| Legislative： |
1.Promulgated on March 25, 1998 by the Atomic Energy Counci1ofthe Executive Yuan
(87)-Hui-Zong-Zi-5370 |
| Content： |
ENFORCEMENT RULES OF NUCLEAR DAMAGE COMPENSATION LAW
Article 1
These Enforcement Rules axe enacted pursuant to Article 36 of the Nuclear
Damage Compensation Law (hereinafter referred to as the "Law').
Article 2
The tem "the final process off fabrication” as mentioned in the proviso of Article 3
of the Law refers to the process of fabricating and processing radioisotopes after
removal thereof from a nuclear reactor.
Article 3
The term “radiation compounded toxic property" as mentioned in Article 8 of the Law refers to the physiological symptom and the successively occurring
symptoms jointly caused by radiation injury and chemical toxic injury resulted from exposure to, intake or inhale of radioactive material by the human body.
Article 4
The financial guarantee stipulated m Chapter III of the Law refers to the following
guarantees deposited in a designated account established by a nuclear installation
operator at any bank or at a bank designated by the government treasury:
1. Cash;
2. Government Bond, Treasury Note;
3. Cashier's Check Bank Guaranteed Check or Certificate of Deposit.
The designated account in the preceding paragraph shall be jointly established by
the nuclear installation operator and the Atomic Energy Council of the Executive
Yuan.
Article 5
With respect to the yields accrued on the guarantee deposited by a nuclear
installation operator in accordance with the first paragraph of the preceding Article,
the nuclear installation operator may, after the approva1 of the Atomic Energy
Council of the Executive Yuan, withdraw the excess of the guarantee including the
yields over the amount required to be deposited.
Article 6
When reporting its liability insurance or financial guarantee in accordance with the
first paragraph of Article 25 of the Law, the nuclear installation operator Shall
submit the following information to the Atomic Energy Council of the Executive
Yuan for approval:
1. Name and address of the applicant ; in the event of a juridical person, the
name and address of the juridical person and the name of its representative;
2. Type of nuclear installation;
3. Name and address of nuclear installation;
4. with respect to the operation of a nuclear reactor, the thermal power output
shall be specified;
5. For an instal1tion producing nuclear materials, the we and quantity shall be
specified;
6. For the transportation of nuclear materials , the usage and quantity shall
be specified;
7. For an installation engaged in processing, storing or final disposition, the
type and quantity shall be specified;
8. The anticipated commencing date and the anticipated completion date for the
operation of nuclear installation or the transportation of nuclear materials;
9. The means of liability insurance or financial guarantee adopted for the
performance of nuclear damage compensation liability.
With respect to sub-paragraph 9 of the preceding paragraph, evidential documents
shall be submitted as well.
Article 7
In respect of operation of a nuclear installation or transportation of nuclear
materials, the rules governing the reduced amount for liability insurance or
financial guarantee in accordance with the third paragraph of Article 25 of the Law
are as follows:
1. For nuclear reactor whose thermal power is greater than one hundred
kilowatts(100 kw) but less than ten thousand kilowatts(10,000 kw),
including the transportation, processing, storage or disposition of nuclear
materials accompanying such nuclear reactor on the site of the nuclear
installation, the mount is reduced to Eight Hundred Forty Million New
Taiwan Dollars (NT$840,000,000).
2. For nuclear reactor whose thermal power is less than one hundred kilowatts
(100 kw), including the transportation, processing, storage or disposition of
nuclear materials accompanying such nuclear reactor on the site of the
nuclear instal1ation, the amount is reduced to Two Hundred Ten Million
New Taiwan Dollars (NT$210,000,000).
3. For an installation producing nuclear materials, the amount is reduced to
Eight Hundred Forty Million New Taiwan Dollars (NT$840,000,000).
4. For an installation exclusive1y for the processing, storage or disposition of
nuclear materials, the amount is reduced to Two Hundred Ten Minion New
Taiwan Dollars (NT$210,000,000).
5. For an installation disposing spent nuclear fuel or the waste produced during
the reprocessing of the spent nuclear fuel the amount is reduced to Eight
Hundred Forty Minion New Taiwan Dollars (NT$840,000,000).
6. For the transportation of nuclear fuel where the quantity of each transport is
less than ten thousand Kilograms (10,000 kg), the amount is reduced to Two
Hundred Ten Million New Taiwan Dollars (NT$210,000,000).
7. For the transportation of nuclear fuel where the quantity of each transport is
at ten thousand Kilograms (10,000 kg) or more, the amount is reduced to Four
Hundred Twenty Minion New Taiwan Dollars (NT$420,000,000).
8. For the transportation of radioactive product or waste where the quantity of
each transport is less than ten thousand (10,000) times of a certain limited
quantity, the amount is reduced to Two Hundred Ten Minion New Taiwan
Dollars (NT$210,000,000).
9. For the transportation of radioactive product or waste where the quantity of
each transport is at ten thousand (10,000) times or mom of a certain limited
quantity, the amount is reduced Eight Hundred Forty Million New Taiwan
Dollars (NT$840,000,000).
With respect to installations producing nuclear materials as stipulated in sub-
Paragraph of the preceding paragraph, installations for reprocessing of spent
nuclear fuel are excluded.
Article 8
Where several nuclear installations belonging to one and the same nuclear
Installation operator and located at the same site, the amount of liability insurance
Or financial guarantee the operator shall maintain shall be the highest amount
among those required of such several nuclear installations.
Article 9
In order to ensure that a nuclear installation operator maintains liability insurance
or financial guarantee sufficient to cover the maximum amount of nuclear damage
compensation liability, the Atomic Energy Council of the Executive Yuan may,
where necessary, examine the above at any time.
In the event that the result of examination as stipulated in the preceding paragraph
reveals at the coverage is insufficient to cover the maximum amount of nuclear
damage compensation liability, the Atomic Energy Council of the Executive Yuan
may order the nuclear installation operator to make up for the difference within a
limited period of time.
Article 10
When the insurer of liability insurance or the guarantor of financial guarantee
notifies the Atomic Energy Council of the Executive Yuan in writing to cease or
terminate said liability insurance or financial guarantee in accordance with Article
26 of the Law, the following information shall be submitted:
1. Name and address of the applicant ; in the event of a juridical person, the
name and address of the juridical person and the name of its representative;
2. In the case of liability insurance, a copy of the liability insurance agreement;
3. In the case of financial guarantee account number of the designated
account established at any bank or at a bank designated by the government
treasury;
4. The reasons for ceasing or terminating the liability insurance or financial
guarantee.
Article 11
In the event of any one of the following circumstances, the nuclear installation
operator may, with the approval of the Atomic Energy Council of the Executive
Yuan, cease or terminate the financial guarantee it maintains in accordance with
Article 4:
1. Completion of compensation for nuclear damage and no possibility
whatsoever of the reoccurrence of any nuclear incident or nuclear damage;
2. Completion of transportation of nuclear materials;
3. Completion of decommissioning of nuclear installation or exemption from
supervision/control of such nuclear installation.
Article 12
These Rules shall come into force on May 14, 1998. |