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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
An Electricity Enterprise that operates without obtaining an appropriate license pursuant to Article 15 is subject to a fine ranging from NT$2,500,000 to NT$25,000,000 imposed by the electricity industry regulatory authority, and a time limit is given to correct the violation. If the violation is of very serious nature, the Electricity Enterprise may be ordered to wind up. The Electricity Enterprise failing to take corrective actions or continues its business operation despite the order of suspension shall be fined consecutively.
Article 73
An Electricity Transmission and Distribution Enterprise that fits in one of the situations described below is subject to a fine ranging from NT$2,500,000 to NT$25,000,000 imposed by the electricity industry regulatory authority and given a period to correct the violation. The Electricity Transmission and Distribution Enterprise that fails to take corrective actions upon the expiration of the given period shall be fined per violation:
1. Failing to manage the electric power dispatching pursuant to Article 8, Paragraph 1 of this Act;
2. Failing to draft a rule governing the electric power dispatching pursuant to Article 8, Paragraph 2 of this Act; or failing to manage the electric power dispatching according to the approved rule as the failure is of serious nature.
Article 74
An Electricity Enterprise that fits into one of the situations described below is subject to a fine ranging from NT$1,500,000 to $15,000,000 imposed by the electricity industry regulatory authority and given a period to correct the violation. Failure to correct the violations upon the expiration of the given period shall subject the Electricity Enterprise to a penalty consecutively:
1. Failing to provide necessary support services required in Article 9, Paragraph 1 without reasonable justifications;
2. Rejecting a request for connecting the power grids in violation of Article 18;
3. Suspending or terminating the business without approval in violation of Article 19, Paragraph 1;
4. Proceeding with a business merger without approval in violation of Article 21;
5. Failing to make available certain capacity for backup supply required in Article 27, Paragraph 1;
6. Failing to meet the announced Electricity Carbon Emission Factor standard required in Article 28, Paragraph 1;
7. Installing powerlines that enable direct power supply to the users without approval in violation of Article 45, Paragraph 3;
8. Failing to plan, build or maintain the power networks across the country in violation of Article 46, Paragraph 1;
9. Refusing to install the network connecting the power grids to the users in violation of Article 46 Paragraph 2;
10. Giving unfairly differential treatments to certain users or refuse, without the required approval, to make the power grids available to Electricity Enterprise for utilization in violation of Article 46, Paragraph 3;
11. Installing the primary power-generating infrastructure in violation of Article 47, Paragraphs 1 and 2;
12. Rejecting an user’s request for services in violation of Article 47, Paragraph 3 of this Act;
13. Failing to provide the service within the hours prescribed in Article 54;
14. Rejecting the request for emergency services by a government agency in violation of Article 57;
15. Failing to allocate the required funds to improve the operation and maintenance of the machineries, to invest in the pollution-minimizing infrastructure and to facilitate the advancement of the renewable energy in violation of Article 64 Paragraph 1 of this Act.
An Electricity Enterprise that fits into one of the situations described in subparagraph 2 and subparagraphs 7 to 15 of the preceding paragraph is subject to penalty by the electricity industry regulatory authority. A supplier that has been disciplined twice according to the previous paragraph may be ordered to suspend its business operation for three to six months, to replace the person-in-charge of the supplier or to revoke the electricity supplier license.
Article 75
An Electricity Enterprise that fits into one of the situations described below is subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by the electricity industry regulatory authority and given a period to correct the violation. The Electricity Enterprise that fails to correct the violations upon the expiration of the given period shall be fined consecutively:
1. Failing to set up the office of an independent director required in Article 4, Paragraph 2;
2. Engaging in the business operation of other aspects of the Electricity Enterprise in violation of Article 6, Paragraph 1; engaging in the business operation of other industries without approval in violation of Article 6, Paragraph 2; failing to implement an accounting system appropriate for keeping accounts of the losses and profits of the respective operations, or engaging in cross subsidization in violation of Article 6, Paragraph 3; violating the regulations governing the accounting separation system, accounting methods, procedures and principles as well as the supervision and management of the accounting practices, as provided in Article 6, Paragraph 4, and the circumstances are considered serious;
3. Commencing the construction work without permission in violation of Article 15, Paragraph 1;
4. Changing the energy sources, capacity or the site address of the primary infrastructure without approval and commence construction work in violation of Article 16, Paragraph 1;
5. Failing to comply with the procedure for reporting the capacity allocated to backup supply, the period and the management thereof as prescribed in Article 27, Paragraph 3, and the circumstances are considered serious.
Article 76
An Electricity Enterprise that fits into one of the situations described below is subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by the central competent authority and given a period to correct the violation. The Electricity Enterprise that fails to correct the violations upon the expiration of the given period shall be fined consecutively:
1. Failing to install the electricity supply infrastructure according to the established rules governing the scope, items, layout, and safety issues prescribed in Article 25, Paragraph 3;
2. Failing to supply electricity of the required voltage and frequency prescribed in Article 26, Paragraph 1;
3. Failing to install all meters and instruments necessary as prescribed in Article 29;
4. Failing to install safety protection devices as prescribed in Article 30 Paragraph 1;
5. Failing to perform regular inspection and maintenance of the electricity supplier infrastructure and duly record the findings as prescribed in Article 31, Paragraph 1;
6. Failing to comply with the rules governing the installation of networks, space interval, and construction safety as prescribed in Article 37, Paragraph 2;
7. Failing to charge at the rates according to the price of electricity and various other charges approved under the Article 49, Paragraph 2;
8. Failing to set up a directorial engineer position as prescribed in Article 58;
9. Failing to establish the assistance fund to facilitate the development of electric power as prescribed in Article 65 Paragraph 1;
A Electricity Enterprise that fails to announce the price of electricity and various rates and charges pursuant to Article 49, Paragraph 2 is subject to a fine imposed by the central competent authority, ranging from NT$500,000 to NT$5,000,000 and given a period to correct the violation. The Electricity Enterprise that fails to correct the violations upon the expiration of the given period shall be fined consecutively.
Article 77
An Electricity Enterprise that fails to submit the reports for future reference or to publicize certain information as prescribed in Article 66, Paragraph 1, or violates Paragraph 2 of the same article by refusing to supply supplementary information or accept auditing, is subject to a fine in an amount ranging from NT$1,000,000 to NT$10,000,000 imposed by electricity industry regulatory authority or the central competent authority and given a period to correct the violation. The Electricity Enterprise that fails to correct the violations upon the expiration of the given period shall be punished consecutively.
Article 78
An Electricity Enterprise that fits into one of the situations described below is subject to a fine ranging from NT$1,000,000 to NT$10,000,000 imposed by the competent authority and given a period to correct the violation. The Electricity Enterprise that fails to correct the violations upon the expiration of the given period shall be fined consecutively:
1. Failing to set up a power grid geographical information management system as prescribed in Article 25, Paragraph 2 and to update the information on the platform accordingly, or refuse to provide supplementary information or to accept inspection as prescribed in the same article;
2. Failing to repair, alter or replace the Electricity Enterprise infrastructure or safety protection devices that do not conform to the requirements within the given period in violation of Article 67, Paragraph 1;
3. Evading, impeding or refusing the auditing or inspection in violation of Article 67, Paragraph 2;
Article 79
An Electricity Enterprise that fits into one of the situations described below is subject to a fine ranging from NT$500,000 to NT$5,000,000 imposed by the electricity industry regulatory authority:
1. Evading, impeding or refusing the electricity industry regulatory authority’s order or inspection in violation of Article 12, Paragraph 2 of;
2. Failing to apply for renewal of the license prior to the expiration of the prescribed time limit in violation of Article 17, Paragraph 1;
3. Failing to apply for replacement of an outdated license prior to the expiration of the time limit prescribed in Article 22, Paragraph 3;
The Electricity Enterprise that fits into the situation described in either Subparagraph 1 or Subparagraph 3 of the preceding paragraph will be given a period to correct the violation. The supplier that fails to correct the violations upon the expiration of the given period shall be penalized per violation.
Article 80
An Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise that fails to file reports as prescribed in Article 35 is subject to a fine ranging from NT$500,000 to NT$5,000,000 by the competent authority and given a period 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 given period shall be punished per violation.
A Self-Use Power Generation Equipment that fails to file reports pursuant to Article 71 of the Act which applies mutatis mutandis Article 35 is subject to a fine ranging from NT$200,000 to NT$2,000,000 imposed imposed by the competent authority and given a period to correct the violation. The Self-Use Power Generation Equipment that fails to correct the violations upon the expiration of the given period shall be punished per violation.
Article 81
An Electricity Enterprise that fits into one of the situations described below is 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 period to correct the violation. The Electricity Enterprise that fails to correct the violations upon the expiration of the given period shall be punished per violation:
1. Failing to perform required inspections, to provide services to users when their utilization equipment fails to pass the inspections, to perform regular inspections, to keep a record of the regular inspections, or to notify the non-conforming users to correct the deficiencies within a definite period of time in violation of Article 32, Paragraph 1;
2. Evading, impeding or refusing to file reports, to provide relevant information or to accept auditing in violation of Article 32, Paragraph 3;
3. Failing to immediately dispatch technical personnel to erect visible signs and to put in protection measures as prescribed in Article 34;
4. Failing to comply with Article 43by reporting its actions or notifying the parties within the prescribed time;
5. Failing to comply with Article 55 by obtaining the required approval or filing the report after the event;
6. Failing to verify the membership certificate of completion of work before allowing energization of the equipment in violation of Article 59, Paragraph 2;
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’s Electricity Device in violation of Article 59, Paragraph 3;
8. Failing to use the electricity development assistance fund according to the method and scope prescribed by the central competent authority, or to evade, to impede, and to refuse auditing performed by the competent authority at the level of the municipal government or county (city) government in violation of Article 65, Paragraph 2.
Article 82
The owner that installs a Self-Use Power Generation Equipment, which fits into one of the situations described below, is subject to a fine ranging from NT$200,000 to NT$2,000,000 and given a period to correct the violation. The facility that fails to correct the violations upon the expiration of the given period shall be punished per violation:
1. Installing a Self-Use Power Generation Equipment without permission in violation of Article 68, Paragraph 1; failing to comply with the rules governing the management of private power-generating facilities, and the circumstances are serious;
2. Selling the electric energy in violation of Article 69, Paragraph 1;
3. Installing the user utilization equipment in violation of Article 70, Paragraph 1;
4. Failing to immediately dispatch technical personnel to erect visible signs and put in protection measures as prescribed in Article 71 mutatis mutandis applying Article 34;
The owner that installs a Self-Use Power Generation Equipment, which fits into one of the situations described in Subparagraphs 1 to 3 of the preceding paragraph and has a capacity of 2,000 kilowatts or more, is subject to disciplinary actions imposed by the Electricity Enterprise regulatory agency; a Self-Use Power Generation Equipment with capacity of no more than 2000 kilowatts is subject to disciplinary actions imposed by the competent authority at the level of the municipal government or county (city) government.
The owner that installs a Self-Use Power Generation Equipment, which fits into the situation described in Paragraph 1 Subparagraph 4 of this article, is 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 Appliance Installer or a Power Facility Inspection and Maintenance Administration that carries out business operation 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.
The Contract Electric Appliance Installer or the Power Facility Inspection and Maintenance Administration that fits into the situation described in the preceding paragraph will be given a period to correct the violation by the competent authority at the level of the municipal government or county (city) government, or ordered to suspend business operation if the violation is of serious nature. The Contract Electric Appliance Installer or the Power Facility Inspection and Maintenance Administration that fails to correct the violations or suspend business operation upon the expiration of the given period shall be fined per violation.
Article 84
A Contract Electric Appliance Installer or a Power Facility Inspection and Maintenance Administration that fits into one of the situations described below is 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 as required by Article 59, Paragraph 1;
2. Employing personnel whose qualifications do not meet the criteria prescribed in Article 59, Paragraph 5 or Paragraph 6 to work in the field of electrical engineering;
3. Violating Article 62, Paragraph 1;
4. Violating Article 62, Paragraph 2 by evading, impeding or refusing to file reports, to provide information or to accept auditing;
The Contract Electric Appliance Installer or the Power Facility Inspection and Maintenance Administration that fits into a situation described in the preceding paragraph will be given a period to correct the violation by the competent authority at the level of the municipal government or county (city) government, and shall be penalized per violation when it fails to correct the violations upon the expiration of the given period. If the violation described in Subparagraph 1 of the preceding paragraph is of serious nature, the violator may be ordered to suspend business operation for three to six months or have its registration revoked.
Article 85
A trade association that fails to comply with Article 59, Paragraph by refusing the Contract Electric Appliance Installer’s or the Power Facility Inspection and Maintenance Administration’s application for membership is subject to a fine ranging from NT$100,000 to NT$1,000,000 imposed by the central competent authority and given a period to correct the violation. The trade association that fails to correct the violations upon the expiration of the given period shall be punished per violation.
The person-in-charge of an industrial plant, mine field and structures and buildings for public use utilizing electricity classified as high voltage or above violates Article 60, Paragraph 1 of this Act by failing to employ full-time electrical technical personnel or to hire a Power Facility Inspection and Maintenance Administration to maintain the safety of the use of electrical equipment within the boundary lines of the electricity supply infrastructure is subject to a fine ranging from NT$100,000 to NT$1,000,000 by the central competent authority and given a period to correct the violation. The violator that fails to correct the violations upon the expiration of the given period shall be fined per violation and suspended to be supplied with electricity service by the Electricity Enterprises.
Article 86
The owner that installs a Self-Use Power Generation Equipment that fits into one of the situations described below is subject to a fine ranging from NT$50,000 to $500,000 imposed by the competent central authority and given a period to correct the violation. The owner that fails to correct the violations upon the expiration of the given period shall be fined per violation:
1. Failing to install the 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 mutatis mutandis to Article 25, Paragraph 3;
2. Failing to supply electricity of the required voltage and frequency as prescribed in Article 71 applying mutatis mutandis to Article 26, Paragraph 1;
3. Failing to install all meters and instruments necessary as prescribed in Article 71 applying mutatis mutandis to Article 29;
4. Failing to duly install safety devices as prescribed in Article 71 applying mutatis mutandis to Article 30, Paragraph 1;
5. Failing to perform regular inspection and maintenance of the Self-Use Power Generation Equipment and duly record the inspection and maintenance findings, as prescribed in Article 71 applying mutatis mutandis to Article 31, Paragraph 1;
6. Failing to install lines as prescribed in Article 71 applying mutatis mutandis to Article 37, Paragraph 1;
7. Failing to set up an office of the directorial engineer as prescribed in Article 71 applying mutatis mutandis to Article 58.
Article 87
A violator that fits into one of the situations described below is 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 period to correct the violation. The violator that fails to correct the violations upon the expiration of the given period shall be punished per violation:
1. Allowing personnel whose qualifications do not meet the criteria prescribed in Article 59, Paragraph 5 or Paragraph 6 to work in the field of electrical engineering;
2. Failing to comply with the rules governing the management of the Contract Electric Appliance Installer and the Power Facility Inspection and Maintenance Administration as prescribed in Article 59, Paragraph 7;
3. The person-in-charge of an industrial plant, mine field and structures and buildings for public use utilizing electricity classified as high voltage or above violating Article 60, Paragraph 1 of this Act by failing to register or regularly file the inspection records, or violating Paragraph 2 of the same article by failing to comply with the rules governing the record-keeping method for and management of electrical equipment and energized facilities, management of the full-time electrical technical personnel and other related matters;
4. The full-time electrical technical personnel violating Article 63 of this Act.
For a violator that fits into the situation described in Subparagraph 3 of the preceding paragraph, the competent authority at the level of the municipal government or county (city) government may work in conjunction with the Electricity Enterprises to stop electric supply to the energized facilities where the person-in-charge fails to duly register or to file regular inspection reports.