| Legislative： |
Promulgated and enforced by Letter Hui-Wu-Tzu No. 0930021810 on July 14th, 2004
Amendment of Articles 2 on July 9, 2012 by the Atomic Energy Council per its
decree No. Hui-Wu-Tzu-1010010790
Amendment of all Articles on November 16, 2018 by the Atomic Energy Council, Executive Yuan per its Decree No. Huei-He-Tzu-10700136792. |
| Content： |
Article 1
These Regulations are enacted pursuant to Paragraph 4 of Article 23 of the
Nuclear Reactors Facilities Regulation Act (hereinafter referred to as
“the Act”).
Article 2.
To apply for decommissioning of nuclear reactor facilities, the licensee
shall submit an application form enclosed with a decommissioning plan to
the competent authority for review and pay the fee.
If the decommissioning of nuclear reactor facilities shall implement the
environmental impact assessment, the licensee shall submit related documents
of the environmental impact assessment approved by the environmental
protection authority before the competent authority issues the
decommissioning permit.
Article 3
The decommissioning plan referred to in Paragraph 1 of the preceding Article
shall include the following contents:
(1) Facility overview, operating history, significant events in the past years
and their impacts.
(2) Radioactivity survey methods and preliminary assessment results for
facilities system, equipment, components, and materials.
(3) Decommissioning objectives, time schedule and the equipment, method
and procedures of safety.
(4) System, equipment and components that are required to operate during
the decommissioning period and the operation patterns.
(5) The safety analysis of anticipated occurrence of accidents during the
decommissioning period.
(6) Methods for decontamination and the disposal of the radioactive waste
gas and liquid during the decommissioning period.
(7) Classification, characteristics, quantity, reduction measures and the
planning for treatment, transportation, storage and final disposition of
the radioactive waste of the decommissioning.
(8) Radiation dose evaluation and radiation protection measures.
(9) Environmental radiation monitoring.
(10) Organization and personnel training.
(11) Nuclear safeguards materials and the management of the related
equipment.
(12) Reutilization plan of facility buildings and lands.
(13) Quality assurance program.
(14) Security measures.
(15) Accident response plan.
.
(16)The report of technology, management ability and the financial basis
including the financial guarantee statement, which shall include the
financial sources and financial planning of the expenses for decommissioning
of the facilities and management of radioactive waste.
(17) Other contents required by the competent authority in public notice.
Article 4
Upon receiving the documents referred to in Paragraph 1, Article 2, if the
competent authority considers that they are incomplete or noncompliant, it
shall detailedly list the documents to be supplemented or corrected and
notify the applicant to supplement or correct within a specified deadline；
If the applicant fails to do so after the deadline expires or the
supplemented or corrected documents do not comply with the relevant
provisions, the competent authority shall not accept the application.
Article 5
After receiving the complete documents referred to in Paragraph1, Article 2,
the competent authority shall draw a notification of evaluation results to
the licensee within one year.
Article 6
The review period referred to in the preceding Article shall commence from
the day when the applicant prepares all the required documents.
The review period referred to in the preceding Paragraph does not include
the following periods:
(1) Not more than sixty days for the related competent authority to
interpret the laws or consult with other government agencies (institutions).
(2) Other delays not attributable to the competent authority.
Article 7
Before all nuclear fuels are removed from the nuclear reactor vessel in
decommissioning period, the nuclear reactor operator shall have reactor
operator license; the license management and medical examination shall be
implemented according to the provisions of the regulation on the reactor
operator license and for the implementation of medical examination of
reactor operator.
To meet the needs in the operation of decommissioning unit, the licensee may
adjust the training requirements and the content of the retraining plan of
the qualification for the reactor operator. These adjustments shall be
implemented after submitting to the competent authority for review and
approval, and they are not subject to the relevant provisions of the
regulation in preceding paragraph.
Article 8
Before all nuclear fuels are removed from the nuclear reactor facilities
in decommissioning period, the licensee shall follow safety analysis
report and the technical specification to operate.
The licensee may revise the safety analysis report and specification under
preceding Paragraph, and implement them after submitting to the competent
authority for review and approval
Article 9
Before all nuclear fuels are removed from the nuclear reactor facilities in decommissioning period, the licensee shall hire the authorized inspection
agency to inspect the nuclear reactor facilities.
The certification of authorized inspection agencies and the scope of
inspection for nuclear reactor facilities referred to in the preceding
paragraph shall be in accordance with (mutatis mutandis) the regulations
on the scope of inspection and on the certification of authorized
inspection agencies for nuclear reactor facilities.
Article 10
During decommissioning period, the licensee shall submit the report related
to radiation safety, environmental radiation monitoring, report on
radioactive gas and liquid waste release, record of radioactive waste
production, report on the investigation of site environment and public
dose assessment parameters of nuclear reactor facilities, and other
reports designated by component authority.
The deadlines for submitting the respective reports or records to the
competent authority by the licensee referred to preceding Paragraph shall
be subject to following provisions:
(1) Radiation safety, environmental radiation monitoring report, report on
radioactive gas and liquid waste release: a quarterly report be submitted
within sixty (60) days upon end of each quarter; an annual report be
submitted within ninety (90) days upon end of each year.
(2) Radioactive waste production record: a monthly report be submitted
within thirty (30) days upon end of each month.
(3) Report on the investigation of site environment and public dose
assessment parameters of nuclear reactor facilities: a report shall to
be submitted every five years; research reactor facilities are not subject
to this provision.
Article 11
During the decommissioning period of the nuclear power reactor facilities,
one of the situations occurred which are prescribed in Annexed 1 that shall
notify instantly, the licensee shall use phone to notify the competent
authority about the time, sequences, impact, any radioactive contamination
or release、personnel radiation exposure harm and other matters within
specified period, and fill the notification and transmit the documents.
If the accident continues to deteriorate, the licensee shall report again
under previous provisions.
During the decommissioning period of the nuclear power reactor facilities,
one of the situations occurred which are prescribed in Annexed 2, the licensee
shall submit written report within thirty (30) days to the competent authority
and include the following contents:
(1) Event sequences, causes, and unit condition prior to the event.
(2) Any radioactive materials released and the quantity released.
(3) Any personnel suffered from radiation exposure and the injured situation.
(4) And potential impact.
(5) Similar events occurred in the past.
(6) Corrective and preventive measures.
During the decommissioning period of research reactor facilities, one of
the situations occurred which are prescribed in Annexed 3, the licensee shall
notify the competent authority within two hours, and submit written report
within thirty (30) days; the way and content for the notification shall be
accordance with the provisions in preceding two paragraphs.
Article 12
The licensee shall submit an annual implementation report and a revised
version of the decommissioning plan according to approved
decommissioning plan to the competent authority for review and approval
by March 31 each year.
Annual operation report under preceding Paragraph shall include the
following contents:
(1) The completed tasks of decommissioning, ongoing tasks, and the
expenditures of previous year.
(2) The important tasks and estimated expenditure which are planned to
execute for the current year.
(3) Analysis of integrated activities of decommissioning, accumulated
expenditures, and the latest cost estimation of integrated expenditures of decommissioning.
Article 13
Within six months of completing the decommissioning plan of nuclear reactor
facilities, the regulation of decommissioning shall be lifted after the
licensee submit the report on environmental radiation detection on the
post-decommissioning site and report of completion of decommissioning
to the competent authority for review and approval.
The report of completion of decommissioning referred to preceding paragraph
shall include the following contents:
(1) Decommissioning strategy and related implementation of nuclear reactor
facilities.
(2) Radiation protection of the workers and the public during the
decommissioning process.
(3) The results of the final site survey on radiation dose.
(4) The management of radioactive waste and the quantity of materials
released.
(5) Subsequent oversight of the post-decommissioning site.
(6) Other items designated by the competent authority.
Article 14
The decommissioning plan, the decommissioning plan related documents,
information, various reports or records reported in accordance with this
regulation which have been reviewed by the competent authority shall be
permanently preserved; the licensee shall set a list of categories and
preservation duration for documents and information related to
decommissioning technologies, analysis, measurement, and the others,
and submit the list to the competent authority for reference.
Article 15
The formats of the application forms set forth in these regulations
shall be prescribed by the competent authority.
Article 16
These regulations shall come into force as of the date of promulgation. |