The criteria, procedures and conditions under Clause one hereof shall include one or more of the following issues:
(1) the location and surrounding conditions of an energy business facility;
(2) technical, engineering and safety standards;
(3) standards and quality of the service provision;
(5) efficiency of the energy and resource utilization;
(6) efficiency of the energy industry operation and service provision;
(7) categories and types of fuel, including requirements for the use of renewable energy;
(8) processes and technologies used in the energy industry operation;
(9) protection against and solution to energy shortages;
(10) competition in the energy industry operation and prevention of abusive use of monopoly power;
(11) shareholding structure and relationship with other energy industry operators;
(12) the hearing process and public relations to raise understanding of the general public and stakeholders;
(13) environmental standards;
(14) measures to alleviate social and environmental impacts in the vicinity of the energy business facility;
(15) the comprehensiveness and completeness of the report made to the ERC.
When an applicant for a license has paid the license fee and the fee for the energy industry operation to the Office, the ERC shall issue a license to that applicant.
After having issued the licenses, the ERC shall make public the name list of the licensees via the website of the Office.
When a licensee wishes to commence operation of any part of his electricity industry, the licensee shall have to inform the Office prior to the commencement date of the operation according to the criteria, procedures and conditions set forth by the ERC.
In the event that the licensee wishes to carry out a trial run of the machinery or equipment prior to the commencement of the electricity industry operation under Clause one hereof, the licensee shall have to inform the Power System Operator of the date, time and duration of the trial run of the machinery or equipment, and the Power System Operator shall promptly notify back to the licensee of the exact date and time scheduled for the trial run.
The duration of the energy industry operation shall accord with the duration specified in the license.
In requesting extension of a license, the licensee shall have to submit a petition for the extension before the license expires. After the petition submission, the petitioner will still be regarded as a licensee until a contrary notification is received.
The application for license extension and the license granting, including the rate of the license extension fee, shall be in conformity with the criteria, procedures and conditions stipulated by the ERC. The mentioned criteria, procedures and conditions shall be similar to the criteria, procedures and conditions under Section 50 and Section 51.
The licensee shall be prohibited from transferring the rights granted by the license to another person, in whole or in part, unless approval is granted by the ERC, according to the criteria, procedures and conditions specified by the ERC.
In the case where it is found that the licensee lacks the qualifications or fails to comply with the regulations stipulated by the ERC under Section 50, the ERC may order the suspension or cancellation of the license, according to the criteria, procedures and conditions specified by the ERC.
In the event that occasional electricity shortages may occur or that it is essential to reserve fuel for electricity generation for the sake of the security or economic benefits of the country, the ERC, by and with consent of the Minister, shall have the power to order the licensees to increase or reduce their electricity generation or distribution.
In the case of occasional shortages of natural gas and for the sake of the national security, the ERC shall have the power to order the licensees who are natural gas suppliers and wholesalers to negotiate with natural gas sellers in order to seek for the means to increase the natural gas production and supply volume and to report the outcome of the negotiations to the ERC.
Licensees are prohibited to halt or cease their energy services, unless they have taken actions in conformity with the criteria, procedures and conditions prescribed by the ERC.
Any licensee who wishes to discontinue the energy industry operation shall have to inform the Office in writing in advance, according to the criteria, procedures, conditions and period of time as prescribed by the ERC.
In the case that the discontinuity of the energy industry operation, according to the categories, capacities and locations specified by the ERC, will affect the energy system security and is still pending for another licensee to take over his operation, the ERC shall have the power to order a government or private agency with experience and expertise in the energy industry operation to temporarily run the business until another licensee takes over the operation or until it is deemed by the ERC that the energy industry operation should be discontinued.
The replacing government or private agency shall be regarded as a licensee, having the rights and duties under this Act.
The government or private agency that operates the business in lieu of the licensee shall have the rights to enter and use the energy industry facility of the licensee having discontinued the operation under Clause one hereof, to the extent that it is deemed necessary to maintain the continuity of the energy service provision. The government or private agency 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. If damage is caused to the licensee, he shall have the rights to claim for compensation for such damage from the Office, according to the criteria, procedures and conditions prescribed by the ERC.
The apportionment of the revenue and costs incurred, during the period of the operation in lieu of the licensee, between the replacing operator and the licensee who has discontinued the energy industry operation shall be in conformity with the criteria, procedures and conditions prescribed by the ERC.
The ERC shall have the power to issue the regulations establishing the criteria to prevent any acts that are monopolistic, reduce competition or limit competition in the energy service provision.
In the event that a licensee does not comply with the criteria under Section 60, the ERC shall have the following authority:
(1) to order the licensee to stop or correct the practice that is monopolistic, reduces competition or limits competition;
(2) to change the license conditions.
In the case where the ERC views that the service provision of a licensee may cause damage to the systems, machinery and equipment of energy consumers or other energy industry operators, the ERC shall have the power to order that licensee to improve his service provision within the period of time determined by the ERC.