In the case of necessity and urgency, a licensee shall have the power to immediately enter the land or the premise of any person, which is not his dwelling place, at any time in order to inspect, repair or fix up the energy network system. However, if the owner, occupying person or right holder is present at the site, he shall be notified prior to the entrance.
When the act under Clause one hereof has been undertaken, the licensee shall report the matter, without delay, to the ERC.
In taking actions under Section 113 or Section 114, the licensee shall cautiously avoid damage to other things; however, if any damage occurs, the licensee shall be liable for the damage.
When a request from a licensee is received, and if the ERC views that it is necessary to protect the energy network system, a protection zone of the energy network system may be demarcated together with the establishment of prohibitions against certain actions within the said zone, according to the criteria, procedures and conditions set forth by the ERC.
Any construction or action to be undertaken within the protection zone of the energy network system shall have to be permitted by the ERC, and in granting the permission, the ERC shall also take into consideration the protection of related energy network systems.
In the event that any construction or action having been granted permission under Clause two hereof causes any damage, the person responsible for the construction or action shall be liable for the compensation for the damage incurred.
No person shall be allowed to damage, destroy, depreciate, negate or do anything that may cause danger to an energy industry facility or an energy network system operator.
For the benefit of this Section, the ERC may establish and announce measures to protect the aforementioned under Clause one hereof, as deemed necessary.
In the energy network system boundary and in the protection zone of the energy network system, which are in any river, canal, sea or waterway, no person shall be allowed to drop or drag the anchors, or drag fishing-nets or any animal-catching tools.
When a ship sails across the energy network system boundary, if the anchor is not weighed until it can be seen well above the water, the act shall be regarded as anchor dragging.
REDRESS OF DISPUTES AND LODGING OF APPEALS
Unless the dispute settlement or lodging of appeals is stipulated otherwise in a contract, the procedures of dispute settlement or lodging of appeal shall comply with the provisions of this Division.
When a dispute occurs between an energy consumer and a licensee, or between a licensee and another licensee, the following procedures shall apply to the consideration and adjudication on the dispute or to subjugate the argument:
(1) For a dispute between an energy consumer and a licensee, the dispute resolution procedures shall comply with the provision of Section 100.
(2) For a dispute between a licensee and another licensee, the dispute resolution procedures shall comply with the regulations prescribed by the ERC.
In the event that any energy consumer, licensee or stakeholder is dissatisfied with any order, regulation, requirement, announcement or code issued by the ERC, the person shall have the right to lodge an appeal to the ERC.
The appeal under Clause one hereof shall be submitted to the ERC within thirty (30) days as from the date of receipt of the ERC’s order or from the date on which the ERC issues the regulation, requirement, announcement or code.
The criteria, procedures and conditions of the appeal submission and the appeal consideration procedures shall be in accordance with the regulations set forth by the ERC.
The appeal under Clause two hereof shall not be the cause to suspend the enforcement of the ERC’s order unless the ERC has given an interim instruction to be otherwise before a decision is made on the appeal.
The ERC’s decision on the appeal shall be treated as final.
For the execution of this Act, the competent officials shall have the authority and duties as follows:
(1) to enter the building or the energy industry facility of a licensee during the time between sunrise and sunset, or during the office hours of that establishment, for the purpose of inspection of the business, accounts, documents or evidence, or relevant information, including any acts of the licensee that may violate or fail to comply with the provisions of this Act or the conditions specified in the license;
(2) to issue a written notification requiring any person’s presence to furnish a statement or ordering the person to submit any document or material for consideration;
(3) to inspect and compile facts, then report to the ERC in the case where the licensee has committed malfeasance or has caused damage arising from the violation of or non-compliance with the provisions of this Act or the conditions specified in the license;
(4) to enter and temporarily make use or occupy the immovable property of any person, which is not his dwelling place, for the benefit of surveying or exploring for a location for an energy network system installation, as stipulated under Section 105, by and with approval of the ERC; and
(5) to enter and carry out the acts affecting the land or assets of other persons, as stipulated under Section 107, Section 109, Section 113, Section 114 and Section 116, by and with approval of the ERC.
Having entered the establishment and commenced the inspection under (1), if the inspection is not completed, the competent officials can continue doing their duties after sunset or after the office hours of that establishment, as may be deemed necessary and appropriate.
In executing the duty under (1), the competent officials shall not act in a threatening or searching manner under the crime procedure code.
A person affected by the duty execution of the competent officials shall provide facilities to the latter, as appropriate.
In executing the duties, a competent official shall produce his identification card to the interested persons.
The identification card of the competent official shall be in the form prescribed and announced by the ERC.
In executing the duties under this Act, the Secretary General, the staff members of the Office and the competent officials shall be considered officials under the Criminal Code.
In the case of an emergency or necessity to maintain the national security or the economic stability, or to protect the public interest, or to maintain peacefulness of the people, the ERC may assign or order a government agency with experience and expertise in the energy industry operation or the competent officials to occupy or utilize the equipment and devices of a licensee to operate the business, or order the licensee or his staff to take any actions until the emergency or necessity dissolves.
In carrying out the implementation under Clause one hereof, the government agency or competent officials shall exercise caution to keep and protect the assets of the licensee in the same manner that an energy industry operator or a person with such a profession should do.
In carrying out the implementation under Clause one hereof, if any damage occurs to the licensee, the latter shall have the right to claim compensation for the damage from the Office, according to the criteria, procedures and conditions prescribed by the ERC.