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Bureau of Energy, Ministry of Economic Affairs, R.O.C.

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Regulations Governing the Assessment of Energy Development and Utilization

Article 1
These regulations are promulgated pursuant to Article 15-1 of the Energy Administration Act (hereinafter referred to as the Act).
 
Article 2
The terms applied in these regulations are defined as follows:
1.Volume: in circumstances of electricity generation or cogeneration systems, refers to installed capacity of power generation equipment; in circumstances of petroleum refineries and massive energy-consumption users, refers to chartered capacity of electricity consumption and installed capacity of self-usage power generation equipment.
2.Category: refers to coal (metric ton), petroleum (kiloliters of oil equivalent), natural gas (kilo cubic meter) and electricity (megawatt).
3.Location: north district, refers to areas located north of Feng-Shan River and north of He-Ping River; central district, refers to areas located south of Feng-Shan River, north of Cho-Shui River, and Hualien County; south district, refers to areas located south of Cho-Shui River not belonging to north and central district as well as Taitung County; offshore islands, refer to islands where no transmission lines connecting to the grid of the main island of Taiwan.
4.Massive energy-consumption users: manufacture listed in the Standard Industrial Classification System of the Republic of China, excluding petroleum refineries listed in Petroleum Administration Act.
5.Application Period: identified by the planned years of the business operation on the energy utilization manual.
6.Estimated Percent Reserve Margin: refers to the estimated value of percent reserve margin calculated by the following formula and announced by the central competent authority for each of the following 6 years.
Estimated Percent Reserve Margin = (aggregated value of net peaking capability of nationwide power systems) + (aggregated value of net peaking capability of projects which have obtained the preparation approval for electricity enterprise establishment - estimated value of peak load of the electricity systems) / estimated value of peak load of the electricity systems
7.Baseline Value of Percent Reserve Margin: refers to the value of percent reserve margin submitted by electricity enterprises and approved and announced by the central competent authority in accordance with the Electricity Act.
8.Letter of Approval for Electricity Consumption Plan: refers to the letter for the approval of applications of electricity consumption plans issued to the electricity enterprises.
 
Article 3
These regulations apply to the energy users of massive investment and production plan of electricity generation, cogeneration systems, petroleum refineries and massive energy-consumption users (hereinafter referred to as energy users), and the Scope of Applied Energy Users is promulgated in accordance with Article 16, Section 4 of the Act.
 
Article 4
Energy users shall submit the energy utilization manual for central competent authorities’ approval through authorities which accept such application before the energy consumption facilities are established or expanded. The applicants shall state the reasons and apply directly to a central competent authority if no local authorities accept the application.
The preceding section applies mutatis mutandis when one of the following circumstances occur in content of the approved energy utilization manual:
1.Alteration of the energy use category.
2.Alteration of the location of energy consumption facilities.
3.Increase of the energy consumption volume.
4.Alteration of energy consumption efficiency.
 
Article 5
Power generating plant energy users' consumption volume, category, and location of application shall be calculated on the basis of nationwide staging and zoning installed capacity prescribed by the Energy Development Policy, and the following rules shall be met:
1.The applicable installed capacity of the category of energy in the applied period shall not be exceeded.
2.The applicable installed capacity of the location in the applied period shall not be exceeded.
The location shall be identified by the parallel connection point between the power transmission lines of established or expanded energy consumption facilities applied by the energy users and the grid.
 
Article 6
In order to ensure the stability and security of nationwide power supply, power generating plant energy users are not constrained by the preceding article in the following circumstances:
1.Being located on offshore islands, and the installed capacity being not included in the nationwide staging and zoning installed capacity.
2.The estimated percent reserve margin for the years of business operation listed on the energy utilization manual being lower than the baseline value of percent reserve margin.
 
Article 7
Electricity generation or cogeneration systems energy users' efficiency shall meet the following rules of best available techniques:
1.Utility systems and equipment (as table 1).
2.Processing techniques for electricity generation or cogeneration systems (as table 2).
The preceding section is not applicable in circumstances of being restricted by laws and regulations, patent right protection, international trade barriers, or other factors not attributable to the applicants, given evidence are submitted by the applicants.
 
Article 8
The applied volume category, and location of petroleum refineries or massive energy- consumption users shall meet the following rules:
1.Supplying capacity of electricity enterprise listed on the energy utilization manual shall be provided with letter of approval for Electricity Consumption Plan issued by an electricity enterprise and not exceed the approved supplying capacity.
2.Supplying capacity of self-usage power generation equipment listed on the energy utilization manual shall be provided with supporting evidence to explain there is no concern for blackout in the self-usage power generation equipment.
 
Article 9
Petroleum refineries or massive energy-consumption users’ efficiency shall meet the following rules of Best available techniques:
1.Utility systems and equipment (as table 1).
2.Processing techniques:
(1)Petroleum refineries or energy users’ processing techniques (as table 3).
(2)Semi-conductor or panel industrial processing techniques (as table 4).
 
Article 10
For the energy utilization manuals which do not comply with the format and essential particulars listed in the Article 16, Section 4 of the Act, or is incomplete, wrongful or omitted in the application documents, shall be asked to take corrective actions within the time prescribed in central competent authorities’ order. Applications shall be rejected if the corrective action is not made in time or fails to comply with the rules.
When the application documents have been found to comply with all requirements, the applicants shall pay the fee of review or revision within 15 days after receiving the notice. The preceding section applies mutatis mutandis if the applicants do not pay in accordance with the regulations.
 
Article 11
The central competent authorities shall make one of the following decisions according to Article 16, Section 2 of the Act after receiving the application according to Article 4 or the preceding article:
1.Approval.
2.Approval with incidental provisions.
3.Rejection.
 
Article 12
The central competent authorities shall make one of the following decisions according to Article 16, Section 2 of the Act
1.The consumption volume, category, or location listed on the energy utilization manual does not comply with rules set in Article 5 or Article 8.
2.The efficiency listed on the energy utilization manual does not comply with Article 7 or Article 9.
 
Article 13
The central competent authorities shall revoke the approval decision if the years of planned business operation listed in the approved energy utilization manual end, and one of the following circumstances exists:
1.Electricity generation:
(1)Not obtain the preparation approval for electricity enterprise establishment and registration in accordance with electricity enterprise relevant laws and regulations.
(2)The preparation approval for electricity enterprise establishment and registration has been withdrawn, revoked, or voided for other circumstances.
(3) The working permit of electricity enterprise has been withdrawn, revoked, or voided for other circumstances.
2.Cogeneration systems:
(1)Not obtain the working permit for self-usage power generation equipment in accordance with electricity enterprise relevant laws and regulations.
(2)The working permit for self-usage power generation equipment has been withdrawn, revoked, or voided for other circumstances.
3.Petroleum refineries:
(1)The approval for electricity consumption plan issued by an electricity enterprise provided with the energy utilization manual has been voided.
(2)Not obtain the permit to establish a petroleum refinery in accordance with Petroleum Administration Act.
(3)The permit to establish a petroleum refinery has been withdrawn, revoked, or voided for other circumstances.
4.Massive energy-consumption users:
(1)Letter of approval for Electricity Consumption Plan issued by an electricity enterprise provided with the energy utilization manual has been voided.
(2)Not obtain permit or approval in accordance with relevant enterprise administration laws or regulations.
(3) The permit or approval mentioned in the preceding sub-sub-section has been withdrawn, revoked, or voided for other circumstances.
 
Article 14
These regulations shall come into force after the promulgation date. Notwithstanding the foregoing, the enforcement date of article 4, section 2, sub-section 1 to 3, article 5, article 6, article 8, article 12, sub-section 1, article 13, sub-section 3, sub-sub-section 1, and sub-section 4, sub-sub-section 1 in the same article shall be promulgated by the central competent authorities separately.
 
Table 1 The Best Available Techniques Which Shall Be Applied in Utility Systems and Equipment
Techniques and equipment of the utility systems shall meet the requirements of the techniques and equipment of 'New plants' or 'New installations' listed in the following applicable edition of the European Union's Reference Document on Best Available Techniques for Energy Efficiency.
Table 1 The Best Available Techniques Which Shall Be Applied in Utility Systems and Equipment
Reference Document on Best Available Techniques for Energy Efficiency Applied Edition
Energy Efficiency BREF(2009)note
Note:BREF refers to the Industrial Emissions Directive (IED, 2010/75/EU) Best Available Techniques Reference Documents ; BREF(2009)refers to the 2009 edition.
   
Table 2 The Best Available Techniques Which Shall Be Applied in Processing Techniques for Electricity Generation or Cogeneration Systems
1.Energy Users as Electricity Generation:
Shall meet the requirements and efficiency values of energy efficiency-related processing techniques of 'new plants' or 'new installations' listed in the following applicable edition of the European Union's 'Reference Document on Best Available Techniques for Large Combustion Plants'.
Table 2 The Best Available Techniques Which Shall Be Applied in Processing Techniques for Electricity Generation or Cogeneration Systems
'Reference Document on Best Available Techniques for Energy Efficiency' by Industries Applicable Edition
Large Combustion Plants BREF(2006)note
Note :BREF refers to the Industrial Emissions Directive (IED, 2010/75/EU) Best Available Techniques Reference Documents; BREF (2006) refers to the July 2006 edition.
 
2.Energy Users as Cogeneration Systems:
(1)Shall meet the cogeneration system-related requirements listed in the European Union’s ‘Reference Document on Best Available Techniques for Energy Efficiency’ for specific industries.
(2) If no preceding documents are applicable, it shall meet the requirements and efficiency values of energy efficiency-related processing techniques of ‘new plants’ or ‘new installations’ listed in the following applicable edition of the European Union’s ‘Reference Document on Best Available Techniques for Large Combustion Plants’.
'Reference Document on Best Available Techniques for Energy Efficiency' by Industries Applicable Edition
Large Combustion Plants D1(2013)note
Note :D refers to the draft of the Best Available Techniques Reference Documents in the European Union Directive 2010/75 on industrial emissions (abbreviated as IED). D1(2013)refers to the 2013 draft.
 
(3) In the reference document mentioned by the preceding section, note (2) of Table 10.2 shall be revised as: ‘except for note (1), due to the factors such as Taiwan’s domestic conditions and the designing particularities of operation modes, the values of minimum energy efficiency may be further lowered; note (3) is not applicable.
 
Table 3 The Best Available Techniques Which Shall Be Applied in Processing Techniques for Petroleum Refineries and Massive Energy- Consumption Users
1.Energy Users as Petroleum Refineries
Shall meet the requirements and efficiency values of energy efficiency-related processing techniques listed in the following applicable edition of the European Union’s ‘Reference Document on Best Available Techniques for Refining of Mineral Oil and Gas’.
Table 3 The Best Available Techniques Which Shall Be Applied in Processing Techniques for Petroleum Refineries and Massive Energy- Consumption Users
'Reference Document on Best Available Techniques for Energy Efficiency’ by Industries Applicable Edition
Refining of Mineral Oil and Gas BREF(2015)note
Note :Note:BREF refers to the Industrial Emissions Directive (IED, 2010/75/EU) Best Available Techniques Reference Documents; BREF (2015) refers to the 2015 edition.
 
2.Energy Users as Massive Energy- Consumption Users
Shall meet the requirements and efficiency values of energy efficiency-related processing techniques listed in the following applicable edition of the European Union’s ‘Reference Document on Best Available Techniques’ for specific industries. However, semi-conductor industries and panel industries shall meet rules set forth in Table 4.
'Reference Document on Best Available Techniques for Energy Efficiency' by Industries note 1note1 Applied Edition
(1)Ceramic Manufacturing Industry BREF(2007)note2
(2)Ferrous Metals Processing Industry BREF(2001)
(3)Food, Drink and Milk Industries BREF(2006)
(4)Iron and Steel Production BREF(2013)
(5)Large Volume Inorganic Chemicals-Ammonia, Acids and Fertilisers Industries BREF(2007)
(6)Large Volume Inorganic Chemicals – Solids and Others Industry BREF(2007)
(7)Large Volume Organic Chemical Industry BREF(2003)
(8)Manufacture of Glass BREF(2013)
(9)Manufacture of Organic Fine Chemicals BREF(2006)
(10)Non-ferrous Metals Industries BREF(2001)
(11)Production of Cement, Lime and Magnesium Oxide BREF(2013)
(12)Production of Chlor-alkali BREF(2014)
(13)Production of Polymers BREF(2007)
(14)Production of Pulp, Paper and Board BREF(2015)
(15)Production of Speciality Inorganic Chemicals BREF(2007)
(16)Slaughterhouses and Animals By-products Industries BREF(2005)
(17)Smitheries and Foundries Industry BREF(2005)
(18)Surface Treatment of Metals and Plastics BREF(2006)
(19)Surface Treatment Using Organic Solvents BREF(2007)
(20)Tanning of Hides and Skins BREF(2013)
(21)Textiles Industry BREF(2003)
Note 1:Industries here refer to industries announced in the Industrial Emissions Directive (IED, 2010/75/EU) Best Available Techniques Reference Documents.
 
Note 2:BREF refers to the Industrial Emissions Directive (IED, 2010/75/EU) Best Available Techniques Reference Documents; BREF (2007) refers to the 2007 edition.
 
Table 4 The Best Available Techniques Which Shall Be Applied in Processing Techniques for Semi-Conductor and Panel Industries
Energy users shall meet the requirements and values of energy efficiency-related processing techniques listed in the following ‘the best available techniques’ for specific industries.
1. The best available techniques which shall be applied in processing techniques for semi-conductor industries
   
The best available techniques for semi-conductor industries
(1) Option of Ancillary Devices on Equipment:
Choice of ancillary devices with high energy efficiency (such as vacuum pump, local scrubber, chiller, heater etc.).
(2) Energy-Saving Design:
(1)Assessing and measuring the energy consumption on primary and secondary equipment (such as the energy sources, electricity, saving benchmark of raw materials or the other approaches for the manufacturing equipment of SEMI S23- semiconductor). Select the most appropriate measurement on energy saving.
(2)Electrical components conform to the latest international energy saving specifications for equipment (similar to or better than IE3 grade - ultra-high efficiency);
Electrical equipment will use the variable frequency drive controller (such as the pump installed with the Variable Frequency Drive (VFD) or the energy saving devices etc.).
(3)The hardware and control software design among the primary and ancillary devices should be considered adopting energy saving functions, such as the various standby modes (sleep mode, idle mode etc.).
(4)Optimization of the energy saving for utilities:
The design and control mechanism for the using adjustment of exhaust, cooling system, compressed air, and inertia gas (such as nitrogen) etc.
(3) Energy Usage Intensity of Processing Techniques:
The processing techniques for foundry below 6- inch, 8-inch foundry , and 8-inch DRAM shall meet the milestone of the top 10% (top 10) energy usage intensity in Taiwan shown as below:
Unit: kilowatt hour/silicon wafer area - cm2
  Wafer Foundry Below 6-inch 8-inch Wafer Foundry(2) 8-inch DRAM(3)
Energy Usage Intensity 0.756 0.876 0.930
Note 1:Applicable for the 6-inch with average mask layer below 14.
Note 2:Applicable for the 8-inch with average mask layer below 15.
                     Note 3:The 6- inch with average mask layer over 14 layers, the 8- inches with average mask layer over 15 layers, or where due to the legitimation restrictions, patents protection, international trade barriers, or other causes not be attributable to the applicants, the given evidences should be submitted by the applicants.
                     Note 4:Equation for calculating energy usage intensity:
Energy Usage Intensity
&The quantity of annual production being normalized wafer size (m2) with the dedicated process calculated such as: A=π × r2 ×Pieces of Silicon Wafer Produced yearly, where π is 3.1415926, and r is the radius of silicon wafer ( in centimeter).
 
2. Best Available Techniques Which Shall Be Applied in Processing Techniques for Panel Industries
   
II. The Best Available Techniques for Panel Industries
(1) Selection of Ancillary Devices for Equipment:
(1)Assess its energy efficiency as much as possible.
(2)Adopt a higher energy efficiency or variable frequency controller (such as the pump installed on equipment with a variable frequency drive or an energy saving device, etc.).
(2) Energy-Saving Design:
The devices for equipment shall conform to the following:
(1)Idle mode with the considered of energy saving; or alternative designs of energy saving mode with the same function.
(2)The corresponding software with automatic or manual control to perform the energy saving control of the energy consuming ancillary devices under the standby mode such as a vacuum pump and an oven etc.
(3) Energy Usage Intensity of Processing Techniques:
The processing techniques for the plants of the 5th generation and before , as well as the 5.5th generation to 8th generation plants must follow to the top 10’s (top 10%) benchmark of energy usage intensity which is shown as below:
Unit: kilowatt hour/input glass substrate area m2
  5th Generation and before Plant(1) The 5.5th Generation Plant to the 8th Generation Plant(1)
Energy Usage Intensity 148 110
             Note 1:Applicable for the mask layer processing of amorphous LCD less than 5 PEP process, with the actual input capacity per month of both TFT-Array glass substrate and the color filter (CF) exceeded 120K (thousand pieces).
             Note 2:Those due to the legitimation restrictions, patents protection, international trade barriers, or other causes not be attributable to the applicants, the given evidences should be submitted by the applicants.
             Note 3:Equation for calculating energy usage intensity:
Energy Usage Intensity
The previous annual input quantity of various sized glass substrate and color filters, are calculated by: color filter (m²/pc) × pieces of each size of glass substrate (piece).

Update: 2019-12-24
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