| Legislative： |
1. Original 22 Articles promulgated by Atomic Energy Council,
Executive Yuan on August 27, 2003 under Decree No. Hui-He-Tzu 0920021023. |
| Content： |
Enforcement Rules for the Implementation of Nuclear Reactor
Facilities Regulation Act
Promulgated by Decree No.: Hueih -Her -Tze-0920021023
on 27th August, 2003
Article 1
These enforcement rules are enacted pursuant to Article 43 of the Nuclear Reactor
Facilities Regulation Act (hereinafter referred to as the “Act”).
Article 2
The plans formed by the licensee in accordance with Paragraph 1, Article 4 of the Act
shall be submitted thereby to the competent authorities before nuclear reactor
facilities have been firstly loaded with the nuclear fuel, and shall contain following
items:
1. The radiation dose evaluation reports on the exclusion area and the low population
zone.
2. The substantial territories of the exclusion area and the low population zone, along
with four originals of drawn topography scaled at the ratio of one-thousandths
(1/1,000) or one-five thousandths (1/5,000).
3. The provable documents or relevant materials as to the rights of use over the land
within the exclusion area.
4. The safety controlling plan within the exclusion area.
5. The investigation and evaluation report on households, peak-gathering and
distribution of population at day time and night time respectively, etc., within the
distance of one and one third times of radius of the low population zone.
6. The investigation report on the distance between nuclear reactor facilities and the
densely populated area, closely adjacent thereto, with a population more than
twenty-five thousand.
7. Other items designated by the competent authorities.
Article 3
The criteria for demarcating the exclusion area and the low population zone
prescribed under Paragraph 5, Article 4 of the Act shall be as follows:
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1. The exclusion area: the area closely adjacent to the location of nuclear reactor
facilities, where an individual located at any point on its boundary for two hours
immediately following onset of a nuclear accident of the radioactive fission
product release would receive external whole body radiation dose less than two
hundred and fifty (250) milli-Sieverts (mSv), while the thyroid dose arising from
radioactive iodine shall be less than three (3) Sieverts (Sv).
2. The low population zone: the area closely adjacent to the exclusion area, an
individual located at any point on its boundary for the period commencing from
arrival of radioactive cloud till its passage following onset of a nuclear accident of
the radioactive fission product release would receive external whole body
radiation dose less than two hundred and fifty (250) milli-Sieverts (mSv), while
the thyroid dose arising from radioactive iodine shall be less than three (3)
Sieverts (Sv).
Article 4
If several nuclear reactor facilities are located in the same site, the territories of the
exclusion area and the low population zone thereof shall cover all of territories of the
exclusion areas and the low population zones derived respectively from each nuclear
reactor facility within that site.
Article 5
One who applies for the initial loading of the nuclear fuel pursuant to Paragraph 1,
Article 6 of the Act shall state and submit an application, enclosed with the final
safety analysis report, the summary on the corrective actions following inspection
findings during the construction as well as the approved pre-operation test reports on
all the system thereof.
Article 6
Per the Article 9 of the Act, after nuclear reactor facility has been formally operated,
the licensee shall submit respectively, prior to a six -month period before the expiry
of every decennium, to the competent authorities for review and approval the
integrated safety analysis report containing following items:
1. The backtracking and the review of operation of the facility: including the
backtracking and the evaluation of the operation safety, the radiation safety and
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the management of radioactive waste.
2. The review of items to-be-corrected or to-be-upgraded on the facility: including
the review of issues related to items to-be-corrected or to-be-upgraded, the
committed corrective actions or the explanations on items for upgrading.
3. Overview: giving a peroration for the forthcoming decennium of operation period,
based upon items provided under the preceding two Sub-Paragraphs, about items
to be heeded, committed corrective actions and the schedule.
4. Other items designated by the competent authorities.
Article 7
The deadlines for submitting the respective reports or records to the competent
authorities by the licensee pursuant to Article 10 of the Act shall be subject to
following prescriptions:
1. Operation report: a quarterly report be submitted within thirty (30) days upon
expiry of each quarter; an annual report be submitted within sixty (60) days upon
expiry of each year.
2. Radiation safety and environmental radiation monitoring report: a quarterly report
be submitted within sixty (60) days upon expiry of each quarter; an annual report
be submitted within ninety (90) days upon expiry of each year.
3. Emergency event report: a circular notice be submitted within one hour of finding
the event, and followed by a written report within thirty (30) days of that finding.
4. Generation record on radioactive waste: a mensal report be submitted within thirty
(30) days upon expiry of each month.
In addition to complying with the prescriptions provided under the preceding
Paragraph, the licensee of nuclear reactor facility mainly served for generating power
(hereinafter referred to as the “power generation nuclear reactor facility”) shall
submit following reports:
1. The reports on in-service inspection, in-service test and containment leakage rate
test, to be submitted within ninety (90) days following the completion of outage.
2. An investigation report on the assessment parameters of populace doses as to the
environment near the site of nuclear reactor facility, to be submitted every five
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years.
Article 8
The extent of significant safety items provided under Article 13 of the Act is as
follows:
1. The amendment of the operating technical specification.
2. The frequency of occurrence or the accidental consequence be higher than that
analyzed in the final safety analysis report.
3. The possibility of failure of structures, systems and components which are
significant to safety, or the consequence upon failure thereof be higher than that
evaluated in the final safety analysis report.
4. The potential occurrence of accident be different, from that analyzed in the final
safety analysis report, or the failure of safety-important structures, systems and
components be different from that anticipated in the final safety analysis report.
5. The alteration of design base limit for barrier to confine fission product, as stated
in the final safety analysis report.
6. The alteration of evaluation modus for establishing design base or safety analysis,
as stated in the final safety analysis report.
7. Other matters designated and decreed by the competent authorities
Article 9
That the public health/safety or the environmental ecology may be hazarded during
the construction of nuclear reactor facilities provided under Paragraph 1, Article 14 of
the Act shall denote one of following circumstances:
1. The design thereof has been found to be in major deficiency but has not yet been
appropriately evaluated and solved.
2. There is a major discrepancy between the activity of construction and the
commitment under the safety analysis report, which might affect the safety
function.
3. The performance of quality assurance program is seriously deficient, which has
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caused a gross impact on the quality of construction.
4. A serious accident occurs, which leads to a demeritorious impact upon the activity
of construction.
5. After evaluation, the estimated radiation dose to common people by the
prospectively completed nuclear reactor facility might exceed the dose limit
prescribed under the Safety Standards for Protection against Ionizing Radiation.
6. The submitted documents, materials or records are false, which has affected the
accuracy of reviewing or issuing the license by the competent authorities.
7. After evaluation, the prospectively completed nuclear reactor facility might not
comply with the prescriptions provided under respective Sub-Paragraphs,
Paragraph 1, Article 5 of the Act.
8. Other circumstances held and decreed by the competent authorities.
Article 10
That the public health/safety or the environmental ecology may be hazarded during
the operation of nuclear reactor facilities provided under Paragraph 1, Article 14 of
the Act shall denote one of following circumstances:
1. The design thereof has been found to be gross imperfect or to be connected with
the matters provided under Sub-Paragraphs 2 to 6, Article 8 (of these Rules), but
has not yet been appropriately evaluated and solved.
2. There is a gross discrepancy between the operation on the scene of facility and the
commitment under the safety analysis report, which affects the safety function.
3. The performance of quality assurance program is seriously deficient, which has
caused a gross impact on the quality of construction or the safety of operation on
the scene of facility.
4. A serious accident occurs, which leads to a demeritorious impact upon the
operation on the scene of facility.
5. The hourly average concentration of radioactive nuclides in the air on the
boundary of nuclear reactor facility caused by the gas containing radioactive
materials released thereby exceeds ten times of that provided under the Seventh 7th
Column in Schedule IV annexed to the Safety Standards for Protection against
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Ionizing Radiation, or the hourly average concentration of radioactive nuclides in
the water on the boundary of nuclear reactor facility caused by the liquid
containing radioactive materials released thereby exceeds ten times of that
provided under the Eighth (8th) Column in Schedule IV annexed to the Safety
Standards for Protection against Ionizing Radiation.
6. According to the findings on environmental radiation monitoring, the external
exposed radiation dose on the common people within the outside area of premises
is estimated to be exceeding decimal naught two (0.02) milli-Sieverts (mSv)
within one hour, or decimal five (0.5) milli-Sieverts (mSv) within one year.
7. According to the findings on environmental radiation monitoring, the radiation
dose on the common people is estimated to be exceeding the dose limit prescribed
under the Safety Standards for Protection against Ionizing Radiation.
8. The submitted document(s), materials or records are false, which has affected the
accuracy of reviewing or issuing the license by the competent authorities.
9. Other circumstances held and decreed by the competent authorities.
Article 11
The safety-related structures, systems and components of nuclear reactor facility
provided under Paragraph 1, Article 16 of the Act shall denote that nuclear reactor
facility, under the circumstances of normal operation, anticipating operating
occurrence, design base accident, external and natural disaster, are with one of
following functions:
1. To ensure the integrity of pressure boundary for coolant of power generation
nuclear reactor facility, or of the boundary for coolant of research nuclear reactor.
2. To shut down nuclear reactor facility, and maintain in safe shut down.
3. To prevent the radiation dose outside the site after the accident from exceeding
the respective specific limits prescribed under the respective Sub-Paragraphs,
Article 3 (of these Rules), or to mitigate the same.
Article 12
The nuclear-graded items provided under Paragraph 1, Article 16 of the Act shall
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denote the quality assurance activity of design, manufacture, inspection, testing and
replacement thereof to be complied with the quality assurance criteria for nuclear
reactor facility, or items prescribed under the quality assurance program verified by
the competent authorities.
Article 13
Any individual, business entity or institute, who applies with the competent
authorities for permit(s) to import, export or remove of nuclear reactor or other
matters designated by the competent authorities pursuant to Article 17 of the Act,
shall submit the appellation, the specification, the quantity, the purpose, the usage and
the situs of nuclear reactor, as well as the materials relating to nuclear safeguard, in
document(s), etc.
The application for permit to import or remove of nuclear reactor pursuant to the
preceding Paragraph shall submit additionally a copy of the construction permit or
the operating license issued by the competent authorities.
Article 14
If any of the registered items under the license issued according to the Act has been
changed, the licensee shall apply, pursuant to Article 18 of the Act, with the
competent authorities for the registration of amendment within thirty (30) days of
such a change.
Article 15
The specific limit provided under Article 20 of the Act shall denote ten thousand
(10,000) kilowatts of thermal power.
Article 16
Pursuant to Paragraph 1, Article 21 of the Act, the decommissioning of nuclear
reactor facility shall be completed within twenty- five (25) years upon obtaining the
permit for decommissioning granted by the competent authorities.
The radiation-contaminated facilities, structure(s) or substance(s) which are
dismantled or removed shall be stowed in facility approved by the competent
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authorities.
Article 17
Pursuant to Article 22 of the Act, the radiation doses in the post-decommission site of
nuclear reactor facility shall be complied with following standards:
1. For the restrictive use thereof, the annual dose equivalent caused to common
people shall not exceed one (1) milli-Sievert (mSv).
2. For the non-restrictive use thereof, the annual dose equivalent caused to common
people shall not exceed decimal two five (0.25) milli-Sieverts (mSv).
Article 18
The extent of significant regulating items involved in the amendment on the
decommissioning plan provided under Paragraph 2, Article 25 of the Act shall denote
that the amendment on decommissioning plan is involved in one of following
circumstances:
1. The environmental radiation may be increased.
2. The radiation dose(s) on the personnel for decommissioning may be increased.
3. The production of radioactive waste may be increased.
4. That the decommissioning plan may have an uncovered safety issue or issues has
been discovered.
5. The schedule for completing decommissioning operation has been adjusted.
6. Other matters designated by the competent authorities.
Article 19
That the public health/safety or the environmental ecology may be hazarded provided
under Paragraph 1, Article 14 of the Act, which is applicable, mutatis mutandis, to
Article 26 of the Act, shall denote one of following circumstances:
1. The performance of quality assurance program is seriously imperfect, which
results in a gross influence upon the quality of de-commissioning activities.
2. A great discrepancy （or discrepancies）is （are）between the operation on the
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scene and the commitment in the decommissioning plan, which influences the
environment or the radiation safety.
3. The evaluation of relevant documents, materials, records or inspection findings
reveals that the decommissioning of nuclear reactor facility might not be complied
with the prescription under Paragraph 1, Article 23 of the Act.
4. A serious accident of occurrence, which leads to a demeritorious impact upon the
operation on the scene.
5. Other matters held and decreed by the competent authorities.
Article 20
The report on environmental radiation monitoring on the post-decommissioning site
provided under Article 28 of the Act shall contain following items:
1. The purpose, items, modus, map of sampling situs of monitoring.
2. Findings and analysis of monitoring.
3. Evaluation of radiation dose.
4. Other items designated by the competent authorities.
Article 21
The formats as to applications and documentations provided under these Rules shall
be prescribed by the competent authorities.
Article 22
These Rules shall become effective as of the date of promulgation. |