Enforcement Rules for the Nuclear Emergency Response Act
1.中華民國九十四年三月三日行政院原子能委員會會技字第 0940009724 號令訂定發布全文 17 條;並自核子事故緊急應變法施行之日施行 2.中華民國一百零一年三月二十八日行政院原子能委員會會技字第 10100 04679 號令修正發布第 16、17 條條文;並自一百零二年一月一日施行 3.中華民國一百零六年十月二日行政院原子能委員會會技字第 106001283 51 號令修正發布第 10、14、16、17 條條文;並自一百零七年一月一 日施行 4.中華民國一百十一年十月五日行政院原子能委員會會技字第 111001352 01 號令修正發布第 4、5、17 條條文;並自發布日施行 中華民國一百十二年九月十八日行政院院臺規字第 1121033555 號公告 第 2 條、第 4 條第 1 項、第 2 項、第 5 條第 1 項、第 3 項、第 6 條、第 8 條第 1 項、第 9 條第 1 項、第 10 條第 1 項、第 2 項序文、第 11 條第 2 項序文、第 13 條、第 14 條第 1 項序文、第 15 條、第 16 條第 2 項所列屬「行政院原子能委員會」 之權責事項,自一百十二年九月二十七日起改由「核能安全委員會」管 轄
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These Enforcement Rules are stipulated in accordance with Article 44 of the Nuclear Emergency Response Act (hereinafter referred to as “the NER Act”) .
Pursuant to Paragraph 6.3 of the NER Act, nuclear reactor facility licensees (hereinafter referred to as “licensees”) shall, when applying for initial loading of the nuclear fuel or within three months after the NER Act comes into force, draw up plans for the establishment of the Nuclear Emergency Response Unit and the activation timing, operating procedures and grouping of the Nuclear Emergency Response Organization within the facility and submit them to the central Competent Authority for approval.
1Paragraph 3.1
2Pursuant to Paragraph 13.1 of the NER Act, when licensees define the Emergency Planning Zone (EPZ) in the area surrounding a nuclear reactor facility, they shall conduct according to the following rules:
31. The predicted radiation dose outside the EPZ resulting from design basis accidents shall not exceed the evacuation intervention criteria stipulated in the Nuclear Emergency Public Protective Action Guides.
42. The annual probability of the predicted radiation dose outside the EPZ resulting from a core meltdown accident exceeding evacuation intervention criteria stipulated in the Nuclear Emergency Public Protective Action Guides shall be less than three in 100,000.
53. The annual probability of the predicted radiation dose outside the EPZ resulting from a core meltdown accident exceeding 2 Sv shall be less than three in 1,000,000.
6Paragraph 3.2
7When licensees define the EPZ in accordance with the rules stipulated in the previous paragraph, the EPZ radius (with the nuclear reactor facility as its center) shall be no less than five kilometers, and shall be defined on the basis of village (neighborhood) administrative areas.
1Paragraph 4.1
2Pursuant to Paragraph 13.1 of the NER Act, licensees shall, when applying for initial loading of the nuclear fuel, or within six months after the NER Act comes into force, submit the EPZ that they have defined in accordance with the previous paragraph to the central Competent Authority for approval.
3Paragraph 4.2
4After the preceding EPZ is approved and publicly announced by the central Competent Authority, the licensee shall review and revise said EPZ every three years, and submit revisions to the central Competent Authority for approval prior to the stipulated deadline.
5Paragraph 4.3
6The review and revision prescribed in the preceding paragraph may be conducted anytime if required.
1Paragraph 5.1
2Pursuant to Paragraph 13.2 of the NER Act, licensees shall, when applying for initial loading of the nuclear fuel, or within six months after the NER Act comes into force, submit the analysis and planning of the public protective measures within the EPZ to the central Competent Authority for approval.
3Paragraph 5.2
4The preceding analysis and planning of the public protective measures shall include the following items:
51. Population distribution
62. Radiation detection plan
73. Public siren system
84. Public assembly, evacuation and accommodation
9Paragraph 5.3
10After the preceding analysis and planning of the public protective measures is approved by the central Competent Authority, the licensee shall review and revise said measures every three years, and submit revisions to the central Competent Authority for approval.
Licensees shall, in accordance with Paragraph 13.2 of the NER Act, take the public protective measures analysis and planning results approved by the central Competent Authority as a basis for establishing facilities for radiation detection and public siren systems and related equipment, and take responsibility for maintenance and management of said systems and equipment.
1Paragraph 7.1
2The Emergency Response Basic Plan specified in Paragraph 14.1 of the NER Act shall include the following items:
31. General summary.
42. Emergency response organizations and responsibilities.
53. Important items of the Regional Public Protection Plan and the Nuclear Reactor Facility Emergency Response Plan.
64. Preparedness measures.
75. Emergency response exercises.
86. Accident reporting and mobilization.
97. Relief and recovery measures for emergency response organizations.
108. Supervision and evaluation of emergency response plans.
11
1Paragraph 8.1
2The local Competent Authority shall, within six months after approval and public announcement of the Emergency Response Basic Plan and Nuclear Emergency Public Protective Action Guides by the Executive Yuan, draw up the Public Protection Plan within the EPZ in accordance with Paragraph 14.2 of the NER Act, and submit said plan to the central Competent Authority for approval and public announcement in accordance with Paragraph 14.4.
3Paragraph 8.2
4The Public Protection Plan within the EPZ in the preceding paragraph shall include the following items:
51. General summary.
62. Nuclear accident categories.
73. Emergency response organizations and responsibilities.
84. Emergency response workplace and equipment layout.
95. Accident reporting and mobilization of emergency response organizations.
10
1Paragraph 9.1
2Pursuant to Paragraph 14.4 of the NER Act, licensees shall, when applying for the initial loading of the nuclear fuel, or within six months after approval and announcement of the Emergency Response Basic Plan and Nuclear Emergency Public Protective Action Guides by the Executive Yuan, submit the Nuclear Reactor Facility Emergency Response Plan drawn up in accordance with Paragraph 14.3 of the NER Act to the central Competent Authority for approval and public announcement.
3Paragraph 9.2
4The Nuclear Reactor Facility Emergency Response Plan in the preceding paragraph shall include the following items:
51. General summary.
62. Nuclear accident categories, determination procedures and methods.
73. Emergency response organizations and responsibilities.
84. Preparedness measures.
95. Emergency response measures.
1Paragraph 10.1
2Pursuant to Paragraph 15.1 of the NER Act, the central Competent Authority shall select one EPZ to conduct exercises at least once every three years based on the approved Emergency Response Basic Plan.
3Paragraph 10.2
4Prior to conducting the exercises in the preceding paragraph, the central Competent Authority shall coordinate with designated agencies, the regional Competent Authority and relevant emergency response organizations to determine which of the following items (all or part) will be included in said drills, and to draw up an exercise plan:
51. Accident reporting and information transmission.
62. Mobilization of emergency response organizations.
73. Accident impact assessment.
84. Radiation detection and dose evaluation.
95. Area control.
10
1Paragraph 11.1
2For each nuclear reactor facility, licensees shall, in accordance with Paragraph 15.4 of the NER Act, carry out exercises based on the Nuclear Reactor Facility Emergency Response Plan each year.
3Paragraph 11.2
4Prior to conducting the exercises in the preceding paragraph, licensees shall determine which of the following items (all or part) will be included in said exercises, draw up a exercises plan, and submit said plan to the central Competent Authority for approval. However, exercises including all of the following items shall be carried out for each nuclear reactor facility once every four years:
51. Accident reporting and information transmission.
62. Mobilization of emergency response organizations.
73. Accident control and emergency repair.
84. Accident impact assessment.
95. Nuclear security and anti-terrorism.
1The public protective materials and equipment prescribed in Paragraph 18.1, Subparagraph 3 of the NER Act shall include the following:
21. Drinking water, food and other daily necessities.
32. Vehicles for evacuation and transport of personnel and materials.
43. First-aid medical equipment and supplies.
54. Rescue equipment.
65. Iodine tablets.
76. Other necessary materials and equipment.
When a nuclear accident occurs, or is concerned of occurring, licensees shall, in accordance with Paragraph 23.1 of the NER Act, notify the competent authorities of various levels stipulated in Article 3 of the NER Act by telephone within 15 minutes, and in writting within one hour.
1Paragraph 14.1
2Pursuant to Paragraph 23.2 of the NER Act, licensees shall, after completing the preceding notifications, and prior to elimination of the causes of the nuclear accident, submit a written report including the following items to the competent authorities of various levels stipulated in the NER Act once every hour:
31. Explanation of accident causes.
42. Explanation of current power unit status.
53. Accident trends.
64. Radioactive material release status, including environmental radiation monitoring data of the site boundary.
75. Initial rating on International Nuclear Event Scale (INEX) system.
86. Relevant response measures.
9Paragraph 14.2
10
Designated agencies, the regional Competent Authority and licensees shall, in accordance with Paragraph 29.1 of the NER Act, submit a summary of how the accident was managed to the central Competent Authority within two days after relief of the responsibilities of the various emergency response organizations, and submit an emergency response working report within 30 days.
1Paragraph 16.1
2The amount of money to be collected for each nuclear reactor facility in accordance with Paragraph 43.1 of the NER Act shall be NT$38 million, which shall be paid by licensees prior to January 31 each year.
3Paragraph 16.2
4The amount of money in the preceding paragraph shall be reviewed and adjusted by the central Competent Authority once every five years; where necessary, said amount may be reviewed and adjusted at any time.
1Paragraph 17.1
2These Enforcement Rules shall come into force on the date of the promulgation of the NER Act.
3Paragraph 17.2
4The amendments to the Enforcement Rules amended on March 28, 2012 would come into force on January 1, 2013. The amendments to the Enforcement Rules amended on October 2, 2017 shall come into force on January 1, 2018.
5Paragraph 17.3
6Unless otherwise specified, the amendments of the Rules shall come into force as from the date of promulgation.
11Paragraph 5.4
12The review and revision prescribed in the preceding paragraph may be conducted anytime if required.
12Paragraph 7.2
13The contents of the Nuclear Emergency Public Protective Action Guides specified in Paragraph 14.1 of the NER Act shall include intervention criteria for response and recovery measures.
117. Emergency response measures.
128. Recovery measures.
139. Supervision and evaluation of emergency response plans.
117. Supervision and evaluation of emergency response plans.
117. Decontamination.
128. Recovery measures.
139. Press release.
117. Facility personnel protection (first aid) actions.
128. Press release.