| Legislative： |
1.中華民國九十三年四月七日行政院原子能委員會會物字第 0930010686
號令訂定發布全文 15 條；並自發布日施行
2.中華民國九十六年二月十六日行政院原子能委員會會物字第 096000495
9 號令修正發布第 3、4 條條文
3.中華民國九十七年一月二十四日行政院原子能委員會會物字第 0970001
430 號令修正發布第 13 條條文 |
| Content： |
Regulations for the Review and Approval of Applications for Construction
License of Nuclear Source Material and Nuclear Fuel Production and Storage
Facilities
Promulgated and enforced by Letter Hui-Wu-Tzu No.0930010686 on 7 April 2004
Article 1
These Regulations are enacted pursuant to Paragraph 4 of Article 8 of the Nuclear Material
and Radioactive Waste Management Act (hereinafter referred to as "the Act").
Article 2
To apply for construction license of nuclear source material and/or nuclear fuel production
or storage facilities in accordance with Paragraph 1 of Article 8 of the Act, the applicant
shall meet any of the following qualification requirements:
1. Applying for or holding a construction or operation license of nuclear reactor.
2. School or government agency (institution) established by law.
3. Limited liability company established in accordance with the Company Act, provided
with the following total amount of capital stock:
(1) Nuclear fuel production facilities: NT$1 billion.
(2) Nuclear fuel storage facilities: NT$100 million.
(3) Nuclear source material production facilities: NT$100 million.
(4) Nuclear source material storage facilities: NT$10 million.
Where the applicant is a nonprofit agency (institution), the provision of Subparagraph 3 of
the preceding Paragraph shall apply to the minimum total capital of the fund established by
the applicant.
Article 3
The applicant shall submit an application form enclosed with a safety analysis report and a
financial guarantee statement to the competent authority for review and pay the licensing
fee.
Where environmental impact assessment shall be conducted for the nuclear source material
or nuclear fuel production or storage facilities, the application form referred to in the
preceding Paragraph shall be enclosed with the relevant environmental impact data
recognized by the competent authority in charge of environmental protection.
Article 4
The safety analysis report referred to in Paragraph 1 of the preceding Article shall include
the following contents:
1. Introduction.
2. Description of site characterization.
3. Design base of the facilities.
4. Organizational planning, administrative management and personnel training plan for
the facilities.
5. Safety evaluation for the facilities.
6. Radiation protection and environmental radiation monitoring plan.
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7. Quality assurance plan.
8. Scurity plan.
9. Material and accounting record management plan for special nuclear materials.
10. Management planning for radioactive waste treatment, storage and final disposal.
11. Primary decommission plan.
12. Other contents required by the competent authority in public notice.
Article 5
The security plan referred to in Subparagraph 8 of the preceding Article shall include the
following contents:
1. Organization, management and training for security.
2. Allocation and control of security areas.
3. Physical obstructs around the facilities, and break-in detection and alarm monitoring
system.
4. Security communication facilities and coordination with the police office.
5. Test, maintenance and related records keeping of the security system.
6. Other contents required by the competent authority in public notice.
Article 6
The financial guarantee statement referred to in Paragraph 1 of Article 3 shall include the
budget sources and financial planning of the expenses for construction, operation and
decommission of the facilities.
Article 7
Upon receipt of the documents referred to in Paragraph 1 of Article 3, if the competent
authority deems they are incomplete or wrong, it shall clear and detailed list the documents
to be supplemented or corrected and notify the applicant to finish supplementation or
correction within a specified time limit. If the applicant fails to do so after the time limit
expires or the supplemented or corrected documents do not conform to the relevant
provisions, the competent authority shall not accept the application.
Article 8
After bulletining the application for a certain period in accordance with the provisions of
Paragraph 3 of Article 8 of the Act, the competent authority shall collect the opinions of
individuals, government agencies or organizations and hold a public hearing within sixty
days, and compile the transcript of the public hearing within thirty days.
Article 9
After receipt the documents referred to in Paragraph 1 of Article 3, the competent authority
shall complete its review and bulletin the conclusion within the following time limit:
1. Nuclear source material storage facilities: six months.
2. Nuclear fuel storage facilities: ten months.
3. Nuclear source material production facilities: one year.
4. Nuclear fuel production facilities: one year and six months.
Article 10
3
The time limit for reviewing referred to in the preceding Article shall commence from the
day when the applicant submits all the necessary documents and pay the licensing fee to the
competent authority.
The time limit for reviewing referred to in the preceding Paragraph does not include the
following periods:
1. Not more than sixty days for the related competent authorities to explain the laws or
consult with other government agencies (institutions).
2. Other delay not attributable to the competent authority.
Article 11
Where it is deemed in the review conclusion referred to in Article 9 that the application
should not be approved, the competent authority shall turn down the application.
Article 12
Where it is deemed in the review conclusion referred to in Article 9 that the application
should be approved, the competent authority shall notify the applicant to pay the license
issuance fee and then issue the construction license.
Article 13
The radiation protection design of nuclear source material and nuclear production or
storage facilities shall ensure the annual effective dose equivalent caused to general public
outside the facility not exceeds 0.25mSv, and conform to the as low as reasonably
achievable principle.
The radiation protection design of nuclear source material and nuclear production or
storage facilities within nuclear reactor facility shall conform to the provisions of the
Nuclear Reactor Facilities Regulation Act.
Article 14
The formats of the application forms and licenses set forth in these Regulations shall be
prescribed by the competent authority.
Article 15
These Regulations shall come into force as of the date of promulgation. |