conform to the requirements, repair, modification or replacement within the time limit is required. Should the potential of imminent danger occur, the works and the use of devices may be suspended by order.
The Electricity Generating Enterprise and Electricity Transmission and Distribution Enterprise shall not evade, impede or refuse such auditing prescribed in the previous paragraph.