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Chapter 1 General Provisions
Article 1
This Act is enacted for the purpose of developing and effectively managing national electric power
resources, regulating the electricity supply, facilitating the energy transition, reducing carbon
emissions, promoting the diversification of supply in the electricity industry as well as fair
competition and reasonable business practices, protecting the interests of electricity users, and
improving the welfare of the society, so as to achieve sustainable development of the country.
Article 2
Definitions
Definitions of terms used in the Act:
1. “Electricity Enterprise” refers to any corporation involved in electric power generation,
transmission and distribution, or retailing, as approved in accordance with this Act.
2. “Electricity Generating Enterprise” refers to any non-public utility that operates major power
generation equipment and engages in the generation and selling of electricity, including the
renewable energy-based electricity generating enterprises.
3. “Renewable Energy-Based Electricity Generating Enterprise” refers to any electricity generating
enterprise that operates power generation equipment based on renewable energy sources, as
prescribed in Article 3 of the Renewable Energy Development Act, and engages in selling
electricity.
4. “Electricity Transmission and Distribution Enterprise” refers to any public utility that installs
power grids across the country to wheel the electric power.
5. “Electricity Retailing Enterprise” refers to public electricity retailing utilities and renewable
energy-based electricity retailing corporations.
6. “Public Electricity Retailing Utility” refers to any public utility that purchases electricity for the
purpose of reselling to users.
7. “Renewable Energy-Based Electricity Retailing Enterprise” refers to any non-public utility that
purchases electricity generated from renewable energy for the purpose of reselling to users.
8. “Electricity Facilities” refers to the equipment required for the managing business related to
electricity generation, transmission and distribution.
9. “Major Power Generation Equipment” refers to prime movers, power generators, and other
equipment required for energy conversion.
10. “Self-Use Power Generation Equipment” refers to major power generation equipment installed
by enterprises other than the electricity industry, groups, or individuals (natural persons) to generate
power for private use.
11. “Renewable Energy” refers to energy sources as prescribed in Article 3 of the Renewable
Energy Development Act or other sustainable sources as approved and recognized by the central
competent authority.
12. “User-end Electricity Equipment” refers to any conduits, transformers, switches and other
equipment installed by users to receive electricity.
13. “Renewable Energy-Based Power Generation Equipment” refers to any power generation
equipment approved with official licenses issued by the central competent authority as prescribed in
Article 3 of the Renewable Energy Development Act.
14. “Power Grid” refers to any system, consisting of a set of conduits, supporting equipment and
transformer facilities, that distributes electricity by connecting the breakpoint between major power
generation equipment and the electricity transmission and distribution enterprise to the users.
15. “Power Line” refers to any system, consisting of a set of conduits, support equipment and
transformer facilities that connect the major power generation equipment to the breakpoint between
said equipment and the electricity transmission and distribution enterprise or users of the electricity
generated by said equipment.
16. “Network” refers to the power grids and power lines installed pursuant to the Act.
17. “User” refers to any end user of the electricity outside of the electricity industry.
18. “Contract Electric Equipment Installer” refers to any corporation that provides installation
services for electricity facilities and user-end electricity equipment.
19. “Electricity Equipment Inspection and Maintenance Enterprise” refers to any corporation that
provides inspection and maintenance services for user-end electricity equipment.
20. “Demand Response” refers to changes in power consumption behavior in response to condition
of the electricity system.
21. “Ancillary Service” refers to any service to facilitate the transmission of electricity and to ensure
the safety and stability of the electricity supply.
22. “Electricity Carbon Emission Factor” refers to the amount of carbon dioxide emissions per unit
of electricity generated.
23. “Direct Supply” refers to the situation in which a renewable energy-based electricity generating
enterprise installs power lines connecting directly to users and thereby supplying power.
24. “Wheeling” refers to the situation in which an electricity transmission and distribution enterprise
installs one or more power grids to transmit and distribute electricity.
Article 3
The competent authorities referred to in this Act are the Ministry of Economic Affairs at the central
government level, the Municipal Governments at the municipal level, and the County (City)
Governments at the county (city) level.
The central competent authority has the following duties:
1. To analyze, draft, and implement policies related to the electricity industry;
2. To supervise and manage the safety of electricity works and electricity facilities in the country;
3. To draft technical regulations governing electric power;
4. To supervise and manage electricity facilities;
5. To announce the contribution rate for the electric power development support fund;
6. To draft, approve, and manage the pricing of electricity and other fees and charges as well as the
calculation formulae thereof;
7. To supervise and manage other matters relating to the electric power technology and safety.
Competent authorities at the level of Municipal Governments or County (City) governments have
the following duties within the municipality, county, or city they administer:
1. To forward applications for founding and expanding electricity enterprises, and business license
applications for electricity enterprises;
2. To assist in the inspection of user-end electricity equipment;
3. To mediate in land use disputes between electricity enterprises and the general public;
4. To supervise and manage the electric power engineering industry, electrical technicians, and
locations where electricity is used.
The central competent authority shall designate an electricity industry regulatory agency to fulfill
the following responsibilities:
1. To supervise and manage electricity enterprises and the electric power market;
2. To permit and approve applications for founding and expanding electricity enterprises, and
business license applications for electricity enterprises;
3. To forecast and to plan matters pertaining to electric power supply and demand;
4. To supervise and manage the electricity carbon emission factor of the Public Electricity Retailing
Utility;
5. To supervise and manage the rights and interests of electric power users;
6. To supervise and manage the dispatch of electricity;
7. To mediate in disputes arising between electricity enterprises or between electricity enterprises
and users;
8. To mediate in disputes involving the Electricity Retailing Enterprises or installations of the
Renewable Energy-Based Power Generation Equipment.
The electricity industry regulatory agency shall manage and supervise the incorporation, merger,
restructuring, or revocation of any state-owned electricity enterprise as well as the employment and
discharge of important personnel in said enterprise.
The central competent authority shall carry out the responsibilities prescribed in the two preceding
paragraphs prior to said authority designating an electricity industry regulatory agency.
The central competent authority may invite government agencies, scholars and experts, and related
civic organizations to form an Electricity Reliability Commission or Electricity Industry Mediation
Commission to carry out the responsibilities described in paragraph 4 Subparagraphs 6 to 8 of this
Article.
Article 4
An Electricity Enterprise is required to be a company limited by shares as prescribed by the
Company Act. However, the organizational structure required for a Renewable Energy-Based
Electricity Generating Enterprise shall be separately decided and announced by the electricity
industry regulatory agency.
An Electricity Enterprise incorporated in the form of a company limited by shares that reaches a
certain size shall appoint independent directors. The number of independent directors shall be no
fewer than two, and no fewer than one-fifth of the total number of directors.
The size upon the Enterprise shall appoint independent directors and the qualifications and
conditions required for independent directors, as prescribed in the preceding paragraphs of this
Article, as well as other relevant requirements, shall be established by the electricity industry
regulatory agency.
Article 5
The Electricity Transmission and Distribution Enterprise shall be a state-owned corporation, and no
more than one shall be established with its business operations covering the entire country.
An Electricity Generating Enterprise with nuclear power generation or hydroelectricity generation
exceeding 20,000 kilowatts in capacity is required to be a public corporation unless the electricity
industry regulatory agency approves otherwise.
The “public corporation” as prescribed in the preceding paragraph refers to a corporation fully
funded by the government or a joint venture between the government and the private sector with the
government’s share of investment exceeding 50% of the total capital. An enterprise receiving
reinvestment by public corporations is also considered a public corporation if the reinvestment
exceeds 50% of the total capital.
Article 6
The Electricity Transmission and Distribution Enterprise may not engage in the generation or
retailing of electricity. Cross share-holding of shares of Electricity Generation and Retailing
Enterprises is prohibited. However, the Electricity Transmission and Distribution Enterprise may
concurrently operate as a Public Electricity Retailing Utility with the approval of the electricity
industry regulatory agency.
The Electricity Transmission and Distribution Enterprise may engage in businesses outside of the
electricity industry only if said businesses neither affect its operation as an Electricity Transmission
and Distribution Enterprise nor interfere with fair competition, and with the approval by the
electricity industry regulatory agency.
The Electricity Transmission and Distribution Enterprise shall establish separate accounting system
for the losses and profits of its respective businesses. Cross subsidization is prohibited.
The electricity industry regulatory agency shall establish the separate accounting system; accounting
methods, procedures and principles; guidelines for supervision and management of accounting
practices; and other related matters.
To achieve the goal of steady supply of electricity, the Taiwan Power Company shall separate its
Electricity Generating Enterprise and Electricity Transmission and Distribution Enterprise activities.
The Company shall then be reconstituted as a parent holding company that sets up an Electricity
Generating Enterprise and the Electricity Transmission and Distribution Enterprise as subsidiaries.
The first paragraph of this Article shall come into effect six years after the promulgation of the
amended articles of the Act on January 11, 2017. However, the electricity industry regulatory
agency may submit to the Executive Yuan a request for a postponement based on its assessment of
the development and condition of the electricity market. Postponement may be requested no more
than two times. The first postponement shall be limited to two years and the second limited to one
year.
Chapter 2 Electric Power Dispatching
Article 7
The dispatching of electric power shall be based on the principles of safety, fairness, openness,
economy, environmental friendliness, and adherence to the energy policies, among others.
Article 8
The Electricity Transmission and Distribution Enterprise is responsible for managing electric power
dispatching. Under the condition that the electric power system remains safe and stable, priority
shall be given to connecting and dispatching renewable energy.
To perform the tasks assigned in the preceding paragraph, the Electricity Transmission and
Distribution Enterprise shall draft regulations governing the scope, items, procedures, norms,
cost-sharing, emergency response, and information disclosure of electric power dispatching in
accordance with the electric power dispatching principles formulated by the electricity industry
regulatory agency. The foregoing regulations shall be submitted to the electricity industry regulatory
agency for approval. The above also applies to the amendment of these regulations.
Article 9
To ensure safe and stable supply in the electric power system, the Electricity Transmission and
Distribution Enterprise shall provide necessary ancillary services according to the needs of the
electric power dispatching and applications submitted by Electricity Generation Enterprises and
operators of Self-Use Power Generation Equipment.
The Electricity Transmission and Distribution Enterprise may charge fees for ancillary services
described in the preceding paragraph.
Ancillary service fees as described in the previous paragraph may be set based on the Electricity
Carbon Emission Factor and submitted to the Electricity Tariff Examination Council for review and
approval.
Article 10
A Renewable Energy-Based Electricity Generating Enterprise or Retailing Enterprise that requires
power grids to distribute the power generated or purchased for sale may request the service of the
Electricity Transmission and Distribution Enterprise for electric power dispatching and pay an
electricity dispatching service fee based on the total amount of electricity dispatched.
The Electricity Transmission and Distribution Enterprise shall charge the Renewable Energy-Based
Electricity Generating Enterprise or Retailing Enterprise that uses its electricity supply
infrastructure based on the amount of wheeled electricity and the service fee rates.
The fees described in the two preceding paragraphs may be assessed based on the Electricity Carbon
Emission Factor and submitted to the Electricity Tariff Examination Council for review and
approval.
A discount for the fees prescribed in the previous paragraph may be given based on the Electricity
Carbon Emission Factor. The central competent authority shall establish rules governing the
discount of such fees.
Article 11
To meet the needs for the development of the electricity market, the Electricity Transmission and
Distribution Enterprise shall set up an open and transparent electricity trading platform after
unbundling its generation and grid businesses, subject to the permission of the electricity industry
regulatory agency.
The electricity trading platform shall provide full disclosure of trading information to fulfill the
goals of balancing electricity supply and demand and facilitating fair competition and rational
operations among electricity enterprises.
The electricity industry regulatory agency shall establish the rules governing the personnel,
organization, schedule, trading management practices, and other related matters of the electricity
trading platform prescribed in the first paragraph of this Article.
Article 12
The electricity industry regulatory agency, for the purpose of protecting the public interest or the
rights and interests of electricity enterprises and users, may at any time order the Electricity
Transmission and Distribution Enterprise to provide financial or business operation reports, or audit
its businesses, properties, accounting books, documents and other related articles. Should any
serious violation of the laws and regulations be identified, the agency may seize and seal or order
the handover of relevant evidence.
The Electricity Transmission and Distribution Enterprise shall not evade, impede, or refuse any
order and audit prescribed in the previous paragraph.
Chapter 3 Permits and Licenses
Article 13
Any Electricity Generating Enterprise and the Electricity Transmission and Distribution Enterprise,
when building or expanding their facilities, shall prepare and submit an application and supporting
documentation which transferred by the government agency to which the enterprise belongs or the
level of the Municipal Government or County (City) to the electricity industry regulatory agency to
apply for a permit for the building or expansion project.
If the application described in the preceding paragraph requires an environmental impact assessment
pursuant to the Environmental Impact Assessment Act, the applicant shall provide documentation
from the environmental protection competent authority showing the completion of the review or
approval.
The building or expansion permit described in the first paragraph of this Article shall be valid for 3
years, but an extension with justifiable reasons may be applied before the expiration of the current
permit. The extension period shall not exceed two years.
Article 14
The electricity industry regulatory agency, in reviewing the permit application prescribed in the first
paragraph of the preceding article, shall consider energy policy, Electricity Carbon Emission Factor,
national land development, balanced regional development, environmental protection, fair
competition among electricity enterprises, supply and demand of electric power, backup capacity,
and the safety of the power systems in addition to the merits of the applicant’s plan.
Article 15
Any Electricity Generating Enterprise or the Electricity Transmission and Distribution Enterprise,
once it has obtained a building or expansion permit, shall obtain work permits issued by the
electricity industry regulatory agency and begin construction within the period of validity for the
building or expansion permit. The construction shall be completed within the period of validity for
the work permit.
The period of validity for the work permit described in the previous paragraph is 5 years, unless an
extension is granted with justifiable reason by the electricity industry regulatory agency.
Within 30 days of the completion of a building or expansion project, the Electricity Generating
Enterprise or Electricity Transmission and Distribution Enterprise shall prepare relevant documents
and information which will transferred by the government agency to which the enterprise belongs or
the competent authority at the level of the Municipal Government or County (City) Government to
the electricity industry regulatory agency to apply for issuance or replacement of the appropriate
electricity license.
After the submission of the application described in the previous paragraph, the enterprise may
begin operations only after the electricity industry regulatory agency performs the necessary
inspection and approves the work, and the new or replaced electricity license is obtained.
Electricity Retailing Enterprises shall apply to the electricity industry regulatory agency for an
appropriate electricity license before beginning business operation.
Article 16
Unless otherwise approved by the electricity industry regulatory agency, an Electricity Generating
Enterprise that has been granted a building permit, expansion permit or work permit shall not
change the source of energy, installed capacity, or site of its major power generation equipment.
Article 14 of this Act applies mutatis mutandis to the review of any change described in the
preceding paragraph.
Article 17
The period of validity for an electricity license issued to an Electricity Enterprise is twenty years
starting from the date of issuance by the electricity industry regulatory agency. The enterprise may
apply for an extension with electricity industry regulatory agency one year prior to the expiration of
the license. Each extension period shall be no longer than 10 years.
Article 14 of this Act applies mutatis mutandis to the review of any application by an Electricity
Generating Enterprise or Electricity Transmission and Distribution Enterprise for the extension of
its electricity license described in the preceding paragraph.
Article 18
The Electricity Transmission and Distribution Enterprise shall not refuse any request put forward by
any Electricity Generating Enterprise or operator of Self-Use Power Generation Equipment for
connection to its power grid. Renewable Energy-Based Electricity Generating Enterprise shall be
given priority in grid connections. However, this Article does not apply to Electricity Facilities or
Self-Use Power Generation Equipment that request connection but do not meet the requirements
provided in paragraph 1 and paragraph 3 of Article 25, Article 26, Article 29 to Article 31, Article
71 mutatis mutandis applying the above provisions, or Article 32.
Article 19
An Electricity Enterprise shall not unilaterally terminate or suspend its operations. However, the
restriction does not apply to Electricity Generating Enterprises and Renewable Energy-Based
Electricity Retailing Enterprises that have received permission from the electricity industry
regulatory agency.
An Electricity Generating Enterprise or Renewable Energy-Based Electricity Retailing Enterprise
that wishes to suspend its operations shall apply to the electricity industry regulatory agency for
permission and submit a business suspension plan. The period of suspension shall not exceed one
year.
An Electricity Enterprise that wishes to terminate its operations shall apply to the electricity
industry regulatory agency for permission and submit a business termination plan. Its Electricity
Enterprise license shall be returned to the same agency for cancellation within 15 days of the
termination. The electricity industry regulatory agency may proceed to cancel the license if the
Electricity Enterprise fails to submit the license within the prescribed time limit.
Article 20
In the case of the suspension or termination of operation, an Electricity Enterprise failing to extend
the Electricity Enterprise license pursuant to Article 17 before it expires or being ordered to suspend
operation or having its license revoked would be taken over its operations in order to ensure
continuous supply of electricity by the electricity industry regulatory agency with coordination with
other Electricity Enterprises. If such coordination fails, the agency may use the Electricity Facilities
to continue service. Reasonable compensation shall be given for the use of the Electricity Facilities
of the Electricity Generating Enterprise.
If the coordination described in the preceding paragraph fails and the Electricity Facilities of the
Electricity Generating Enterprise cease to supply electricity, the Electricity Transmission and
Distribution Enterprise shall dispatch other sources of electricity to ensure continuous supply. The
Electricity Generating Enterprise shall pay the electricity dispatching service fees. The Electricity
Transmission and Distribution Enterprise may also charge users the original rate for the electricity.
Article 21
Electricity Enterprises that intend to undertake mergers and acquisitions, in accordance with the
Business Mergers and Acquisitions Act, shall apply to the electricity industry regulatory agency for
written approval by submitting a merger plan jointly written by the parties to the merger, which
states the scope of business, assets, liabilities, and the capitalization of the company after the
merger.
For merger above a certain size, the electricity industry regulatory agency shall work in conjunction
with the Fair Trade Commission to review the merger of the Electricity Enterprises, hold public
hearings in compliance with the hearing procedure prescribed in the Administrative Procedure Act,
and perform administrative investigations and professional assessments within its powers.
The size of merger upon the preceding paragraph applies shall be announced by the electricity
industry regulatory agency.
Article 22
Article 13 and Article 15 apply mutatis mutandis to any change of the source of energy, installed
capacity, or site of the major power generation equipment as specified on the Electricity Generating
Enterprise license. An Electricity Generating Enterprise shall carry out the procedures specified in
those Articles prior to any such change.
For an Electricity Generating Enterprise that is ordered to stop operation due to violation of laws
and regulations, the electricity industry regulatory agency may revoke its original license in whole
or in part.
Unless specified otherwise in this Act, an Electricity Enterprise shall apply to the electricity industry
regulatory agency for a replacement license within 30 days after any change to the information
specified on the license has been registered.
Article 23
Upon the punishment of an Electricity Enterprise by the competent authority for abusing its market
power to interfere with the order of the market, the electricity industry regulatory agency may audit
its operation details and order it to propose a correction plan within a given time limit.
The electricity industry regulatory agency may revoke the license of an Electricity Enterprise if one
of the following events occurs:
1. The Electricity Enterprise abuses its market power to interfere with the order of the market and is
convicted.
2. The Electricity Enterprise, having committed the wrongdoings described in the preceding
paragraph and been ordered by the electricity industry regulatory agency to propose a correction
plan within a given time limit, does not propose one within the time limit or fails to correct the
wrongdoings by the assigned date.
3. The Electricity Enterprise is ordered by a government agency to terminate its operation due to
legal violations, and the electricity industry regulatory authority is notified of such disciplinary
action.
Article 24
The electricity industry regulatory agency shall establish the application procedures, document
requirements, and review criteria governing applications for permits to build or expand the
facilities for an Electricity Enterprise, work permits, license issuance, license replacement,
information to be specified on the license, extension, changes to power generation equipment,
suspension of business, termination of business, and mergers and acquisitions.
Chapter 4 Construction
Article 25
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall
set up Electricity Facilities in accordance with relevant rules.
The Electricity Transmission and Distribution Enterprise shall set up a geographical information
management system for the power grid to record, among other information, the names of the power
network lines, voltages, locations, and usage patterns, and update the information when appropriate.
The competent authority may order the Electricity Transmission and Distribution Enterprise to
provide information related to the power grid, to provide further information, or to dispatch
personnel for inspection.
The central competent authority shall establish rules governing the scope, items, layout, safety
requirements, and other points of compliance for Electricity Facilities described in the first
paragraph of this Article.
Article 26
An Electricity Enterprise shall provide electricity in accordance with the prescribed voltage and
frequency standards. This does not apply in special circumstances approved by the central
competent authority.
The central competent authority shall establish the voltage and frequency standards described in the
preceding paragraph.
Article 27
To ensure the stability and safety of the power supply, Electricity Generating and Retailing
Enterprises shall, when selling power to users, set an appropriate level of electricity reserve capacity
based on its sales volume, and report the reserve capacity level to the electricity industry regulatory
agency. However, the restriction does not apply to Renewable Energy-Based Electricity Generating
Enterprise below a certain installed capacity. To meet the reserve capacity requirement, an
Electricity Generating Enterprise may either use its own facilities to generate power or purchase
from other Electricity Generating Enterprises, Self-Use Power Generation Equipment operators, or
Demand Response providers.
The “certain installed capacity” in the previous paragraph shall be stipulated by the electricity
industry regulatory agency.
The electricity industry regulatory agency shall establish rules governing the content, calculation
formula, criteria and scope, reporting procedure and period, review, audit, management, and other
points of compliance regarding electricity reserve capacity described in the first paragraph of this
Article.
Article 28
When the Public Electricity Retailing Utility sells electric power to its users, an Electricity Carbon
Emission Factor shall be calculated for the sold power using the baseline Electricity Carbon
Emission Factor and reported to the electricity industry regulatory agency.
The baseline Electricity Carbon Emission Factor described in the preceding paragraph shall be
stipulated by the electricity industry regulatory agency based on the national energy and carbon
reduction policies, and announced on a regular basis.
The electricity industry regulatory agency shall establish rules governing the method of calculation,
reporting procedure and period, review, audit, management, and other points of compliance
regarding the Electricity Carbon Emission Factor.
Article 29
An Electricity Enterprise shall install all necessary electric meters or instruments for recording of
the electric output, voltage, frequency, power factor, loading, and other relevant information.
Article 30
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall
install safety devices to protect Electricity Facilities in accordance with relevant regulations.
The central competent authority shall establish rules governing the location, method, maintenance,
and safety requirements, and other points of compliance for safety protection device installations
described in the preceding paragraph.
Article 31
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise
shall perform regular inspection and maintenance of their Electricity Facilities and record all
inspection and maintenance results.
The central competent authority shall establish rules governing the inspection and maintenance
work prescribed in the preceding paragraph, including work items, work intervals, and other points
of compliance.
Article 32
The Electricity Transmission and Distribution Enterprise or a Renewable Energy-Based Electricity
Generating Enterprise that installs private Networks to provide Direct Supply to its users shall
inspect any User-end Electricity Equipment, and connect power only when the equipment has
passed the inspection. The Electricity Transmission and Distribution Enterprise or Renewable
Energy-Based Electricity Generating Enterprise shall perform regular inspection of equipment
installed by users and record the results. In the event that non-conformity is found, the user shall be
notified and given a time limit to address the problems. The Electricity Transmission and
Distribution Enterprise or Renewable Energy-Based Electricity Generating Enterprise may stop
supplying users that refuse to undergo inspection or fail 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 for the inspections described in the preceding 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 report or provide information concerning the inspections
described in the first paragraph of this Article and the results thereof, and 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 audits.
The Electricity Transmission and Distribution Enterprise or Renewable Energy-Based Electricity
Generating Enterprise may employ a licensed and registered technician or an Electricity Equipment
Inspection and Maintenance Enterprise registered in accordance with to Article 59 of this Act to
perform inspections described in first paragraph of this Article.
The central competent authority shall establish rules governing the scope, items, elements,
installation and other safety requirements of the User-end Electricity Equipment described in first
paragraph of this Article as well as the scope, criteria, interval and procedure of the inspections
prescribed in the preceding paragraph.
Article 33
Any user that meets certain criteria regarding electricity usage, total building floor area, or number
of stories of the structure, shall provide appropriate power distribution area(s) and channel(s) at the
building site or inside the building structure free of charge to the Electricity Transmission and
Distribution Enterprise for installation of distribution systems. The Electricity Transmission and
Distribution Enterprise may refuse service to the user when such provisions are not available.
The central competent authority and the central competent building authority shall jointly prescribe
the “certain criteria” mentioned in the preceding paragraph, and establish rules governing the
methods, elements, construction procedure, safety measures, and other points of compliance
regarding the provision of power distribution area(s) and channel(s).
Article 34
Should a fire or other disaster affect the area in proximity to Electricity Facilities owned by an
Electricity Generating Enterprise or the Electricity Transmission and Distribution Enterprise, the
respective Enterprise shall immediately dispatch technicians to set up high-visibility signs or marks
to secure the area. The Enterprise may cut all or part of the electricity supply or remove any
Electricity Facilities that pose a safety hazard.
Article 35
In case of a disaster, emergency or an event described in the previous paragraph, the affected
Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise shall
report the incident to the competent authorities at various levels of government in accordance with
the required information to be reported, time limit, method and procedure specified by the central
competent authority.
Article 36
Electricity Enterprises may install dedicated telecommunication facilities pursuant to the applicable
provisions in the Telecommunications Act to fulfill the needs of operations, management, or safety
protection.
For effective management of resources, the Electricity Transmission and Distribution Enterprise
may apply for a telecommunication service provider license pursuant to paragraph 2 of Article 6 of
this Act as well as the Telecommunications Act.
Article 37
When circumstances require that networks installed by Electricity Generating Enterprises and the
Electricity Transmission and Distribution Enterprise be set up in proximity to or in a joint structure
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 shall meet the safety
requirements concerning spacing 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, as well as spacing requirements, construction safety, and other points of compliance.
Article 38
Any Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may
use or access publicly owned land as well as rivers, ditches, bridges, dykes, roads, green space,
parks, forests, and lands designated for public use for installation, construction or maintenance of
networks. To use or access land for these purposes, the Enterprise shall notify the competent
authority for said land in advance and comply with the applicable procedures and requirements.
Article 39
Any Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may
install networks in the air above and the ground below public and private lands or buildings
provided that the installation of said network does not affect the existing use and safety of said land
or building. Except in an emergency situation, the Enterprise shall notify the owner or occupant of
said land or building in writing 7 days prior to the date of construction. In the event that the owner
or occupant raises an objection, the Enterprise may apply for a permit with the competent authority
at the level of the municipal government or county (city) government to proceed with construction,
but shall still notify the owner or occupant in writing 7 days prior to the commencement of
construction.
In the event that the Electricity Transmission and Distribution Enterprise applies for a permit to
proceed with construction as prescribed by the preceding paragraph, if the competent authority at
the level of the municipal government or county (city) government does not finish processing the
application within the time period prescribed in Article 51 of the Administrative Procedure Act, the
Enterprise may apply directly to the central competent authority for the permit to proceed with
construction.
Regulations governing 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 land by Electricity Generating
Enterprises for installation of power lines.
Regulations governing public services or facilities as provided in Article 8 of the Forestry Act apply
mutatis mutandis to any Electricity Generating Enterprise with a lease on state-owned or public
forest land for installation of power lines.
Regulations governing general facilities in fishing harbors as provided in Article 14 of the Fishing
Port Act apply mutatis mutandis to any Electricity Generating Enterprise whose power lines are
installed in the area of a fishing harbor.
Article 40
To protect networks and maintain the safety of the power supply, Electricity Generating Enterprises
and the Electricity Transmission and Distribution Enterprise shall notify the owner or occupant of
the land on which the trees grow to fell or trim the trees with a given period of time, unless
otherwise regulated by other laws. The Electricity Enterprise may take action to address the
obstruction upon expiration of the given period, or if the notice cannot be delivered.
Article 41
For the work described in the three preceding articles, work sites and methods that result in no
damage or minimizes damage shall be chosen and implemented. In the event that damage occurs,
compensation shall be made based on the extent of the damage.
Article 42
The owner or occupant of land where existing 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 installed the network in question. Once the Electricity
Generating Enterprise or Electricity Transmission and Distribution Enterprise has verified the
request, the network may then be moved. The central competent authority shall establish rules
governing how the cost of the associated work and materials are to be paid.
Article 43
Any Electricity Generating Enterprise or Electricity Transmission and Distribution Enterprise may,
take proactive action to address issues described in Articles 38 to 40 of this Act in order to avert
particular risks or prevent unexpected disasters. The Enterprise shall report such actions to the
competent authority at the level of the municipal government or county (city) government where the
Enterprise is located within three days and notify the owner or occupant of the land.
Article 44
Disputes arising from 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
occupant of the land may be referred to 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 from land use by Electricity Generating Enterprises or
the Electricity Transmission and Distribution Enterprise.
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.
Chapter 6 Supervision and Management
Article 58
All Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise
shall set up a directorial engineer position, the qualification of which shall be determined by the
central competent authority.
Article 59
All Contract Electric Equipment Installers and Electricity Equipment Inspection and Maintenance
Enterprises shall register with the competent authority at the level of the municipal government or
county (city) government and join the trade association for the relevant industry within one month
of registration before commencing business operations. Trade associations for the industry relevant
shall not reject the membership of the said installers and administrators.
The installation, construction, and retrofitting of user-end electricity equipment shall be undertaken
by a Contract Electric Equipment Installer. The energization of the equipment may begin only after
the installer notifies the Electricity Enterprise 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
engineering trade association. The restriction does not apply when other regulations stipulate
otherwise.
For works involving electricity facilities or user-end electricity equipment that have been designed
or supervised by lawfully registered and practicing professional electrical engineers, a membership
certificate issued by the respective electric engineer association shall be submitted along with design
drawings and descriptions or completion reports to the Electricity Enterprise for review before
approval or energization may proceed.
Electrical engineers described in the preceding paragraph shall not engage in design or installation
supervision work for electricity facilities or user-end electricity equipment prior to enrolling in the
local electrical engineer association, which shall not reject the membership of said engineers.
Personnel employed by Contract Electric Equipment Installers and the Electricity Equipment
Inspection and Maintenance Enterprises to work in electrical engineering shall possess one of the
following qualifications:
1. The person has passed professional examinations in the field of electrical engineering and thereby
possesses a professional engineer license.
2. The person has passed certification tests in the field of electrical engineering and thereby
possesses a technical certificate.
3. The person became a certified electrician by passing the appropriate examinations in accordance
with applicable laws and regulations prior to March 5, 2007, when these amended provisions came
into effect.
Current technical personnel in the field of electrical engineering registered with competent
authorities at the level of the municipal government or county (city) government, or technical
personnel who had registered with said authorities for a period of more than six months prior to the
amendments of this Act which became effective on January 11, 2017, shall retain their original
qualification as an electrical technical personnel even if they do not meet the criteria set in the
preceding paragraph after the amendments of this Act come into effect.
The central competent authority shall establish rules governing the qualifications, prerequisites,
registration, revocation or cancellation of registration, and management of Contract Electric
Equipment Installers and Electricity Equipment Inspection and Maintenance Enterprises.
Article 60
Industrial plants, mines, and buildings for public use that are installed with power equipment, as
well as locations that are fed by electricity classified as high voltage or above shall employ a
full-time electrical technician or entrust an Electricity Equipment Inspection and Maintenance
Enterprises to ensure the safety of general and emergency power equipment use within the boundary
between the location’s own equipment and that of the Electricity Enterprise. The employed
technician or entrusted Administrator shall be registered with the competent authority at the level of
the municipal government or county (city) government, and inspection and maintenance records
shall be regularly submitted.
The central competent authority shall establish rules governing the scope of electrical equipment
and locations described in the preceding paragraph, registration, revocation or cancellation of
registration, maintenance, reporting deadlines, method of documentation and management, as well
as the recognition of the full-time electrical technical personnel, qualifications, management and
other points of compliance.
Article 61
The design and installation supervision of electricity facilities and user-end electric equipment that
fall within the scope defined by the central competent authority shall be administered by legally
registered and practicing professional electrical engineers or professional engineers in related fields.
The tasks outside said scope shall be administered by professional electrical engineers or Contract
Electric Equipment Installers. However, for facilities and equipment exclusively used by
government agencies or state-owned enterprises, said tasks may be administered by the employees
of the respective government agency or state-owned enterprise who have legally obtained licenses
as professional electrical engineers or professional engineers in related fields.
The scope of the engineering work described in the preceding paragraph shall be consistent with the
pre-existing scope of electric work in force prior to the promulgation of amendment of this Act on
January 19, 2005. When amending said scope, the central competent authority shall consult the
national professional electrical engineer association, related electrical contractors associations, and
other related trade associations.
In the event that an Electricity Enterprise or user fails to comply with paragraph 1 of this Article, the
central competent authority may forbid the violating Enterprise to use the facilities in question.
Otherwise, when the violator is a user, the Electrical Enterprise shall not energize the user’s
equipment in question.
Article 62
Contract Electric Equipment Installers and the Electricity Equipment Inspection and Maintenance
Enterprises are prohibited from engaging in the following acts:
1. To use licenses registered to others;
2. To allow others to use its registered license;
3. If ordered to suspend its business, to participate in tendering or accept contracts during the period
of suspension;
4. To reduce or downgrade construction materials to save on cost;
5. To subcontract, divide out, or hire out contracts to unlicensed service providers;
6. To subcontract an amount of work that exceeds 40% of the total contract price;
7. To issue reports containing false statements on installation, inspection, and maintenance work
performed on a contract.
To properly manage the Contract Electric Equipment Installer and the Electricity Equipment
Inspection and Maintenance Enterprises, to protect the public interest and safety, or in response to
the needs arising in the process of investigating behavior described in the preceding paragraph or
the qualifications of a provider, the competent authority may demand the Contract Electric
Equipment Installer or the Electricity Equipment Inspection and Maintenance Enterprises to supply
relevant information, and perform audits when necessary. The Contract Electric Equipment Installer
or the Electricity Equipment Inspection and Maintenance Enterprises shall not evade, impede or
refuse such audits.
Article 63
Full-time electrical technicians employed in electricity-using locations are prohibited from making
false claims or misrepresentation of information in statements and reports made in the course of
carrying out their duty.
Article 64
An Electricity Generating Enterprise shall comply with the following requirements in determining
the allocation of its annual profits. Annual net profit excluding renewable energy generation in
excess of the total paid-in capital shall be allocated prioritizing measures of improving the operation
and maintenance of the generation units, investing in pollution-minimizing infrastructure, and
facilitating further advancement in 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 10% 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 25% of the total paid-in capital shall be allocated.
50% of the allocated amount prescribed above shall be used in measures improving the operation
and maintenance of the generation units as well as investment in pollution-minimizing
infrastructure.
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 facility improvements based on the
findings of the inspection and maintenance performed in accordance with Article 31.
paragraph 1 of this article does not apply to Electricity Generating Enterprises whose Electricity
Carbon Emission Factor for generation of electric power is better than the standard prescribed by
the electricity industry regulatory agency in accordance with paragraph 2 of Article 28.
The electricity industry regulatory agency shall establish rules governing the identification, use,
management and supervision of the funds used to improve the operation and maintenance of the
generation units, to invest in pollution-minimizing infrastructure, and to facilitate the development
of renewable energy.
Article 65
To facilitate operational improvements, to develop the regions in the proximity of the electricity
generation, transformation and distribution facilities, and to improve the lives of the residents
thereof, Electricity Generating Enterprises and the Electricity Transmission and Distribution
Enterprise shall establish electricity development assistance funds to assist the competent authority
at the level of the municipal government or county (city) government in promoting development of
electric power and improve relations with local communities. The amount allocated to the assistance
fund shall be based on the amount of electricity (in kilowatt-hours) generated or transmitted.
The central competent authority shall establish rules governing the method, scope, and supervision
of the use of the electricity development assistance funds prescribed in the preceding paragraph. The
competent authority at the level of the municipal government or county (city) government may audit
the use when necessary. The electricity producers and distributors shall not evade, impede or refuse
such audits.
This article does not apply to Renewable Energy-Based Electricity Generating Enterprises, except
for enterprises generating electricity using wind power or using solar power generation facilities
above a certain capacity.
The allocation percentage to the electricity development assistance fund prescribed in paragraph 1
of this Article and the “certain capacity” mentioned in paragraph 3 of this Article shall 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 assistance funds in quarterly reports online.
Article 66
To ensure open access of information, all Electricity Enterprises shall produce monthly summary
reports on the company’s business operations, supply and demand of the electric power, and
financial status, as well as an annual report within three months of the end of each business year.
The reports shall be submitted to the electricity industry regulatory agency and the central
competent authority for future reference. Open access to the information shall be provided.
The electricity industry regulatory agency or central competent authority may order enterprises to
supply supplementary information about the monthly summary reports and annual reports
prescribed in the preceding paragraph, or send personnel for audits.
The information to be made 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 agency.
Article 67
All electricity facilities and the safety protection devices prescribed in paragraph 1 of Article 30 of
this Act are subject to inspection by the competent authority at any time. In case of failure to
conform to the requirements, repair, modification or replacement within a given time limit shall be
required. Should the potential of imminent danger occur, the competent authority may order a stop
to the operation or use of the facilities or devices.
Electricity Generating Enterprises and the Electricity Transmission and Distribution Enterprise shall
not evade, impede or refuse such inspections prescribed in the preceding paragraph.
Chapter 7 Self-Use Power Generation Equipment
Article 68
Any operator of Self-Use Power Generation Equipment with a capacity of 2,000 kilowatts or more
shall prepare a utilization plan and apply to the electricity industry regulatory agency for a permit.
Any operator of Self-Use Power Generation Equipment with a capacity of less than 2000 kilowatts
shall prepare a utilization plan and apply to the competent authority at the level of the municipal
government or county (city) government for a permit; the application will be forwarded to the
electricity industry regulatory agency for future reference.
The electricity industry regulatory agency shall establish rules governing the application procedure,
review period, items for review, and management rules regarding permission, registration,
revocation or cancellation of the registration and changes to Self-Use Power Generation Equipment
described in the preceding paragraph.
Article 69
Electric power generated by Self-Use Power Generation Equipment may be sold to the Public
Electricity Retailing Utility or the Electricity Transmission and Distribution Enterprise for ancillary
services. Sold electricity shall not exceed 20% of total installed capacity. However, this restriction
does not apply in the following circumstances:
1. For Self-Use Power Generation Equipment whose energy efficiency performance meets the
standard prescribed by the electricity industry regulatory agency, up to 50% of total installed
capacity may be sold.
2. For electricity generated from renewable energy sources, all electric power produced by Self-Use
Power Generation Equipment may be sold to the Electricity Enterprise.
For Self-Use Power Generation Equipment with a capacity of 2,000 kilowatts or more, the purchase
agreements for sales described in the preceding paragraph shall be submitted to the electricity
industry regulatory agency for future reference. For Self-Use Power Generation Equipment with a
capacity of less than 2000 kilowatts, the purchase agreements shall be submitted to the competent
authority at the level of the municipal government or county (city) government for future reference,
with a copy forwarded to the electricity industry regulatory agency.
Article 70
The installation of user-end electricity equipment by an operator of Self-Use Power Generation
Equipment shall be limited to land owned by the operator. However, the restriction does not apply if
the installation does not affect local Electricity Enterprises and with the approval of the competent
authority at the level prescribed in paragraph 1 of Article 68.
Self-Use Power Generation Equipment may wheel the electricity via the power grid for self-use
when the following conditions are met:
1. The Electricity Carbon Emission Factor of the generated power is better than the standard
prescribed by the electricity industry regulatory agency in accordance with paragraph 2 of Article
28.
2. If the Self-Use Power Generation Equipment is installed jointly by several applicants, the share of
investment for each applicant is 5% or more.
3. The generated electric power is not sold to the Public Electricity Retailing Utility or Electricity
Transmission and Distribution Enterprise.
Paragraph 1 of Article 10 and paragraph 3 of Article 46 apply mutatis mutandis to Self-Use Power
Generation Equipment operators requesting to wheel electricity through the power grid for self-use
as described in the preceding paragraph.
Paragraph 3 to paragraph 5 of Article 39 and Article 40 to Article 44 apply mutatis mutandis to the
installation of power lines by operators of Self-Use Power Generation Equipment pursuant to
paragraph 2 of this Article.
Article 71
Paragraph 3 of Article 25, Article 26, Article 29 to Article 31, Article 34, Article 35, Article 37, and
Article 58 of this Act apply mutatis mutandis to installation, energization, building, protection, and
reporting of Self-Use Power Generation Equipment, as well as joint structures with the
telecommunication network and the requirement of a directorial engineer.
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.
Chapter 9 Supplementary Provisions
Article 88
The central competent authority may set up an electricity price stabilization fund to ameliorate the
impact of short-term fluctuations of the price of the electricity to the economy.
The following sources of funds may contribute to the fund prescribed in the preceding paragraph:
1. The amount of a public electricity retailing utility’s annual final adjusted after-tax earnings in
excessive of a reasonable profit margin;
2. Allocation of the government funds through the budgeting process;
3. Contribution from Electricity Enterprises;
4. Contribution from the private enterprises;
5. Interest generated by the fund;
6. Other related income.
Article 89
An Electricity Generating Enterprise that has nuclear generation shall, during the operation period
of the nuclear generation units, allocate sufficient funds for the back-end management of nuclear
power generation, including the processing, transportation, storage and final disposal of radioactive
waste, decommissioning of the plant, and the necessary community relations measures.
The central competent authority shall stipulate the calculation formulae for the funds described in
the previous paragraph, the time limit for contribution, and the payment procedure as well as other
points of compliance.
Article 90
The central competent authority may establish an electric research and testing institute as a
designated institution to engage in studies of electricity-related technical regulations, electrical
equipment testing, and methods to improve the reliability of the electric systems and safety of the
supply.
Article 91
The central competent authority shall produce an annual report on the current supply and demand of
electric power in the country, progress of the development of electricity projects, and the status of
energy saving and carbon reduction policies; the report shall be open for public access.
Article 92
An Electricity Enterprise that obtained its electricity license prior to implementation of the
amendments to this Act promulgated on January 11, 2017 shall apply for an appropriate license
replacement within six months after the amendments come into force. An Electricity Enterprise that
fails to apply for a replacement license, or applies but fails to meet the criteria set out in this Act,
shall have its original license revoked by announcement of the electricity industry regulatory
agency.
Any enterprise that continues its operations despite the revocation of its license is subject to
disciplinary actions pursuant to Article 72 of this Act.
Article 93
An Electricity Enterprise that engages in the electricity generation business and is designated a
public utility prior to implementation of the amendments to this Act promulgated on January 11,
2017 may retain the rights and privileges as a public utility until the expiration of the period of
operation allowed on the original license.
Article 94
Any discrepancies in operational guidelines for Electrical Enterprises formulated prior to
implementation of the amendments to this Act promulgated on January 11, 2017 shall be modified
within six months after the amendments of this Act come into effect.
Article 95
The government shall formulate a plan that actively advances the final disposal of low-level
radioactive waste in order to address the issues associated with the low-level radioactive waste
currently stored on Lanyu. The plans shall be formulated pursuant to the Act on Sites for
Establishment of Low Level Radioactive Waste Final Disposal Facility.
Article 96
The regulations governing electricity and other electricity-related enterprises as provided in the
Privately Owned Public Utilities Supervisory Act shall no longer be applicable once the
amendments to this Act promulgated on January 11, 2017 come into effect.
Article 97
The Act shall come into effect upon promulgation unless an effective date is otherwise stipulated.
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