Enforcement Rules for the Implementation of the Nuclear Emergency Response Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=J0160060

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Article 1


These Enforcement Rules are stipulated in accordance with Article 44 of the Nuclear Emergency Response Act (hereinafter referred to as “the NER Act”) .


Article 2


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.


Article 3


Paragraph 3.1
Pursuant 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:
1. 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.
2. 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.
3. 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.
Paragraph 3.2
When 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.


Article 4


Paragraph 4.1
Pursuant 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.
Paragraph 4.2
After the preceding EPZ is aproved and publicly announced by the central Competent Authority, the licensee shall review and revise said EPZ once every five years, and submit revisions to the central Competent Authority for approval and public announcement six to nine months prior to the stipulated deadline.


Article 5


Paragraph 5.1
Pursuant 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.
Paragraph 5.2
The preceding analysis and planning of the public protective measures shall include the following items:
1. Population distribution
2. Radiation detection plan
3. Public siren system
4. Public assembly, evacuation and accommodation
Paragraph 5.3
After 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 once
every five years, and submit revisions to the central Competent Authority for approval six to nine months prior to the stipulated deadline.


Article 6


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.


Article 7


Paragraph 7.1
The Emergency Response Basic Plan specified in Paragraph 14.1 of the NER Act shall include the following items:
1. General summary.
2. Emergency response organizations and responsibilities.
3. Important items of the Regional Public Protection Plan and the Nuclear Reactor Facility Emergency Response Plan.
4. Preparedness measures.
5. Emergency response exercises.
6. Accident reporting and mobilization.
7. Relief and recovery measures for emergency response organizations.
8. Supervision and evaluation of emergency response plans.
9. Other relevant emergency response items.
Paragraph 7.2
The 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.


Article 8


Paragraph 8.1
The local Competent Authority shall, within six months after approval and public announcement of the Emergency Response Basic Plan and Nuclear Emergency Public
-3-
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.
Paragraph 8.2
The Public Protection Plan within the EPZ in the preceding paragraph shall include the following items:
1. General summary.
2. Nuclear accident categories.
3. Emergency response organizations and responsibilities.
4. Emergency response workplace and equipment layout.
5. Accident reporting and mobilization of emergency response organizations.
6. Preparedness measures.
7. Emergency response measures.
8. Recovery measures.
9. Supervision and evaluation of emergency response plans.


Article 9


Paragraph 9.1
Pursuant 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.
Paragraph 9.2
The Nuclear Reactor Facility Emergency Response Plan in the preceding paragraph shall include the following items:
1. General summary.
2. Nuclear accident categories, determination procedures and methods.
3. Emergency response organizations and responsibilities.
4. Preparedness measures.
5. Emergency response measures.
6. Recovery measures.
7. Supervision and evaluation of emergency response plans.


Article 10


Paragraph 10.1
Pursuant to Paragraph 15.1 of the NER Act, the central Competent Authority shall select one EPZ each year to conduct exercises based on the approved Emergency Response Basic Plan.
Paragraph 10.2
Prior 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:
1. Accident reporting and information transmission.
2. Mobilization of emergency response organizations.
3. Accident impact assessment.
4. Radiation detection and dose evaluation.
5. Area control.
6. Public protection (first aid) actions.
7. Decontamination.
8. Recovery measures.
9. Press release.


Article 11


Paragraph 11.1
For 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.
Paragraph 11.2
Prior 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:
1. Accident reporting and information transmission.
2. Mobilization of emergency response organizations.
3. Accident control and emergency repair.
4. Accident impact assessment.
5. Nuclear security and anti-terrorism.
6. Radiation detection and dose evaluation.
7. Facility personnel protection (first aid) actions.
8. Press release.


Article 12


The public protective materials and equipment prescribed in Paragraph 18.1, Subparagraph 3 of the NER Act shall include the following:
1. Drinking water, food and other daily necessities.
2. Vehicles for evacuation and transport of personnel and materials.
3. First-aid medical equipment and supplies.
4. Rescue equipment.
5. Iodine tablets.
6. Other necessary materials and equipment.


Article 13


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.


Article 14


Paragraph 14.1
Pursuant 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:
1. Explanation of accident causes.
2. Explanation of current power unit status.
3. Accident trends.
4. Radioactive material release status.
5. Relevant response measures.
Paragraph 14.2
After establishment of the Nuclear Emergency Radiation Monitoring and Dose Assessment Center, Nuclear Emergency Support Center and Regional Nuclear Emergency Response Centers, licensees shall submit reports to these centers in accordance with the preceding paragraph.


Article 15


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.


Article 16


Paragraph 16.1
The amount of money to be collected for each nuclear reactor facility in accordance with Paragraph 43.1 of the NER Act shall be NT$54 million, which shall be paid by licensees prior to January 31 each year.
Paragraph 16.2
The 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.


Article 17


These Enforcement Rules shall come into force on the date of the promulgation of the NER Act.
The amendments to the Enforcement Rules shall come into force on January 1, 2013

Note: In case of any discrepancy between the English version and the Chinese text of these Provisions, the Chinese shall govern.