| Legislative： |
1.中華民國九十二年九月十日行政院原子能委員會會綜字第 0920023127
號令訂定發布全文 23 條；並自發布日施行 |
| Content： |
Operational Regulations Governing Nuclear Safeguards
Article 1. This Operational Regulations (hereinafter referred as Regulations) is
enacted pursuant to Paragraph 2 of Article 7 of the Nuclear Materials and
Radioactive Waste Management Act (hereinafter referred as “the Act”).
Article 2. Definitions of terminologies used in this Regulations are as follows:
1. Nuclear safeguards materials are classified below:
i. Uranium or uranium-containing materials (uranium minerals with a
weight percentage of uranium no less than 0.05%).
ii. Plutonium or plutonium-containing materials.
iii. Thorium or thorium-containing materials (thorium minerals with a
weight percentage of thorium no less than 0.05%).
iv. Deuterium or deuterium-containing materials.
v. Any other materials designated by the competent authorities.
2. Effective kilogram, a special unit in weight used in safeguarding nuclear
materials of uranium (including enriched uranium, natural uranium, or
depleted uranium), plutonium, or thorium, is calculated based on the
following computation formulas:
i. For uranium with a weight percentage in the uranium-235 isotope of 1%
or above, the quantity in effective kilograms is the product of the
Uranium weight in kilograms multiplied by the square of the weight
percentage in the uranium-235 isotope.
ii. For uranium with a weight percentage in the uranium-235 isotope of
between 1% and 0.5%, the quantity in effective kilograms is the product
of the Uranium weight in kilograms multiplied by 0.0001.
iii. For uranium with a weight percentage in the uranium-235 isotope of
below 0.5%, the quantity in effective kilograms is the product of the
Uranium weight in kilograms multiplied by 0.00005.
iv. For uranium containing uranium-233, the computation formulas for
effective kilograms are the same as those for uranium-235.
v. For plutonium, the quantity in effective kilograms is its weight in
kilograms.
vi. For thorium, the quantity in effective kilograms is the product of its
weight in kilograms multiplied by 0.00005.
3. Nuclear safeguards facilities are defined as follows:
i. Research, power generation, or other nuclear reactor facilities.
ii. Production or storage facilities for nuclear source materials or nuclear
fuels; facilities for management, storage, or final disposal of spent fuel.
iii. Facilities storing nuclear safeguards materials in excess of one effective
kilogram or any other locations designated by the competent authorities.
Article 3. International contacts and communications in nuclear safeguards
operations shall be conducted by the competent authorities.
Article 4. Possession, use, import, export, transit, en route transshipment, transport,
storage, disposal, assignment, lease, rental, and pledge-setting of the nuclear
safeguards materials described in Item 1 to 3 of Paragraph 1 of Article 2 shall
apply with the competent authorities as stipulated by the Regulations for
Nuclear Source Fuels Operational Safety Management or Regulations for
Nuclear Fuels Operational Safety Management.
Article 5. For possession, use, import, export, transit, en route transshipment,
transport, storage, disposal, assignment, lease, rental, pledge-setting of the
nuclear safeguards materials not prescribed by the Regulations in the
preceding Article, the applicant shall apply for permission with the competent
authorities by filling out the application form with attachment of the relevant
material and accounting reports. The application form shall consist of the
following items:
1. The name and office of the licensee; or the name and residence, in case if the
licensee is a natural person.
2. Purposes and methods of the operation
3. Types and quantities of the nuclear safeguards materials.
4. Operation sites of the nuclear safeguards materials.
5. Expected holding periods of the nuclear safeguards materials.
6. Any others designated by the competent authorities.
Article 6. Shall the nuclear safeguards materials being applied according to the
preceding Article meet one of the following conditions, the applicant is
exempted from submission of the relevant material and accounting reports:
1. Accumulated holding of uranium or materials containing uranium-235 is no
more than 0.01 effective kilogram (calculated based on the quantity in
effective kilograms for uranium).
2. Accumulated holding of thorium or materials containing uranium-233 is no
more than 0.01 effective kilogram (calculated based on the quantity in
effective kilograms for thorium).
3. Other conditions specified by the competent authorities.
Article 7. The licensees shall assign units or personnel to be in charge of handling
nuclear safeguards materials and material accounting, strictly enforce
hand-over procedures, establish accounting and reporting systems, and
ensure reconciliation of the material accounting records.
Article 8. The licensees shall submit changes in nuclear safeguards materials at
their nuclear safeguards facilities in the preceding month to the competent
authorities by filling out relevant reports and forms no later than the fifteenth
of each month.
Article 9. The licensees shall fill out the nuclear material balance report according
to their material and accounting records twice a year and submit to the
competent authorities for reference by January 31 and July 31 every year.
When necessary, the competent authorities may require the licensees to verify
its inventory.
Article 10. The licensees shall, according to the instructions by the competent
authorities, take an inventory on their nuclear safeguards materials every
twelve to eighteen months and submit the results to the competent authorities
by filling out relevant reports and forms within fifteen days of the
inventory-taking date or a deadline set by the competent authorities. The
licensees shall follow competent authorities’ instruction to apply for an
inspection to verify the inventory of the nuclear safeguards materials every
twelve to eighteen months, as well as submit the application and confirm
with the competent authorities thirty and ten days prior to the scheduled
inspection date, respectively. If a physical inventory inspection is requested,
the licensee shall apply ten days before the expected inspection date.
Article 11. The licensees shall, within the designated deadline, submit change in
nuclear safeguards materials, inventory-taking results, follow-up reports, and
supplementary explanations to the competent authorities.
Article 12. In regard to an international transfer of nuclear safeguards materials, the
licensee shall apply for permission with the competent authorities according
to the regulations six weeks prior to the scheduled transfer date. For any
change in the afore-mentioned transfer, the licensee shall notify the
competent authorities immediately and then supplement with detailed written
reports.
Article 13. In regard to construction or operation of nuclear safeguards facilities
according to Item 1 and 2 of Paragraph 3 of Article 2 in this Regulations, the
licensee shall submit the initial design information and questionnaire when
applying for the facility construction license and final design information and
questionnaire eight months before commencement of the facility operation.
In regard to nuclear safeguards facilities prescribed in Item 3 of Paragraph 3
of Article 2 in this Regulations, the licensee shall submit the design
information and questionnaire eight months before initial receipt of nuclear
safeguards materials.
Article 14. In relation to any change in plan of content in the design information at
the nuclear safeguards facilities, the licensee shall apply for reference and
review with the competent authorities three months prior to the scheduled
implementation of the change.
Article 15. The competent authorities or organizations designated by the competent
authorities can install containment, detection, and monitoring equipment and
devices at various nuclear safeguards facilities as well as seal nuclear
safeguards materials and equipment.
Article 16. When enforcing various inspections and monitoring, inspectors assigned
in accordance with Item 1 of Article 7 of this Regulations shall carry with
them identity-proving documents before entering various nuclear safeguards
facilities and any other sites designated by the competent authorities for
execution of nuclear safeguards inspections.
Article 17. The licensee shall appoint special personnel to accommodate inspectors
who carry out nuclear safeguards inspections and prepare relevant documents,
materials and accounting records, and any other information designated by
the competent authorities necessary for the inspections.
Article 18. In regard to the stops and places en route within the nuclear safeguards
inspection route passed by the inspector, the units being inspected shall
proactively inform in advance radiation conditions and safety concerns
regarding the sites as well as provide necessary radiation protection
equipment and outfits to the inspector.
Article 19. The licensee shall, within two hours of uncovering a loss in nuclear
safeguards materials other than the quantity needed for normal operations,
notify the competent authorities and supplement with detailed written reports
within thirty days of notification.
Article 20. The licensee is prohibited from removing, turning, cleaning, damaging,
and power cutting of nuclear safeguards equipment installed by the
competent authorities or any other organizations designated by the competent
authorities. In addition, the licensee is forbidden from covering up lens of
the optical monitoring system, thus ensuring a pertinent level of illumination,
and shall avoid any man-made related interference in radiation source in the
vicinity of radiation detectors installed. Any removal on the seal or action
by electrical power providers which would affect the detection and
monitoring system shall apply for approval from the competent authorities.
Article 21. The licensee shall, within two hours of detecting a shortfall, damage, or
abnormal operation of the nuclear safeguards materials and equipment, notify
the competent authorities and supplement detailed written reports within
thirty days of notification.
Article 22. When the competent authorities or organizations designated by the
competent authorities carry out samplings for inspection on nuclear
safeguards materials and the surrounding environment, the licensee shall
cooperate in such samplings, packaging, transport, or access/registration into
the materials and accounting records. The competent authorities are
empowered by law to require the licensees to conduct samplings for
inspection on their nuclear safeguards materials and report the results to the
competent authorities.
Article 23. This Regulations shall become effective as of the date of promulgation. |