The Electricity Utilities Industry Law · The Electricity Utilities Industry Law (Amended by Law...

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The Electricity Utilities Industry Law (Amended by Law No. 92 of June 18, 2003) Agency for Natural Resources and Energy Ministry of Economy, Trade and Industry

Transcript of The Electricity Utilities Industry Law · The Electricity Utilities Industry Law (Amended by Law...

The Electricity Utilities Industry Law (Amended by Law No. 92 of June 18, 2003)

Agency for Natural Resources and Energy Ministry of Economy, Trade and Industry

NOTE: This is an English version of the Electricity Industry Law, Amended and Supplementary Provisions. It should be noted that the original Japanese text will prevail over the English in case of conflict.

The Electricity Utilities Industry Law (Law No. 170 of July 11, 1964)

Amended by Law No. 92 of June 18, 2003 (Latest amendment)

CONTENTS+

. ........................ 1

CHAPTER II. ELECTRICITY INDUSTRY .................................................................. 3

3 - Article 17)

... .....................

... .....................

. .....................

... ...................... 25

C I .. ...................... 28

... ...................... 28

Section 2. ... .....................

3 - Article 41

ic e 46).............. 30

A sessment ... .....................

c - Article 55)38

Su ec ............................ 46

56 - Article 57-2) .................... 47

6 ) ....................

ATION AGENCY, ND REGISTERED

......................................... 54

Secti 1... .....................

8) 59

Section 3. Registered Investigation Agency (Article 89 - Article 92-5) .................... 63 CHAPTER VI. SUPPORTING AGENCY FOR POWER TRANSMISSION, DISTRIBUTION AND OTHER UTILITY ACTIVITIES (Article 93 - Article 99-4)...................................................................... 66 CHAPTER VII. MISCELLANEOUS PROVISIONS (Article 100 - Article 104) .......... 70 CHAPTER VIII. PUNITIVE PROVISIONS (Article 115 - Article 123) ......................... 78

CHAPTER I. GENERAL PROVISIONS (Article 1 and Article 2) ... ..

Section 1. Permission for Undertaking Electricity Industry (Article

. 12

... 3

Section 2. Business........................................................................... .

Subsection 1. Supply (Article 18 - Article 27)............................ .. . 12

Subsection 2. Wide-Area Operations (Article 28 and Article 29) .. . 23

Subsection 3. Supervision (Article 30 - Article 33)............................................... 24

Section 3. Accounting and Financing (Article 34 - Article 37) ...... ..

HAPTER II . POWER FACILITIES................................................. ..

Section 1. Definition (Article 38).................................................... ..

Power Facilities for Business Use.................................. .. . 29

Subsection 1. Conformity with Technological Standards (Article 9 )29

Subsection 2. Voluntary Preservation of Safety (Article 42 - Art l

Subsection 2-2. Special Cases Concerning Environmental Impact s (Article 46-2 - Article 46-22) ............................... .. . 33

Subse tion 3. Plan for Construction Work and Inspection (Article 47

bs tion 4. Succession (Article 55-2) ....................................

Section 3. Power Facilities for General Use (Article CHAPTER IV. USE OF LAND AND OTHERS (Article 58 - Article 6 49

CHAPTER V. REGISTERED SAFETY MANAGEMENT EXAMIN DESIGNATED EXAMINATION AGENCY, A

INVESTIGATION AGENCY......................

on . Registered Safety Management Examination Agency (Article 67 - Article 80) .................................................. .. . 54

Section 2. Designated Examination Agency (Article 81 - Article 8 .......................

i

CHAPTER I. GENERAL PROVISIONS

ers and facilitate of the industry

proper and reasonable and, in addition, to secure public safety and promote environment tion by regulating the construction, maintenance and operation of power facilities.

Arti of the terms mentioned in the following Items shall be

is intended to supply

( ed permission under Paragraph 1 of the following Article for conducting the general electricity industry.

( is intended to ly a general power utility with electricity to be used for its general electricity

ents as are conomy, Trade and Industry.

d permission lesale electricity

( tended to supply

( ained permission under lectricity industry.

( ustry which is dustry intended to supply electricity as

is subject to permission demand that

s as are specified in the Ordinance of the Ministry of erred to as the

ower utility to meet the specified-scale demand in areas other than its service area through power lines being maintained and operated by other general electric utilities and which is conducted by firms other than the general electric utilities.

(8) the term “specified-scale electricity supplier” means a firm which has filed notification of conducting the specified-scale electricity supply industry as specified in Paragraph 1 of Article 16-2.

(9) the term “electricity industry” means the general electricity industry, wholesale electricity industry, specific electricity industry and specified-scale electricity supply

(Purpose)

Article 1. The purpose of the Law is to protect the interests of electricity usthe sound development of the electricity industry by making the operation

preserva

(Definitions)

cle 2. In this Law, the meaningsas set forth in the appropriate Items:

(1) the term “general electricity industry” means an industry which electricity to meet the general demand.

2) the term “general power utility” means a firm which has obtain

3) the term “wholesale electricity industry” means an industry whichsuppindustry and in which power facilities to be used meet such requiremspecified in the Ordinance of the Ministry of E

(4) the term “wholesale electric utility” means a firm which has obtaineunder Paragraph 1 of the following Article for conducting the whoindustry.

5) the term “special electricity industry” means an industry which is inelectricity to meet demand at the specified point of supply.

6) the term “specific electric utility” means a firm which has obtParagraph 1 of the following Article for conducting the specific e

7) the term “specified-scale electricity supply industry” means an indintended to supply electricity (excluding an inspecified in Item (1) of Paragraph 1 of Article 17 and whichunder the same Paragraph) to meet electricity users’ specified-scalemeets such requirementEconomy, Trade and Industry (this demand to be hereinafter ref“specified-scale demand” ) and which is conducted by the general p

1

industry.

(10) the term “electricity industry utility” means the general power utility, wholesale supplier.

( cluding cross-area ectricity) as intended for a general power utility to be used for

e Ministry of

( electricity supply of sale electric utility).

( ectricity” means that a firm which has ch another firm

ed at the place

( general power ied-scale such another

for its ied-scale electricity supply industry at any of the points of supply within its

tility has started a stry with permission under Paragraph 1 of the ensuing Article

in Articles 18 and 25 where it has received

( eeling service of electricity and a

waterways, nd structures

re specified by nerating,

ing or consuming electricity.

plying another general ility holding a point of supply within its service area

with electricity to be used for the general electricity industry or specific electricity industry, or an industry of providing wheeling service of electricity specified in Paragraph 1 of Article 24-3 to supply another general power utility or a specified-scale electricity supplier with electricity to be used for the specified-scale electricity supply industry, such industry shall be regarded as the general electricity industry.

3. An industry which is carried on by a wholesale electric utility to supply a general power utility with electricity to be used for the general electricity industry shall be regarded as the wholesale electricity industry.

electric utility, specific electric utility and specified-scale electricity11) the term “wholesale supply” means such an electricity supply (ex

wheeling service of elits general electricity industry and as specified in the Ordinance of thEconomy, Trade and Industry.

12) the term “wholesale supplier” means a supplier who carries on an wholesale supply (excluding a general power utility and a whole

13) the term “cross-area wheeling service of elreceived electricity from another firm, at the same time, supplies suwith electricity in amount equal to the amount of electricity receivother than the place where it has received electricity.

14) the term “wheeling service of electricity” means a service whereby autility receives electricity from another firm which conducts a specifelectricity supply industry and at the same time supplies electricity tofirm in proportion to changes in the amount of electricity to be usedspecifservice area (excluding a point of supply where a specific electric uspecific electricity induor Paragraph 1 of Article 8; this point of supply to be referred to as the “point of business commencement”) other than the pointelectricity

15) the term “wheeling service” means a cross-area whwheeling service of electricity.

(16) the term “power facilities” means such machines, apparatuses, dams, reservoirs, transmission and distribution lines and other facilities a(excluding those that are installed on ships, vehicles or aircraft, and athe Government Ordinances) as are used for the purpose of either getransforming, transmitting, distribut

2. In case a general power utility conducts an industry of suppower utility or a specific electric ut

2

CHAPTER II. ELECTRICITY INDUSTRY

Section 1. Permission for Undertaking Electricity Industry

tricity industry (excluding the tion (except in ission for the said

ster of Economy, Trade and Industry.

2. The permission mentioned in the preceding Paragraph shall be granted separately her the general electricity industry, the wholesale electricity industry

Article 4. A firm which intends to obtain the permission mentioned in Paragraph 1 of the try a written

application stating the following particulars:

( nt’s name or trade name, address and the name of a representative if the

(2) party to whom the be supplied, and the point of supply thereof;

(3) ployed for the electricity industry

city, the place , the kind of prime motive power, its frequency and

tion of electricity, the place

ng the power facility to be used for transmission of electricity, the place where it is to be installed, its electric system, its installation method, its number of circuits, frequency and voltage;

(d) regarding the power facility to be used for distribution of electricity, its electric system, frequency and voltage.

2. The written application specified in the preceding Paragraph shall be accompanied by a business plan, a statement of prospective revenues and expenditures and such other documents as are prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.

(Permission for undertaking electricity industry)

Article 3. A firm which intends to undertake the elecspecified-scale electricity supply industry; to be so understood in this secItem (7) of Article 5 and in Paragraph 1 of Article 17)) shall obtain permundertaking from the Mini

by the category of eitor the specific electricity industry.

(Application for permission)

preceding Article shall submit to the Minister of Economy, Trade and Indus

1) the applicafirm is a juridical person;

the applicant’s service area, or the general electric utilities as theelectricity is to

particulars concerning the power facilities to be emas stated below:

(a) regarding the power facility to be used for generation of electriwhere it is to be installedoutput capacity;

(b) regarding the power facility to be used for transformawhere it is to be installed, its frequency and output capacity;

(c) regardi

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(Standard of permission)

Article 5. The Minister of Economy, Trade and Industry shall not grantmentioned in Paragraph 1 o

the permission f Article 3, unless the firm recognizes that the substance of the

forms to each I

( ncement of the electricity industry under application falls in line with the , or the demand at the

l and managerial ppositely and

( d realistic;

( y industry, the power uch business have a capacity commensurate

oint of supply;

( such business does a considerable excess of power facilities to be used for the general

( xists within the t of such business is not

f such general

(7) apart from the cases enumerated in the preceding Items, in the case of a general electricity industry and a wholesale electricity industry, the commencement of such

tional r the promotion of the public ry, the commencement of such

business is appropriate in view of the public interests.

Article 6. The Minister of Economy, Trade and Industry shall, on granting the permission

mit: (1)

(2) name or trade name, and address of the permittee;

(3) the service area, the general power utility as the party to whom the electricity is to be supplied or the point of supply;

(4) the following particulars concerning the power facilities to be used for the electricity industry:

(a) regarding the power facility to be used for generation of electricity, the place where it is to be installed, the kind of prime motive power, its frequency and

application for the permission mentioned in Paragraph 1 of Article 3 contem of requirements stated below:

1) the commegeneral demand, the demand of a general electricity industrypoint of supply;

(2) the applying electricity industry shall have a sound financiafoundation and shall have ample technological ability enough for ainfallibly carrying on the electricity industry;

3) the business plan of the applying electricity industry is sound an

4) in the case of a general electricity industry or specific electricitfacilities to be employed for conducting swith the size of the electricity demand in a service area or at the p

5) in the case of a general electricity industry, the commencement ofnot result inelectricity industry in all or some of the service area;

6) in the case of a specific electricity industry whose point of supply eservice area of a general power utility, the commencemenlikely to impair the interests of electricity users in the service area opower utility; and

business is necessary and appropriate for the comprehensive and radevelopment of the electricity industry or otherwise fointerests, and in the case of a specific electricity indust

(Permit)

mentioned in Paragraph 1 of Article 3, deliver the permit to the applicant.

2. The following particulars shall be expressly stated on the perdate of permission, serial number of the permittee;

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output capacity;

(b) regarding the power facility to be used for transformation of electricity, the place

ity to be used for transmission of electricity, the place ethod, its number

nd voltage;

(d) regarding the power facility to be used for distribution of electricity, its electric

ustry utility (excluding the specified-scale electricity supplier; in the period onger than ten years

ee years in the

it especially in the preceding

a, by the general power utility to whom the electricity is to be

nsion of the onomy, Trade and

reason, the

4. When the electricity industry utility has commenced its business (in case the has been specified separately either by the category of

be supplied or by ragraph 2, the

ll without delay submit to the Minister

ity intends to change or alter the particulates of Item (3) of Paragraph 2 of Article 6, the firm shall obtain permission for such changes or alterations from the Ministry of Economy, Trade and Industry.

2. The provisions of Article 5 shall apply with necessary modifications in the case of obtaining the permission mentioned in the preceding Paragraph.

3. The provisions of the preceding Article shall apply with necessary modifications to the cases of Paragraph 1, excluding the cases of reducing the service area, reducing the number of the general electric utilities to whom the electricity is to be supplied, or reducing the number of points of supply of electricity.

where it is to be installed, its frequency and output capacity; (c) regarding the power facil

where it is to be installed, its electric system, its installation mof circuits, frequency a

system, frequency and voltage.

(Obligations concerning commencement of business)

Article 7. The electricity indto be so understood in this section) shall commence its business withspecified by the Minister of Economy, Trade and Industry to be not lfrom the date of granting the permission for undertaking its business (thrcase of the specific electric utility).

2. In case the Minister of Economy, Trade and Industry considersnecessary, the Minister may separately specify the period stipulatedParagraph by the service aresupplied or by the point of supply of electricity.

3. In case the electricity industry utility files an application for exteperiod mentioned in Paragraph 1 of this Article and the Minister of EcIndustry finds that the application has been made on good and sufficientMinister may extend the said period.

period mentioned in Paragraph 1service area or by the general electric utility to whom the electricity is to the point of supply of electricity in accordance with the provisions of Pabusiness subject thereto respectively), the firm shaof Economy, Trade and Industry a report to that effect.

(Change or alteration of service area, etc.)

Article 8. In case the electricity industry util

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(Change or alteration of power facilities, etc.)

Article 9. An electricity industry utility shall, when the firm intends to exchanges or alterations as are prescribed by the Ordinance of the

ecute such major Ministry of Economy,

ad h 2 of Article 6, ustry.

alteration in any of irm has made such

an e same Paragraph aragraph), give

conomy, Trade and Industry.

3 cified in such notification

er of Economy, Trade and Industry finds that the content of ti 1 does not disturb the

y the electricity industry of time specified

nds that the content of notification given in accordance with the provisions of Paragraph 1 disturbs the

e electricity industry city industry utility

e said notification only .

l persons)

e try shall not be nd Industry.

2. An amalgamation and a split-off (including and limited to an amalgamation or a succession of the whole business of an electricity industry; to be so

l person as the roval of the Minister

ions in the case

(Succession)

Article 11. In case of an assignment of the whole business of an electricity industry or of succession to or of an amalgamation or a split-off of electricity industry utilities, the assignee of the whole business of an electricity industry or the successor or the juridical person who continues to exist after the amalgamation, the juridical person who has been created in consequence of the amalgamation, or the juridical person who has succeeded to the whole business of the said electricity industry in consequence of the split-off shall

Tr e and Industry as to any of the particulars under Item (4) of Paragrapgive notification to that effect to the Minister of Economy, Trade and Ind

2. An electricity industry utility shall, when there is a change orthe particulars under Item (2) of Paragraph 2 of Article 6, or when the fch ges or alterations in any of the particulars under Item (4) of th(excluding those changes or alterations specified under the preceding Pnotification to that effect without delay to the Minister of E

. An electricity industry utility which has given notification as speParagraph 1 shall not be permitted to make changes or alterations as to unless twenty (20) days have passed since such notification was received.

4. If the Ministno fication given in accordance with the provisions of Paragraphappropriate operation of the business of an electricity industry butility which gave such notification, the Minister may shorten the periodin the preceding Paragraph.

5. If the Minister of Economy, Trade and Industry fi

appropriate operation of the business of an electricity industry by thutility which gave such notification, the Minister may order the electriwhich gave such notification to change or suspend the content of thwithin a period of twenty (20) days of the receipt of the said notification

(Transfer or receipt of business and amalgamation and split-off of juridica

Articl 10. Transfer or receipt of the whole business of an electricity indusvalid in the absence of the approval of the Minster of Economy, Trade a

split-off involvingunderstood in Paragraph 1 of the ensuing Article) involving a juridicaelectricity industry utility shall not be valid in the absence of the appof Economy, Trade and Industry.

3. The provisions of Article 5 shall apply with necessary modificatof approval mentioned in the preceding two Paragraphs.

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su eed to the standing of the said electricity firm.

2. The successor who has succeeded

cc

to the standing of the electricity industry utility under the provisions of the preceding Paragraph shall without delay submit to the Minister of Economy, Trade and Industry a report to that effect.

utility and to be ssign its facility employed for conducting

ct of a right other than of Economy, Trade

ecified in the

th necessary h. In this case, “to read “to assign the

ke the facility an object of a right other than the right of ownership”; “the content” in Paragraph 4 of the same Article shall read “assignment of its facility employed

right of ownership (to be acility”)”; and “the

etc. of the facility

tion of juridical person)

pend or Minister of

y resolution for dissolution of a juridical person as the electricity industry utility or any consent thereto by the members thereof shall not be valid in the absence of

, Trade and Industry.

permission ing Paragraph of

continuance of the business of the electricity industry, or dissolution of a juridical person does not impair public interests.

(Revocation of permission for the undertaking, etc.)

Article 15. The Minister of Economy, Trade and Industry may, in cases where the electricity industry utility has not commenced its business within the period specified in accordance with the provisions of Paragraph 1 of Article 7 (in case the period has been extended in accordance with the provisions of Paragraph 3 of the same Article, the period thereby

Article 12. (Deleted)

(Assignment, etc., of power facility)

Article 13. In case the electricity industry utility (excluding specific electricso understood in this Article) intends either to aits business of the electricity industry or to make the facility an objethe right of ownership, the firm shall file notification with the Minister and Industry; provided, however, that this shall not apply to the facility spOrdinance of the Ministry of Economy, Trade and Industry.

2. The provisions of Paragraphs 3 to 5 of Article 9 shall apply wimodifications to notification specified under the preceding Paragrapmake changes or alterations” in Paragraph 3 of the same Article shallfacility or to ma

for, or making of the facility an object of a right other than thereferred to in the ensuing Paragraph as “assignment, etc. of the fcontent” in Paragraph 5 of the same Article shall read “assignment,employed for.”

(Suspension or discontinuance of business; dissolu

Article 14. The electricity industry utility shall, in the case it intends to susdiscontinue the whole or a part of its business, obtain permission of theEconomy, Trade and Industry.

2. An

the approval of the Minister of Economy

3. The Minister of Economy, Trade and Industry shall not grant thementioned in Paragraph 1 nor give the approval mentioned in the precedthis Article unless the Minister recognizes that such suspension or dis

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extended; the same shall apply hereinafter), revoke the permission granted under the

the cases specified electricity

the firm has contravened the in consequence

m the cases specified used for the

d to meet such e specified in the Ordinance of the Ministry of Economy, Trade and

t impossible to ission under

the cases specified u tility falls under any

r Paragraph 1 of A

foundation and a technical ability sufficient to carry out the specific electricity industry properly;

city industry is no ; or

(3) where, apart from the cases specified under the preceding two Items, the specific electricity industry has come to impair the public interests.

the permission e Minister shall

in which the reason

electricity industry of Article 8 does

itional service area at the additional

1 of Article 7, e case of Paragraph 3 of

Article 8, revoke the said permission.

2. The Minister of Economy, Trade and Industry may, in case the general power utility is not conducting its business of supply of electricity in a certain part of its service area and where the Minister finds that public interests are being thereby hindered and/or impaired, reduce its service area with regard to the said certain part of its service area.

3. The Minister of Economy, Trade and Industry may, in cases where the specific electric utility is not making a specific electricity industry at some of the point of supply, if the Minister finds that it impairs the public interests, reduce such point of supply.

provisions of Paragraph 1 of Article 3.

2. The Minister of Economy, Trade and Industry may, apart from under the preceding Paragraph, in the event of Minister’s finding that theindustry utility has impaired public interests in cases where provisions of this Law or of such ordinance or ordinances as are enforcedof this Law, revoke the permission granted under Paragraph 1 of Article 3.

3. The Minister of Economy, Trade and Industry may, apart frounder the preceding two Paragraphs, in cases where the power facilitieswholesale electricity industry of a wholesale electric utility have ceaserequirements as arIndustry under Item (3) of Paragraph 1 of Article 2, if the Minister finds ianticipate that the said requirements will come to be met, revoke the permParagraph 1 of Article 3.

4. The Minister of Economy, Trade and Industry may, apart fromnder Paragraph 1 or 2, if the Minister finds that a specific electric u

of the cases described in the following Items, revoke the permission underticle 3 or reduce the point of supply:

(1) where the specific electric utility does no longer have a financial

(2) where a capacity of the power facilities used for the specific electrilonger sufficient to meet the electricity demand at the point of supply

5. When the Minister of Economy, Trade and Industry has revokedin conformity with the provisions of each of the preceding Paragraphs, thforward and deliver to the said electricity industry utility the document or reasons for such revocation are set forth.

Article 16. The Minister of Economy, Trade and Industry may, in case the utility which has been granted the permission prescribed by Paragraph 1not commence its business of the general electricity industry in its addfor the general power utility to which the electricity is to be supplied orpoint of supply within the period specified by the provisions of Paragraphwhich Paragraph being applied with necessary modifications in th

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4. The provisions of Paragraph 5 of the preceding Article shall apply with necessary modifications in the case of the preceding three Paragraphs of this Article.

ndertake the onomy, Trade

otification to that effect in accordance with the Ordinance of the Ministry of e name or trade

istry of Economy,

2 hange the particulars with the Minister

of Economy, Trade and Industry. he firm has closed its

business, forthwith file notification to that effect with the Minister of Economy, Trade and

es)

to conduct the business which it maintains and

try setting forth the Ordinance of the Ministry of Economy, Trade and

as the “place of rough power lines in

dustry.

2. Notification to be filed in accordance with the provisions of the preceding he Ordinance of

n accordance e business of a specified-scale

ch notification unless

e conduct of the r lines concerned

with the notification required by the provisions of Paragraph 1 is not likely to extremely hamper the interests of electricity users in the service area of a general power utility whose service area includes the place of supply related to the said notification, the Minister may shorten the period of time specified in the preceding Paragraph.

5. If the Minister of Economy, Trade and Industry finds that the conduct of the business of a specified-scale electricity supply industry through the power lines concerned with the notification required by the provisions of Paragraph 1 is likely to extremely hamper the interests of electricity users in the service area of a general power utility specified in the preceding Paragraph, the Minister may order the person who filed the said

(Notification of the specified-scale electricity supply industry)

Article 16-2. Firms, excepting the general electric utilities, which intend to uspecified-scale electricity supply industry shall file with the Minister of Ecand Industry nEconomy, Trade and Industry, together with a document setting forth thname, address and other particulars required by the Ordinance of the MinTrade and Industry.

. The specified-scale electricity supplier which intends to cmentioned in the preceding Paragraph shall file notification to that effect

3. The specified-scale electricity supplier shall, when t

Industry.

(Notification by specified-scale electricity suppliers concerning power lin

Article 16-3. A specified-scale electricity supplier shall, if it intendsof a specified-scale electricity supply industry through power lines operates, file notification with the Minister of Economy, Trade and Indussuch particulars as are prescribed byIndustry in regard to each one of the power lines and a place (referred to supply” hereinafter in this Article) where electricity is supplied thaccordance with the Ordinance of the Ministry of Economy, Trade and In

Paragraph shall be accompanied by such documents as are prescribed by tthe Ministry of Economy, Trade and Industry.

3. The specified-scale electricity supplier which has filed notification iwith the provisions of Paragraph 1 shall not start thelectricity supply industry through the power lines concerned with sutwenty (20) days have passed since such notification was received.

4. If the Minister of Economy, Trade and Industry finds that thbusiness of a specified-scale electricity supply industry through the powe

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notification to change or suspend the content of the said notification onof twenty (20) days (or in the event that the period of time specified in P

ly within a period aragraph 3 has

been extended in accordance with the provisions of the ensuing Paragraph, the extended

or not the conduct of ower lines

1 is likely to f a general power such examination 3, the Minister of

d of time under the same Paragraph f Economy, Trade and

nd reasons for such elay.

hange the aragraph 1, give

tion specified under e, “shall not start the

cified-scale electricity supply industry through the power lines” in Paragraph 3 shall read “shall not make changes or alterations; provided, however, that this

rescribed by the Ordinance of the Ministry specified-scale

o 6 shall read

ed-scale electricity f (including an

amalgamation or a split-off involving succession of the whole business of such ity suppliers, the

electricity supply industry or the successor or the juridical person who continues to exist after the amalgamation, the juridical person who has been created in consequence of the amalgamation, or the juridical

has succeeded to the whole business of the said specified-scale electricity ing of the said

2. The successor who has succeeded to the standing of the specified-scale electricity supplier under the provisions of the preceding Paragraph shall without delay submit to the Minister of Economy, Trade and Industry a report to that effect.

(Special supply)

Article 17. A firm which intends to conduct a business of supplying electricity (excluding a general power utility) shall, except where the firm conducts an electricity industry and

period of time) of the receipt of the said notification.

6. If it takes a considerable period of time to examine whetherthe business of a specified-scale electricity supply industry through the pconcerned with the notification required by the provisions of Paragraphextremely hamper the interests of electricity users in the service area outility specified in Paragraph 4, and there is good reason to believe thatwill not be completed within the period of time specified in Paragraph Economy, Trade and Industry may extend the periowithin the limits of twenty (20) days. In this case, the Minister oIndustry shall give notification of the said extended period of time aextension to the person who filed the notification without d

7. A specified-scale electricity supplier shall, when it intends to cparticulars related to the notification required by the provisions of Pnotification to that effect to the Minister of Economy, Trade and Industry.

8. The provisions of Paragraphs 2 to 6 shall apply to the notificathe preceding Paragraph with necessary modifications. In this casbusiness of a spe

does not apply to minor changes or alterations pof Economy, Trade and Industry”; and “the conduct of the business of aelectricity supply industry through the power lines” in Paragraphs 4 t“change or alteration.”

(Succession of the specified-scale electricity supply industry)

Article 16-4. In case of an assignment of the whole business of a specifisupply industry or of succession to or of an amalgamation or a split-of

specified-scale electricity supply industry only) of specified-scale electricassignee of the whole business of a specified-scale

person whosupply industry in consequence of the split-off shall succeed to the standspecified-scale electricity supplier.

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excluding the cases described hereunder, obtain the permission of the MEconomy, Trade and Industry for each of the partie

inister of s to which electricity is to be supplied

( facility intended for supplying mises specified in

d Industry; and

ity industry, a specific

ssion specified in the preceding rs, together with

accompanying documents prescribed by the Ordinance of the Ministry of Economy, Trade

(1) name or trade name, address and the name of a representative if the firm is a juridical

( ectricity is to be

graphs, particulars Industry.

ter of Economy, Trade and Industry shall be prohibited from granting ication for the

p tems:

( uch close relations as ecified in the Ordinance of the Ministry of Economy, Trade and Industry with a

rvice area of a ric utility, there is

ice area of the general ty being

4. A firm which has obtained the permission specified in Paragraph 1 shall, if there is change as to any of the particulars set forth in Item (1), (2) or (4) of Paragraph 2, give notification of such change to the Minister of Economy, Trade and Industry without delay.

5. A firm which has obtained the permission specified in Paragraph 1 shall, when it has discontinued the business of supplying electricity for which it obtained the said permission, give notification of discontinuance of the business to the Minister of Economy, Trade and Industry without delay.

and for each of the places at which electricity is to be delivered: 1) where electricity is supplied with a power generation

electricity to meet demand within one single building or in the prethe Ordinance of the Ministry of Economy, Trade an

(2) where electricity is supplied for the sake of a general electricelectricity industry or a specified-scale electricity supply industry.

2. A firm which intends to obtain the permiParagraph shall submit an application setting forth the following particula

and Industry, to the Minister of Economy, Trade and Industry:

person;

2) names or trade names and addresses of the parties to which elsupplied;

(3) places of supply; and

(4) in addition to the particulars mentioned in the preceding three Paraprescribed by the Ordinance of the Ministry of Economy, Trade and

3. The Ministhe permission under Paragraph 1 unless the Minister finds that an applermission under the same Paragraph conforms to both of the following I

1) a firm which conducts a business of supplying electricity has sare spparty to supply; and

(2) where a place at which electricity is supplied is located within the segeneral power utility or within the point of supply of a specific electno likelihood of the interests of electricity users within the servpower utility or within the point of supply of the specific electric utiliimpaired.

11

Section 2. Business Subsection 1. Supply

om refusing without good reason to ing the demand at

supply electricity to and from customers

ower utility or ity and other

nditions agreed upon with the general power utility through go n electricity

hamper the interests of those customers city supply or the

thout good reason to

4. A general electric utility and a wholesale electric utility shall be prohibited from plied to general

The same shall apply where the general electric utility has concluded a supplementary supply contract

holds the point of

prohibited from supplying electricity to meet the ne mand at a point of

6. Neither general power utility nor wholesale electric utility shall supply a general d for the latter’s business of general

electricity industry unless in accordance with the purport of the permission mentioned in

ectricity to meet ermission under

(Rules for electricity supply for general electric utilities, etc.)

Article 19. A general power utility shall establish the rules for electricity supply that set forth the rates of electricity and other related supply terms and conditions to meet the general demand (excluding the specified-scale demand) in accordance with the Ordinance of the Ministry of Economy, Trade and Industry, and obtain the approval of the Minister of Economy, Trade and Industry for such rules for electricity supply. The same shall apply when the said rules for electricity supply are revised or amended.

(Obligation to supply, etc.)

Article 18. A general power utility shall be prohibited frsupply electricity to meet the general demand in its service area (excludthe point of business commencement and specified-scale demand).

2. A general power utility shall be prohibited from refusing to meet the specified-scale demand in its service area (excluding the demwho receive an electricity supply from those firms other than the general pwho receive an electricity supply in accordance with the rates of electricrelated supply terms and cone tiations) unless there exists any justifiable reason to refuse, such as asupply to meet the specified-scale demand maywho receive an electricity supply in accordance with the rules for electrioptional rules for electricity supply.

3. A specific electric utility shall be prohibited from refusing wisupply electricity to meet the demand at its point of supply.

refusing without good reason to supply electricity when electricity is supelectric utilities under the contract for their general electricity industry.

under Paragraph 1 of Article 24-2 with the specific electric utility which supply within the service area of the general power utility.

5. A general power utility shall be ge ral demand in districts other than its service area or to meet the debusiness commencement within its service area.

power utility with the electricity that is to be use

Paragraph 1 of Article 3 or Paragraph 1 of Article 8.

7. A specific electric utility shall be prohibited from supplying elthe demand at points of supply other than the point of supply for which pParagraph 1 of Article 3 or Paragraph 1 of Article 8 has been granted.

12

2. The Minister of Economy, Trade and Industry shall give the appin the preceding Paragraph in case the Minister recognizes that the sai

roval mentioned d application for the

approval mentioned in the preceding Paragraph satisfies each Item of the requirements

f electricity and the t management;

a fixed amount

( oncerning y the supplying general power utility and by the

een them the expenses nses for the wiring

firms.

, when it is try that rate ests of other

y revise the rates of electricity and other related supply terms and al under

f notification of raph; hereinafter to

understood in this Article) in accordance with the Ordinance of the Ministry of

lectricity and other ng Paragraph, give

conomy, Trade and Industry in accordance with the Ordinance of the Ministry of Economy, Trade and

e Minister find that the r th the provisions of t following Items, o ply within such a r

a fixed amount

(2) there shall be fairly, properly and definitely set forth the matters concerning responsibilities to be assumed by the supplying general power utility and by the electricity users and also the method for apportioning between them the expenses concerning electric meters, electrical power fittings and fixtures and the expenses for the wiring works and other electrical work related thereto; and

(3) there shall be no unfair, discriminatory treatment against specified firms.

6. A general power utility may, if it is expected to contribute to the efficient use of facilities used for the general electricity industry and efficient business management of

stated below:

(1) the rate of electricity shall be the sum of the fair and proper cost ofair and proper profits under efficien

(2) the rates of electricity shall be explicitly established at a fix rate or according to the category of electricity supply;

3) there shall be fairly, properly and definitely set forth the matters cresponsibilities to be assumed belectricity users and also the method for apportioning betwconcerning electric meters, fittings and fixtures and the expeworks and other work related thereto; and

(4) there shall be no unfair, discriminatory treatment against specified

3. Notwithstanding the provisions of the latter part of Paragraph 1stipulated in the Ordinance of the Ministry of Economy, Trade and Indusreductions and other revisions to the rules are unlikely to impair the interelectricity users, a r maconditions set forth in the rules for electricity supply on which the approvParagraph 1 has been granted (or the revised rules for electricity supply irevision is filed in accordance with the provisions of the ensuing Paragbe soEconomy, Trade and Industry.

4. A general power utility shall, when it had revised the rates of erelated supply terms and conditions under the provisions of the precedinotification of the revised rules for electricity supply to the Minister of E

Industry.

5. The Minister of Economy, Trade and Industry may, if thules for electricity supply under notification given in accordance wihe preceding Paragraph does not fall any of the cases described in therder the said general power utility to revise such rules for electricity supeasonable time as it fixes:

(1) the rates of electricity shall be explicitly established at a fix rate or according to the category of electricity supply;

13

other facilities, lay down a rule that stipulates the conditions of supply diestablished in the rules for electricity supply on which the approval underbeen granted with respect to the rates

fferent from those Paragraph 1 has

of electricity and other related supply terms and y electricity users

rdance with the on of such rules (hereinafter referred

ry as prescribed by e shall apply

ter finds that the optional rules under notification given in accordance with the provisions of the preceding

ing Items, order the said general power utility to revise such optional rules within such a reasonable time limit

( ontribute to the efficient use of facilities used for the general ilities;

rsuant to the rules for electricity supply on which the approval under Paragraph 1 has been granted are

ixed amount;

ified firms.

e rates of electricity tricity supply

t the specified-scale demand in its service area (excluding the demand from the general power

rates of electricity and ower utility

the Ministry of Economy, Trade nomy, Trade and

I e said rules for electricity supply are revised and

inister find that the rules under notification given in accordance with the provisions of the preceding Paragraph does not fall under any of the cases described in the following Items, order the said general power utility to revise such rules (hereinafter referred to as the “last resort service rules”) within such a reasonable time limit as the Minister fixes:

(1) the rates of electricity shall be explicitly established at a fix rate or a fixed amount according to the category of electricity supply;

(2) there shall be fairly, properly and definitely set forth the matters concerning responsibilities to be assumed by the supplying general power utility and by the

conditions necessary for applying these rates as one that can be chosen bin place of the said rules for electricity supply.

7. A general power utility shall, when it has laid down rules in accoprovisions of the preceding Paragraph, give notificatito as the “optional rules”) to the Minister of Economy, Trade and Industthe Ordinance of the Ministry of Economy, Trade and Industry. The samwhen the rules have been changed, revised, modified or amended.

8. The Minister of Economy, Trade and Industry may, if the Minis

Paragraph does not fall under any of the cases described in the follow

as the Minister fixes:

1) the optional rules celectricity industry and efficient business management of other fac

(2) the interests of those firms taking an electricity supply pu

unlikely to be impaired;

(3) the rates of electricity shall be explicitly established at a fix rate or a f

(4) there shall be no unfair, discriminatory treatment against spec

(Last resort service rules of general electric utilities)

Article 19-2. A general power utility shall establish the rules governing thand other related supply terms and conditions designed to guarantee an electo meecustomers who receive an electricity supply from those firms other thanutility or who receive an electricity supply in accordance with theother related supply terms and conditions agreed upon with the general pthrough negotiations) in accordance with the Ordinance ofand Industry, and give notification of such rules to the Minister of Econdustry. The same shall apply when th

amended.

2. The Minister of Economy, Trade and Industry may, if the M

14

electricity users and also the method for apportioning betweenconcerning electric me

them the expenses ters and other supplies, and the wiring works and other

ms; and

( are not extremely iew of social and economic conditions and unlikely to impair the

interests of those firms which receive an electricity supply in accordance with the last

pply, etc.)

rules for 1 of Article 19, or when

accordance with tricity supply

cle 23, or when es in accordance with the provisions of

Paragraph 7 of Article 19, or when it has given notification of the last resort service rules cle, put up a notice last resort service

rules at a conspicuous place for the general public in sales offices and business

for electricity supply,

tricity to meet the onditions of

proval under uant to the

rules for e with the provisions of

ra tion has been given ragraph 7 of

ling service of electricity electricity supply

rates of electricity and other related supply terms and conditions on which the approval of the Minister of Economy, Trade and Industry has been granted (in the event of revisions pursuant to the provisions of Paragraph 3 of Article 23, such revised conditions of supply).

2. A general power utility shall, except where its has agreed with a firm which receives an electricity supply on the rates of electricity and other related supply terms and conditions through negotiations, be prohibited from supply electricity to meet the specified-scale demand in its service area under terms and conditions of supply other than those of the last resort service rules of which notification has been given in accordance with the provisions of Paragraph 1 of Article 19-2. However, this does not apply where

electrical work related thereto; (3) there shall be no unfair, discriminatory treatment against specified fir

4) the rates of electricity and other related supply terms and conditions improper in v

resort service rules.

(Obligation of general electric utilities to publicize rules for electricity su

Article 20. A general power utility shall, when it has obtained approval for theelectricity supply in accordance with the provisions of Paragraph it has given notification of revisions to the rules for electricity supply in the provisions of Paragraph 4 of the same Article, or when the rules for elechave been revised in accordance with the provisions of Paragraph 3 of Artiit has given notification of the optional rul

in accordance with the provisions of Paragraph 1 of the preceding Artiof the said rules for electricity supply, or the said optional rules, or the

establishments from ten days before its enforcement.

(Obligation of a general power utility to supply according to rules etc.)

Article 21. A general power utility shall be prohibited from supplying elecgeneral demand (excluding the specified-scale demand) under terms and csupply other than those of the rules for electricity supply on which the apParagraph 1 of Article 19 has been granted (in the event of revisions pursprovisions of Paragraph 4 of Article 19, the revised rule) (or the revisedelectricity supply if the rules have been revised in accordancPa graph 3 of Article 23), or of the optional rules, of which notificawith respect to the terms and conditions of supply other than those under PaArticle 19. However, this does not apply where cross-area wheeis to be provided, and where special circumstances preclude the rules foror the optional rules from being followed and supply is made under the

15

cross-area wheeling service of electricity is to be provided.

e supplier shall electricity and other ed with the Minister

d Industry (in the event of revisions pursuant to the provisions of ver, this does not

a

of supply as are se biddings publicly

e provisions of Paragraph 5);

own terms and r of Economy,

de and Industry by setting a time limit.

2 sions of the pply under such ptance of such

.

3 riod of time f electricity and ordance with the

Items of Paragraph

4 ster finds that the nder notification given

requirements set hich has filed such

he said the rates of electricity and other related supply terms and n.

y may, when it irm which makes such wholesale supply and on terms and

effect as prescribed thod of such

of the Ministry of

6. A general power utility shall, when it has made a public announcement in accordance with the provisions of the preceding Paragraph, implement such bidding by the method that meets such requirements as are specified in the Ordinance of the Ministry of Economy, Trade and Industry.

7. In the case described under Item (1) of Paragraph 1, a general power utility, a wholesale electric utility, or a wholesale supplier, which is to make wholesale supply, shall give notification of the terms and conditions of wholesale supply to the Minister of Economy, Trade and Industry as prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.

(Terms and conditions of wholesale supply)

Article 22. A general power utility, a wholesale electric utility, or a wholesalbe prohibited from making wholesale supply except under the rates of related supply terms and conditions notification of which have been filof Economy, Trade anParagraph 3 of Article 23, such revised conditions of supply). Howepply in the following cases:

(1) where wholesale supply is made under such terms and conditionsaccepted in biddings invited by a general power utility (only thoannounced in accordance with th

(2) where there exist special circumstances making it difficult to lay dconditions of supply and approval has been granted by the MinisteTra

. A firm which has given notification in accordance with the provipreceding Paragraph shall be prohibited from commencing wholesale sunotification unless and until a period of 20 days has passed after the accenotification

. The Minister of Economy, Trade and Industry may reduce a pespecified in the preceding Paragraph if the Minister finds that the rates oother related supply terms and conditions under notification given in accprovisions of Paragraph 1 meet any of the requirements set forth in the 2 of Article 19.

. The Minister of Economy, Trade and Industry may, if the Minirates of electricity and other related supply terms and conditions uin accordance with the provisions of Paragraph 1 do not meet any of theforth in the Items of Paragraph 2 of Article 19, may order the firm wnotification to change tconditions only within 20 days of the receipt of the said notificatio

5. A general power utility which intends to receive wholesale supplintends to decide on a fconditions of supply by bidding, make a public announcement to that by the Ordinance of the Ministry of Economy, Trade and Industry if a mebidding meets such requirements as are specified in the Ordinance Economy, Trade and Industry.

16

(Order and disposition concerning rules for electricity supply, etc.)

Article 23. The Minister of Economy, Trade and Industry may, if the Min consequence of changes in the social and economic situations, the rateand other related supply terms and conditions have become considerably unimproper to such extent that advancement of public interests is thereby impgeneral power utility, wholesale electric utility or wholesale supplier to sthe appropriate time limit for such submission, its application for changeeither the rules for electricity supply as approved under the provisions ofArticle 19 (the revised rules for electricity supply if notification of the refiled in accordance with the provisions of Paragraph 4 of the same Article

inister recognizes that s of electricity

fair and eded, order the

ubmit, specifying or alteration of Paragraph 1 of vision have been ) or of the rates

of electricity and other related supply terms and conditions as approved under the proviso ions of Paragraph elated supply terms

ister finds that the tification given

icle (or the revised tions if revisions are made

a e extremely they impair the

le electric utility tricity and other related supply

terms and conditions within such a reasonable time limit as the Minister fixes.

y, Trade and Industry has issued the order ion has not been

date limit prescribed or the said

and other related ister of Economy,

Industry as prescribed by the Ordinance of the Ministry of Economy, Trade and r related supply

2. The Minister of Economy, Trade and Industry may, if the Minister finds that the rates of electricity and other related supply terms and conditions under notification pursuant to the provisions of the preceding Paragraph do not fall under either of the following Items, order the specific electric utility to revise such rates of electricity and other related supply terms and conditions within such a reasonable time limit as the Minister fixes:

(1) the rates of electricity shall be explicitly established at a fix rate or a fixed amount; (2) there shall be fairly, properly and definitely set forth the matters concerning

of Paragraph 1 of Article 21 (in the case of the revision under the provis3 of this Article, the revised rules and the rates of electricity and other rand conditions).

2. The Minister of Economy, Trade and Industry may, if the Minrates of electricity and other related supply terms and conditions under noin accordance with the provisions of Paragraph 1 of the preceding Artthe rates of electricity and other related supply terms and condiin ccordance with the provisions of the ensuing Paragraph) have becomimproper in view of social and economic conditions to the point where promotion of the public interests, order the general power utility, wholesaor wholesale supplier to revise the said the rates of elec

3. In cases where the Minister of Economprescribed by the preceding two Paragraphs and where the said applicatsubmitted or the revised rules have not been notified, within the fixedin the preceding two Paragraphs, the Minister may change or alter the said rulethe rates of electricity and other related supply terms and conditions.

(Terms and conditions of supply of a specific electric utility)

Article 24. A specific electric utility shall establish the rates of electricitysupply terms and conditions and give notification thereof to the MinTrade andIndustry. The same shall apply when such rates of electricity and otheterms and conditions are to be revised.

17

responsibilities to be assumed by the specific electric utility and busers and also the method for apportioning between them the expenses con

y the electricity cerning

electric meters and other supplies, and the wiring works and other electrical work

( ied firms; and

( y and other related supply terms and conditions are not extremely impair the

electricity and lated supply terms and conditions with respect to which notification has been given

t of supply no later ply terms and

supplying electricity to meet the demand at the point of supply under the rules of supply other than the rates of

ted supply terms and conditions with respect to which notification , this does not apply

upplementary tricity used by the cy due to an f the Ministry of

Economy, Trade and Industry, it is pledged to make a supply (excluding cross-area electric utility; to be so

oint of supply f the Minister of

lated supply terms and lectricity and other

essary der the preceding Paragraph.

3 ster finds that with ility and the

specific electric utility which holds the point of supply within the service area of the general power utility are unable to hold a consultation with each other or unable to reach an agreement, the interests of electricity users at the point of supply are likely to be impaired, order the general power utility and the specific electric utility to conclude a supplementary supply contract by giving directions about the rates of electricity and other related supply terms and conditions.

4. In case an order has been given as provided for in the preceding Paragraph, the general power utility which has received such order shall be considered to have obtained approval under Paragraph 1 with respect to the rates of electricity and other related supply

related thereto;

3) there shall be no unfair, discriminatory treatment against specif

4) the rates of electricitimproper in view of social and economic conditions and unlikely tointerests of electricity users.

3. A specific electric utility shall take measures to make the rates ofother repursuant to the provisions of Paragraph 1 commonly known at the pointhan the enforcement date of such rates of electricity and other related supconditions.

4. A specific electric utility shall be prohibited from

electricity and other relahas been given pursuant to the provisions of Paragraph 1. Howeverwhere cross-area wheeling service of electricity is made.

(Supplementary supply contract)

Article 24-2. A general power utility shall, when it intends to conclude a ssupply contract (which refers to a contract under which, in the event elecspecific electric utility for its specific electricity industry shows a deficienaccident or otherwise for such reasons as are specified in the Ordinance o

wheeling service of electricity) of such deficiency to the specificunderstood hereinafter) with the specific electric utility which holds the pwithin the service area of the general electric utility, obtain the approval oEconomy, Trade and Industry for the rates of electricity and other reconditions for such supply. The same shall apply when such rates of erelated supply terms and conditions are to be revised.

2. The provisions of Paragraph 2 of Article 19 shall apply with necmodifications to approval un

. The Minister of Economy, Trade and Industry may, if the Minirespect to a supplementary supply contract, because the general power ut

18

terms and conditions pertaining to directions given as provided for in

5. The provisions of Paragraphs 1 and 3 of Article 23 shall apply with necmodifications to the rates of electricity and other related supply terms andwhich approval und

the same Paragraph.

essary conditions for

er Paragraph 1 has been granted (including those for which approval under Paragraph 1 is considered to have been granted in accordance with the provisions of

vice (in the case uch cross-area

eral electricity ly industry and as

ry; to be so er related supply

ation thereof to the ance of the Ministry

s to be revised.

heeling service s and conditions of supply other than the rule for wheeling service with

visions of the ecial

and approval for t following the rule for wheeling service has been granted by the Minister of Economy,

le for wheeling s to notification given in accordance with the provisions of Paragraph 1 does

general power utility t as the Minister f

hose firms which ity supply or the

( ult for a firm ricity supply under the rule for wheeling service with respect

rovisions of Paragraph 1 to receive the wheeling service;

(3) the rates of electricity shall be explicitly established at a fix rate or a fixed amount;

(4) the particulars pertaining to the responsibilities of the general power utility and a firm which receives an electricity supply under the rule for wheeling service with respect to which notification has been given in accordance with the provisions of Paragraph 1 and a method for payment of expenses for electrical meters and works, are properly and explicitly established;

(5) there shall be no unfair, discriminatory treatment against specified firms; and

the preceding Paragraph).

(General electric utilities’ wheeling service)

Article 24-3. A general power utility shall lay down a rule for wheeling serof a cross-area wheeling service of electricity, including and limited to swheeling service of electricity as pertains to electricity to be used for a genindustry, a special electricity industry or specified-scale electricity suppis specified in the Ordinance of the Ministry of Economy, Trade and Industunderstood in this Article) with respect to the rates of electricity and othterms and conditions pertaining to a wheeling service and give notificMinister of Economy, Trade and Industry as prescribed by the Ordinof Economy, Trade and Industry. The same shall apply when the rule i

2. A general power utility shall be prohibited from providing the wunder the termrespect to which notification has been given in accordance with the propreceding Paragraph. However, this does not apply where there exist spcircumstances making it difficult to follow the rule for wheeling servicenoTrade and Industry.

3. If the Minister of Economy, Trade and Industry finds that the ruervice related

not fall under any of the following Items, the Minister may order theo revise the rule for wheeling service within such a reasonable time limitixes:

(1) the rule for wheeling service is unlikely to impair the interests of treceive an electricity supply in accordance with the rules for electricoptional rules;

2) the rule for wheeling service is unlikely to make it extremely difficwhich receives an electto which notification has been given in accordance with the p

19

( of electricity and related supply terms and conditions do not hamper the advancement of public

accordance with or wheeling

rade and Industry.

5. The Minister of Economy, Trade and Industry may, if a general power utility has refused wheeling service without good reason, order the general power utility to make

ies)

s of electricity ervice of electricity

to be used for a nistry of Economy,

erstood in this Article and Article 24-7) to the Minister of dinance of the

ply where the es being

ined and operated by the wholesale electric utility are not intended to provide a

modifications to onditions with

sions of the same

lectric utility (excluding those who have been granted approval Article 24-7) shall

city under the terms lated supply terms

ity with respect to ragraph 1

modifications as specified

ates of electricity a n which has been given in accordance with the provisions of Paragraph 1 (including cases where the said provisions apply with necessary modifications as specified in Paragraph 2; to be so understood in this Article) do not fall under any of the following Items, the Minister may order the wholesale electric utility to revise the rates of electricity and other related supply terms and conditions within such a reasonable time limit as the Minister fixes:

(1) the rates of electricity and other related supply terms and conditions are unlikely to make it extremely difficult for a firm which receives an electricity supply under the rates of electricity and other related supply terms and conditions pertaining to notification given in accordance with the provisions of Paragraph 1 to receive the

6) besides the conditions mentioned in the preceding Items, the rates otherinterests.

4. A general power utility shall, when it has given notification inthe provisions of Paragraph 1, make a public announcement of the rule fservice as prescribed by the Ordinance of the Ministry of Economy, T

wheeling service.

(Cross-area wheeling service of electricity by wholesale electric utilit

Article 24-4. A wholesale electric utility shall submit notification of the rateand other related supply terms and conditions for cross-area wheeling s(including and limited to a cross-area wheeling service of electricitygeneral electricity industry and prescribed by the Ordinance of the MiTrade and Industry; to be so undEconomy, Trade and Industry in accordance with the provisions of the OrMinistry of Economy, Trade and Industry. However, this does not apMinister of Economy, Trade and Industry has approved that the power linmaintacross-area wheeling service of electricity.

2. The provisions of the preceding Paragraph apply with necessarychange as to the rates of electricity and other related supply terms and crespect to which notification has been given in accordance with the proviParagraph.

3. A wholesale eunder the proviso of Paragraph 1; to be so understood in this Article andbe prohibited from providing the cross-area wheeling service of electriand conditions of supply other than the rates of electricity and other reand conditions under the rules for cross-area wheeling service of electricwhich notification has been given in accordance with the provisions of Pa(including cases where the said provisions apply with necessaryin the preceding Paragraph).

4. If the Minister of Economy, Trade and Industry finds that the rnd other related supply terms and conditions pertaining to notificatio

20

cross-area wheeling service of electricity;

(2) the rates of electricity shall be explicitly established at a fix rate or a

3) the particulars pertaining to the responsibilities of the wholesale electric utifirm which receives an electricity supply under the rates of elerelated supply terms and conditions pertaining to noti

fixed amount;

( lity and a ctricity and other

fication given in accordance t of expenses for

;

( shall be no unfair, discriminatory treatment against specified firms; or

f electricity and cement of public

5. If a wholesale electric utility refuses to provide a cross-area wheeling service of d Industry may order

olesale electricity utility to provide the service.

s and other o ra

wer utility shall keep accounts for a wheeling service and other operations related to transformation, transmission and distribution of electricity in

rade and Industry.

ts which it has kept der the preceding Paragraph in accordance with the Ordinance of the Ministry of

(P eneral electric utilities)

i the following a

ormation which e concerning other

electricity (to be referred in the ensuing Item as “electricity supply firms”) and electricity users; and

upply firms unfairly favorably, or bestowing benefits ing disbenefits on

them in the wheeling service.

2. If the Minister of Economy, Trade and Industry finds that a general power utility has performed an act contrary to the provisions of the preceding Paragraph, the Ministry may order the general power utility to stop or rectify such act.

(Application with necessary modifications)

Article 24-7. The provisions of the preceding two Articles shall apply to wholesale electric

with the provisions of Paragraph 1 and a method for paymenelectrical meters and works, are properly and explicitly established

4) there

(5) besides the conditions mentioned in the preceding Items, the rates oother related supply terms and conditions do not hamper the advaninterests.

electricity without good reason, the Minister of Economy, Trade anthe wh

(Accounting, etc. concerning wheeling service of general electric utilitiepe tions)

Article 24-5. A general po

accordance with the Ordinance of the Ministry of Economy, T

2. A general power utility shall make public a record of accoununEconomy, Trade and Industry.

rohibited acts associated with wheeling service of g

Art cle 24-6. A general power utility shall be prohibited from performingcts:

(1) using or furnishing, for purposes other than for a wheeling service, infhas come to the utility’s knowledge in association with such servicfirms which conduct a business of supplying

(2) treating specific electricity sunfairly on them, or treating them unfairly unfavorably, or conferr

21

utilities with necessary modifications. In this case, “wheeling serviceprovisions shall read “cross-area wheeling service of electri

” in these city” and “transmission and

distribution” in Paragraph 1 of Article 24-5 shall read “and transmission.”

icity to meet the n of the Minister

e to receive such supply of owever, this shall not ale electricity supply

ry, or for the general electricity industry, specific electricity industry or eling service of

the general ectricity supply

stry).

e permission m t the application m eceding Paragraph conforms to each Item of requirements stated

( undertaken to meet the demand in a service area belonging to other general power utility, such supply would prove to be not easy

h and not appropriate to undertake if to be undertaken by the said other

nd at the point of

tility and in the whole) shall

pplies at such ed by the Ordinance of the Ministry of Economy, Trade

ter finds that the r frequency of

electricity being supplied by an electricity industry utility is not maintained at such a value as is prescribed by the Ordinance of the Ministry of Economy, Trade and Industry as provided for in the preceding Paragraph, order the electricity industry utility to repair or remodel power facilities, improve the method of operating power facilities and take other necessary measures to maintain such value.

3. The electricity industry utility shall take measurements of the voltage and frequency of the electricity which it supplies and shall keep a record of the results of such measurements in accordance with the Ordinance of the Ministry of Economy, Trade and Industry.

(Supply of general electric utilities outside service area)

Article 25. The general power utility shall, when it intends to supply electrdemand in a certain area outside its own service area obtain a permissioof Economy, Trade and Industry for each of the parties who arelectricity and for each of the places of supply of the electricity. Happly in the case where such supply is to be effected as specified-scindustspecified-scale electricity supply industry and for the cross-area wheelectricity (such supply is limited to electricity to be made available for electricity industry, specific electricity industry or specified-scale elindu

2. The Minister of Economy, Trade and Industry shall not grant thentioned in the preceding Paragraph unless the Minister recognizes thaentioned in the pr

below:

1) in case such supply of electricity is to be

to accomplisgeneral power utility.

(2) such supply of electricity is not to be undertaken to meet the demabusiness commencement of a specific electric utility.

(Voltage and frequency)

Article 26. The electricity industry utility (excluding the wholesale electric uspecified-scale electricity supplier, and this shall apply in this Articleendeavor to maintain the voltage and the frequency of the electricity it suvalues as are respectively prescriband Industry.

2. The Minister of Economy, Trade and Industry may, if the Minisinterests of electricity users are impaired because the value of voltage o

22

er recognizes that on’s economy nt is made on the

n of electricity ied-scale electricity

and and also by posing such

on, or impose restriction on the amount of receiving electricity from the general power utility, specific electric utility or specified-scale electricity supplier by specifying the limit capacity in receiving the electricity, within the limits necessary for tiding over the impending adv the provisions of the Government Ordinance.

y industry utilities) Article 28. An electricity industry utility shall, in implementing electric power development

supplying electricity, operating power facilities, and executing other businesses, wholesale

of the electricity

e y and ll prepare each

ess year a plan for the supply of electricity, the installation and operation of power i nce of the

d (hereinafter ereof to the Minister of Economy,

ad

vised a supply plan, give notification of the revised particulars without delay to the Minister of Economy, Trade and Industry.

3. The Minister of Economy, Trade and Industry may, if the Minister recognizes that the plan for supplying electricity is not proper and appropriate for promoting overall and rational development of the electricity industry through the wide-area operations, recommend the electricity industry utility to change or alter the plan.

4. The Minister of Economy, Trade and Industry may, when the Minister has recommended as provided for in the preceding Paragraph, if the Minister finds it

(Restriction imposed on consumption of electricity, etc.) Article 27. The Minister of Economy, Trade and Industry may, if the Minist

the shortage in the electric supply capability will adversely affect the natiand daily living life and will impair public interest unless some adjustmedemand and supply of electricity, impose restriction on the consumptiosupplied by the general electric utility, specific electric utility or specifsupplier by specifying the limit of energy consumption and of peak demspecifying the categories of use of the electricity and the date or time of imrestricti

erse conditions and in accordance with

Subsection 2. Wide-Area Operations

(Mutual cooperation among electricit

projects,cooperate with one another, while making proper use of the capacities of suppliers, to contribute to the comprehensive and rational development industry through wide-area operations.

(Supply plan)

Articl 29. An electricity industry utility (excluding a specific electric utilitspecified-scale electricity supplier; to be so understood in this Article) shabusinfac lities for such a period of time as is specified in the Ministerial OrdinaMinistry of Economy, Trade and Industry from the business year onwarreferred to as the “supply plan”) and give notification thTr e and Industry prior to the beginning of the said business year.

2. An electricity industry utility shall, when the firm has re

23

exemptionally necessary and proper, give orders to an electricity industractions described hereunder; provided, how

y utility to take ever, that the Minister cannot order a

er Item (3): lectricity;

(

(4) to lend or borrow power facilities to or from an electricity industry utility, or use power facilities ity industry utility.

Subsection 3. Supervision

eral power utility ly business if the

s that the general power utility or specific electric utility is impairing the benefits of the consumers of electricity owing to the fact that in cases of interruption of

y service due to an accident the supplier does not quickly complete the repair work or does not take other measures necessary for removing the cause of such

ng the electricity is

Arti my, Trade and Industry may give an order to implement er considers it

sts in an event of calamities or holesale electric

u

lity or

n electricity industry utility;

(3) to receive electricity from an electricity industry utility; and

tility, or use power facilities commonly with the electricity industry utility.

2. In cases where the order has been given under the provisions of the preceding Paragraph, the details concerning the amount of money to be paid to or received by the parties concerned and other matters necessary for the execution of the said order shall be determined through negotiation between or among the parties concerned.

Article 32. In case the negotiation mentioned in Paragraph 2 of the preceding Article cannot be conducted or has failed to be concluded to the mutual agreement, the parties concerned

wholesale electric utility to take action und(1) to supply a general power utility with e

(2) to make cross-area wheeling service of electricity;

3) to receive supply of electricity; and

commonly with the electric

(Order concerning betterment of business procedures)

Article 30. The Minister of Economy, Trade and Industry may order the genor the specific electric utility to improve the manner of its electricity suppMinister recognize

its electricity suppl

service interruption, or else that other procedure or method for furnishinot proper and apposite.

(Supply order, etc.)

cle 31. The Minister of Econothe following Items to the electricity industry utility in case the Ministnecessary and appropriate for securing public intereemergencies; provided, however, that Item (3) shall not apply to the w

tility:

(1) to supply electricity to a general power utility, specific electric utispecified-scale electricity supplier;

(2) to make cross-area wheeling service of electricity to a

(4) to lend or borrow power facilities to or from an electricity industry u

24

ma apply to the Minister of Economy, Trade and Industry for the M

2. The Minister of Economy, Trade and Industry shall, upon reapplication for the ruling under the provisions of the preceding Paragr

y inister’s ruling.

ceipt of the said aph, notify other

r party an or such presentation.

Industry shall, upon effecting the ruling ify the other

4. When the ruling under the provisions of Paragraph 1 of this Article has been e agreement between

e said ruling.

f the preceding ount of money that the

receive in consequence of the said ruling may demand an awsuit within the period

ruling.

f the lawsuit mentioned in the preceding Paragraph, the other concerned party shall be the defendant.

3. In rai tioned in Paragraph 1 of the preceding Article, a dissatisfaction with the amount of money to be paid or to be received

d party shall be prohibited from constituting the ground for raising the said objection against the ruling.

( e

ity supplier; to f Article 36)

shall, in conformity with the provisions of the Ministerial Ordinance of the Ministry of Economy, Trade and Industry, lay down the accounting system by establishing its business

concerning nce sheet, profit and loss statement and the like.

2. Electricity industry utilitys shall submit statements of financial accounting specified under the preceding Paragraph to the Minister of Economy, Trade and Industry at the end of each business year in accordance with the Ministerial Ordinance of the Ministry of Economy, Trade and Industry.

(Keeping of accounts, etc. according to categories of business operations of general power utilities)

Article 34-2. A general power utility shall keep accounts according to the following

concerned party of the purport of the said ruling and shall give the said otheopportunity for presenting a written reply with a time limit fixed f

3. The Minister of Economy, Trade and under the provisions of Paragraph 1 of this Article, without delay notconcerned party or parties of the purport of the ruling.

effected, the said negotiation shall be considered as having reached thor among the parties concerned in conformity with the prescriptions of th

Article 33. In the case of the ruling under the provisions of Paragraph 1 oArticle, any of the parties concerned who is dissatisfied with the amconcerned party is to pay or toincrease or decrease of the said amount of money by instituting a lof three months from the day of the receipt of the notification of the said

2. In the case o

sing an objection against the ruling men

by the concerne

Section 3. Accounting and Financing

Ke ping of accounts)

Article 34. The electricity industry utility (excluding specified-scale electricbe so understood in the following Paragraph, Article 35 and Paragraph 1 o

year, classification of items of accounts and forms of financial schedulesbala

25

categories of business operations in accordance with the Ministerial Ordinance of the

specified-scale

e general demand Item); and

wo Items.

th the revenues and diture by categories of business operations specified in the preceding Paragraph to

the Minister of Economy, Trade and Industry at the end of each business year in ith the Ministerial Ordinance of the Ministry of Economy, Trade and

inister recognizes a f the electricity

stry; and to be so understood hereinafter in this and following Articles), order the electricity industry utility that, in

depreciation in a substantial amount on the fixed assets employed for epreciation ulating reserves

t.

usiness year either rease in its reserves from the electricity industry or a decrease in its expenditures

r rge its production of f production

inistry of f the said increase

ed amount reaches my, Trade and

2 f the preceding Paragraph shall not be disposed of, excepting the case where such disposition has been granted by the Minister of Economy, Trade and Industry for a special reason or reasons, unless such disposition of the drought reserves is for making up either the decrease in the revenues or the increase in the expenditures in the business year, both the increase and decrease being attributable to the fact that due to the decrease in the river flow in that business year the amount of production of electricity at the hydroelectric power plants in the said business year has been less than the amount assessed for the said business year by the Ministerial Ordinance of the Ministry of Economy, Trade and Industry.

3. The method for computing the amount of the increase or decrease in the

Ministry of Economy, Trade and Industry:

(1) business operations related to an electricity supply to meet the demand;

(2) business operations related to an electricity supply to meet th(excluding those business operations mentioned in the preceding

(3) business operations other than those enumerated in the preceding t

2 A general power utility shall submit documents setting forexpen

accordance wIndustry.

(Depreciation, etc.)

Article 35. The Minister of Economy, Trade and Industry may, if the Mspecial necessity for appropriate and infallible execution of the business oindustry (excluding specified-scale electricity supply indu

effecting the conducting the business of the said electricity industry, it shall effect the deither by establishing the method or by fixing the amount or else by accumor provisions either by establishing the method or by fixing the amoun

(Drought reserves)

Article 36. In cases where the electricity industry utility has realized in a ban incthe eof owing to the fact that due to an increase in the river dischaelectricity at its hydroelectric power plants has exceeded the amount oassessed for the said business year by the Ministerial Ordinance of the MEconomy, Trade and Industry, the firm shall accumulate the amounts oand the said decrease as the drought reserve fund until the accumulatthe value prescribed by the Ministerial Ordinance of the Ministry of EconoIndustry.

. The drought reserves accumulated under the provisions o

26

operational revenues or operational expenditures mentioned in the preceParagraphs sh

ding two all be prescribed by the Ministerial Ordinance of the Ministry of Economy,

Trade and Industry.

wer utility e holders of short-term debentures specified in Item (1) of Article 66 of the

w o. 75 of 2001)) ssets in advance

.

2. The order of the preferential right under the provision of the preceding Paragraph shall be next to that of the general preferential rights stipulated by the Civil Code of Japan (Law No. 89 of 1896).

(General security)

Article 37. Holders of the debentures issued by a firm which is a general po(excluding thLa Concerning the Transfer of Corporate Bonds and Debentures (Law Nshall have the right to obtain the liquidation of their claims on the firm’s aof other creditors

27

CHAPTER III. POWER FACILITIES

Section 1. Definition

eans any of the hose facilities to

r generation other ricts similar to such

se facilities to be installed in those places ur because of the

e specified in the O

( e other firm at a rdinance of the

nd Industry and for using electricity so received within those small capacity

remises and to be ith power facilities

r line other than

( in the premises er facilities for using electricity to be installed in the same

ally connected ises by an power

her than the power line for some other firm to receive electricity for power e as is specified

nd Industry under

ies which are specified in the Ministerial Ordinance of the Ministry ated in the preceding

ed in the preceding means power facilities for generating electric power of a voltage lower than

such a voltage as is specified in the Ministerial Ordinance of the Ministry of Economy, Trade and Industry and which are specified in the Ministerial Ordinance of the Ministry of Economy, Trade and Industry.

3. The term “power facilities for business use” as used in this Law means those power facilities other than power facilities for general use.

4. The term “power facilities for self-generation” as used in this Law means those power facilities other than power facilities for the electricity industry or power facilities for general use.

Article 38. The term “power facilities for general use” as used in this Law mpower facilities described hereunder. However, this shall not apply to tbe installed in the same premises as those of power facilities for powethan small capacity power generating installations (including those distpremises; to be so understood hereinafter) or thowhere an accident arising from power facilities is highly likely to occxistence of explosive or inflammable substances and such places as are rdinance of the Ministry of Economy, Trade and Industry:

1) those power facilities intended for receiving electricity from somvoltage lower than such a voltage as is specified in the Ministerial OMinistry of Economy, Trade athe same premises as the place of receiving electricity (includingpower generating installations to be installed within the same pelectrically connected) and which are not electrically connected wexisting in any of the places other than the said premises by an powethe power line for receiving electricity;

2) those small capacity power generating installations to be installed (including those powpremises and to be electrically connected) and which are not electricwith power facilities existing in any of the places other than the premline otgeneration in the same premises at a voltage lower than such a voltagin the Ministerial Ordinance of the Ministry of Economy, Trade athe preceding Item; and

(3) those power facilitof Economy, Trade and Industry as ones similar to those enumertwo Items.

2. The term “small capacity power generating installations” as usParagraph

28

Section 2. Power Facilities for Business Use Subsection 1. Conformity with Technological Standards

tain the power ological standards as

rade and Industry.

and Industry m all be so formulated as to be in accordance with

( imperil the human body nor cause damage to any other facilities;

( t cause to other power turbance as to

( s not cause erious hindrance to the supply of electricity by the general power utility;

(4) in the case of power facilities for business use to be used for the general electricity r business use shall be maintained in such a way that

tute a ral electricity

r of Economy, Trade and Industry may, if the Minister recognizes that siness use do not conform to the technological standards established

stry mentioned ir or to remodel ove the said

ecome not conformable to the technological standards established by the Ministerial Ordinance of the Ministry of Economy, Trade and Industry mentioned in Paragraph 1 of Article 39 on account of the fact that other power facilities belonging to other firm have been installed, constructed or erected (excluding those prescribed by the Government Ordinance), the measure that is necessary for making the said power facility conform to the said technological standards as well as the method of allotting the expenses for such measure between or among parties concerned shall be decided through negotiation between or among the parties concerned; provided that the said method of allotting the expenses shall be effected in conformity with the provisions of the Government Ordinance in case such

(Maintenance of power facilities for business use)

Article 39. A firm which installs power facilities for business use shall mainfacilities for business use in such a way as to conform to such technare specified in the Ministerial Ordinance of the Ministry of Economy, T

2. The Ministerial Ordinance of the Ministry of Economy, Tradeentioned in the preceding Paragraph sh

the following Items of requirements:

1) the power facility for business use shall be such that it does not

2) the power facility for business use shall be such that it does noinstallations or other facilities any of such electric or magnetic dishamper their proper functions;

3) the power facility for business use shall be such that any damage to it doeany s

industry, the power facilities fodamage, if any, to the power facilities for business use will not consticonsiderable hindrance to an electricity supply pertaining to the geneindustry.

(Order to conform to technological standards)

Article 40. The Ministepower facilities for buby the Ministerial Ordinance of the Ministry of Economy, Trade and Induin Paragraph 1 of the preceding Article, order the firms concerned to repaso as to make them conform to the said technological standards or to rempower facilities for business use or suspend or else restrict their use.

(Allotment of expenses, etc.)

Article 41. In case where any of the power facilities for business use has b

29

ordinance is in force.

2. The provisions of Articles 32 and 33 shall apply with necessary modifications in be conducted or

Minister intends to le 32 as applied with necessary modifications

in the preceding Paragraph, consult in advance with the competent Cabinet Minister or Ministers as provided for

Subsection 2. Voluntary Preservation of Safety

purpose of wer facilities for power facilities, cation of the said

nomy, Trade and Industry prior to the commencement of or prior to the

wer facilities are ticle 50-2 or operator inspections

Ordinance of the

usiness use shall, when it has revised nomy, Trade and

on the matter or matters thereby revised or amended.

3. The Minister of Economy, Trade and Industry may, if the Minister recognizes any f doing so for ensuring safety of construction work or maintenance or operation

acilities for

ts employees shall

e pursuance of the provisions of the Ministerial Ordinance of the Ministry of Economy, Trade and Industry, appoint chief engineers from among engineers, to whom have been delivered the chief engineer’s licenses, so as to place them in charge of supervision of safety matters of construction work, maintenance and operation of the power facilities for business use.

2. Notwithstanding the provisions of the preceding Paragraph, a firm which installs power facilities for self-generation may, by permission of the Minister of Economy, Trade and Industry, appoint a person who has not got a chief engineer’s license as chief engineer.

3. In case a firm which installs power facilities for business use has appointed the

case where the negotiation mentioned in the preceding Paragraph cannot has failed to be concluded.

3. The Minister of Economy, Trade and Industry shall, when themake a decision under Paragraph 1 of Artic

in a Government Ordinance.

(Safety rule)

Article 42. A firm which installs power facilities for business use shall, for theensuring safety in the construction, maintenance and operation of the pobusiness use, establish a safety rule for each organization responsible forthe safety of which requires to be secured uniformly, and shall give notifisafety rule to the Minister of Ecothe use of the power facilities for business use by the said organization (commencement of construction work for the power facilities if these posubject to voluntary inspections under Paragraph 1 of Arunder Paragraph 1 of Article 52) in accordance with the provisions of the Ministry of Economy, Trade and Industry.

2. A firm which installs power facilities for bor amended its safety rule, without delay submit to the Minister of EcoIndustry a report

necessity oof power facilities for business use, order the firm which installs power fbusiness use to amend or revise the said safety rule accordingly.

4. A firm which installs power facilities for business use and iobserve the safety rule.

(Chief engineer)

Articl 43. A firm which installs power facilities for business use shall, in

30

chief engineer (excluding the case where the chief engineer has been appursuance of the provisions of the preceding Paragraph), without delay it

pointed in shall submit to

the Minister of Economy, Trade and Industry a report to that effect. The same shall apply

A chief engineer shall faithfully perform the duties of exercising supervision over cilities for

5. A firm which is engaged in the construction work, maintenance, or operation of power facilities for business use shall follow directions given by a chief engineer for

eof.

i all be classified into; e;

e;

(3) the 3rd class electrical chief engineer’s license;

(

( gineer’s license.

Economy, Trade a comes under either one of the following Items:

d business experiences as onomy, Trade and

( r’s licenses enumerated in Items (1) through e examination for a

he chief engineer’s license to the person who comes under either one of the following Items:

in consequence of riod from the day of the

said order for returning the license has not elapsed; (2) a person who has been sentenced to a fine or a heavier penalty for violation of the

provisions of this Law or of the order issued thereunder and a two years’ period has not yet elapsed since either the day when the person finished serving the sentence or the day when the person was exempted from serving the sentence.

4. The Minister of Economy, Trade and Industry may, if a person to whom the chief engineer’s license has been delivered has violated the provisions of this Law or of the order issued thereunder, order the person to return the chief engineer’s license.

when the firm has dismissed its chief engineer.

4. the safety of construction work, maintenance, and operation of power fabusiness use.

securing safety ther

(Chief engineers’ licenses)

Art cle 44. The Chief engineers’ licenses sh(1) the 1st class electrical chief engineer’s licens

(2) the 2nd class electrical chief engineer’s licens

(4) the 1st class dam-and-waterway chief engineer’s license;

(5) the 2nd class dam-and-waterway chief engineer’s license;

6) the 1st class boiler-and-turbine chief engineer’s license;

7) the 2nd class boiler-and-turbine chief en

2. The chief engineer’s license shall be granted by the Minister ofnd Industry to the person who

(1) a person who has such academic records or qualifications anare specified in the Ministerial Ordinance of the Ministry of EcIndustry for each type of chief engineer’s license;

2) in the case of the types of chief enginee(3) of the preceding Paragraph, a person who has succeeded in thchief electrical engineer’s license.

3. The Minister of Economy, Trade and Industry may not deliver t

(1) a person who has been ordered to return chief engineer’s licensethe provision of the following Paragraph and one year’s pe

31

5. Procedural matters concerning the scope of the construction woand operation of power facilities for business use on which a person whoengineer’s license is allowed to exer

rk, maintenance, is issued a chief

cise supervision over safety, and concerning the issuance of a chief engineer’s license, shall be prescribed by the Ministerial Ordinance of the Ministry of Economy, Trade and Industry.

or some of the the licenses set forth in Items

the clerical works relating to the return of a chief engineer’s license and other clerical works specified in the

ed to as cy set forth in

xamination agency that has been entrusted with the license-delivering clerical works pursuant to the provisions of the

o have once been such officers or employees nowledge in the

(Exam

e conducted for rade and Industry with

struction work,

The Minister of Economy, Trade and Industry may designate an organization (to be referred to as the “designated examination agency” hereafter) to have it perform the clerical works (to be referred to as the “examination clerical works” hereafter) relating to

the examination for qualification of chief electrical engineer’s license.

3. The subjects of examinations, procedures of applying for the examination, and other details concerning the examination for qualification of the electrical chief engineers shall be stipulated in the Ministerial Ordinance of the Ministry of Economy, Trade and Industry.

Article 46. (Deleted)

(Entrustment of clerical works relating to the delivery of licenses)

Article 44-2. The Minister of Economy, Trade and Industry may entrust all clerical works relating to chief engineers’ licenses (including(1) through (3) of Paragraph 1 of the preceding Article only; excluding

Government Ordinance; these clerical works to be hereinafter referr“license-delivering clerical works”) to the designated examination agenParagraph 2 of the ensuing Article.

2. Officers or employees of the designated e

preceding Paragraph, or those persons whshall be prohibited from disclosing the secrets that have come to their kperformance of the license-delivering clerical works entrusted.

ination for a chief electrical engineer’s license)

Article 45. The examination for a chief electrical engineer’s license shall beach type of chief engineer’s license by the Minister of Economy, Trespect to knowledge and technical skill necessary for safety in the conmaintenance, and operation of power facilities for business use.

2.

execution of

32

Subsection 2-2. Special Cases Concerning Environmental Impact Assessment

ss use)

e 2 of the r referred to as

to a project to install ties for business use which falls under the Class 1 project specified

in Paragraph 2 of Article 2 of the said law or the Class 2 project specified in Paragraph 3 the same law and in accordance with the

provisions of this Subsection.

ge power facilities aph 3 of Article 2

mental Impact Assessment Law, shall state in a document specified in the first part of Paragraph 1 of Article 4 of the same law, the matters specified in the first part of the same Paragraph and, in addition, the results of environmental impact assessment

imple method specified in the Ordinance of the Ministry of istry of Economy,

power facilities ry specified in Paragraph 4 of Article

2 of the Environmental Impact Assessment Law (hereinafter referred to as the “relevant to carry out this special project (hereinafter be referred to as

the “proponent”) shall, notwithstanding the provisions of Item (4) of Article 5 of the same ject, survey,

ssessment ed to as the “scoping document”) employed in an environmental impact

assessment specified in Paragraph 1 of Article 5 of the same law.

Article 46-5. A proponent shall, when the firm submits the documents in accordance with the provisions of Paragraph 1 of Article 6 of the Environmental Impact Assessment Law, give notification of the scoping document to the Minister of Economy, Trade and Industry, in addition to submission.

(Notification of an outline of opinions on the scoping document, etc.) Article 46-6. A proponent shall, in addition to the matters specified in Article 9 of the

Environmental Impact Assessment Law, state firm’s view on the opinions specified in

(Environmental impact assessment relating to power facilities for busine

Article 46-2. Environmental impact assessment specified in Paragraph 1 of ArticlEnvironmental Impact Assessment Law (Law No. 81 of 1997; hereinafte“environmental impact assessment”) and other procedures pertainingor change power facili

of the same Article shall be as prescribed by

(Environmental impact assessment by a simple method)

Article 46-3. A firm which intends to carry out a project to install or chanfor business use, which falls under the Class 2 project specified in Paragrof the Environ

made on such project by a sEconomy, Trade and Industry, as prescribed by the Ordinance of the MinTrade and Industry.

(Preparation of a scoping document)

Article 46-4. A firm which intends to carry out a project to install or changefor business use, which falls under the project catego

project”; a firm which intends

law, state the items of environmental impact assessment on the special proprediction and scoping document concerning the environmental impact a(hereinafter referr

(Notification of the scoping document)

33

Paragraph 1 of Article 8 of the same law, in the document specified in Article 9 of the

n accordance with the e Environmental Impact Assessment Law, give notification of

the documents specified in the same Article to the Minister of Economy, Trade and

cified in f Article 10 of the Environmental Impact Assessment Law, shall,

pinion under the y on behalf of the

on a special project, specified in Paragraph 1 of Article 10 of the Environmental Impact Assessment Law, in accordance

f the same Article and, in addition, give consideration of the same law in

le.

fication of the ons of Article 46-5,

overnor ssment Law and 1 of Article 8 of

Paragraph 2 of if the Minister finds it

nmental n method, may make necessary

act assessment in the a period of time,

y, counting from rdance with the provisions of Article 46-5.

2. The Minister of Economy, Trade and Industry shall, if the Minister finds it ce with the provisions of the preceding

Paragraph, give notification to that effect without delay to the proponent.

3. The Minister of Economy, Trade and Industry shall, when the Minister makes recommendations pursuant to the provisions of Paragraph 1 or give notification pursuant to the provisions of the preceding Paragraph, send to the proponent a duplicate copy of the document specified in Paragraph 1 of Article 10 of the Environmental Impact Assessment Law, in addition to such recommendations or notification.

(Selection of the items of environmental impact assessment, etc.)

same law.

2. A proponent shall, when the firm submits the documents iprovisions of Article 9 of th

Industry, in addition to submission.

(Opinion of a prefectural governor on the scoping document)

Article 46-7. The opinion of a prefectural governor on a relevant project, speParagraph 1 onotwithstanding the provisions of the same Paragraph, be treated as the osame Paragraph submitted to the Minister of Economy, Trade and Industrproponent.

2. A prefectural governor shall advance an opinion

with the provisions of Paragraph 3 oto the views of the project firm stated in the document under Article 9 accordance with the provisions of Paragraph 1 of the preceding Artic

(Recommendations on the scoping document)

Article 46-8. The Minister of Economy, Trade and Industry shall, when notiwritten method has been submitted in accordance with the provisiexamine the written method with due regard to the opinion of a prefectural gspecified in Paragraph 1 of Article 10 of the Environmental Impact Asseby giving consideration to an outline of opinions, specified in Paragraph the same law, on notification given in accordance with the provisions ofArticle 46-6, and the views of the proponent on such opinions, and,necessary for the purpose of securing appropriate consideration to enviropreservation in a relevant project relating to the said writterecommendations to the proponent on the items of environmental imprelevant project, survey, prediction and assessment methods only withinspecified in the Ordinance of the Ministry of Economy, Trade and Industrthe day of receipt of notification given in acco

unnecessary to make recommendations in accordan

34

Article 46-9. A proponent shall, when the firm received recommendatthe provisions of Paragraph 1 of the preceding Article, take account of thspecified in Paragraph 1 of Article 10 of the Environmental Impact Assaccordance with the provisions of Paragraph 1 of Article 11, and give coopinions specified in Paragraph 1 of Article 8 of the same law, in anthe firm shall

ions in accordance with e opinions

essment Law in nsideration to the

examination which make in accordance with the provisions of Paragraph 1 of Article 11 of the

same law, and in addition, make an examination with due consideration to the same

atters specified in the respective Items of Paragraph 1 of Article 14 of the Environmental Impact Assessment Law, state the contents of recommendations made in accordance with the provisions of Paragraph 1 of

Environmental Impact Statement specified in Paragraph 1 of Article

tion of the draft EIS)

ent submits the documents in accordance mental Impact Assessment Law, submit the

, in addition to

(Notification of an outline of opinions on the draft EIS, etc.) ents in

tal Impact Assessment Law, inister of

ral governor on the draft EIS)

project, specified in shall,

opinion under the ry on behalf of the

(Recommendations on the draft EIS)

Article 46-14. The Minister of Economy, Trade and Industry shall, when notification of the draft EIS has been submitted in accordance with the provisions of Article 46-11, examine the draft EIS with due regard to the opinion of a related prefectural governor specified in Paragraph 1 of Article 20 of the Environmental Impact Assessment Law and by giving consideration to an outline of opinions, specified in Paragraph 1 of Article 18 of the same law, on notification given in accordance with the provisions of Article 46-12, and the

recommendations.

(Preparation of a draft Environmental Impact Statement)

Article 46-10. A proponent shall, in addition to the m

Article 46-8, in a draft14 of the same law (hereinafter referred to as the “draft EIS”).

(Notifica

Article 46-11. A proponent shall, when the proponwith the provisions of Article 15 of the Environdraft EIS and its summary to the Minister of Economy, Trade and Industrysubmission.

Article 46-12. A special project firm shall, when the firm submits the documaccordance with the provisions of Article 19 of the Environmengive notification of the documents specified in the same Article to the MEconomy, Trade and Industry, in addition to submission.

(Opinion of a related prefectu

Article 46-13. The opinion of a related prefectural governor on a relevant Paragraph 1 of Article 20 of the Environmental Impact Assessment Law,notwithstanding the provisions of the same Paragraph, be treated as the same Paragraph submitted to the Minister of Economy, Trade and Industproject firm.

35

views of the proponent on such opinions, and, if the Minister finds it necpurpose of securing appropriate consideration to environmental preservatioproject relating to the said draft EIS, may make necessary recommendatioproponent on the environmental impact assessment in the relevant projecperiod of

essary for the n in a relevant

ns to the t only within a

time, specified in the Ordinance of the Ministry of Economy, Trade and Industry, the provisions of

The Minister of Economy, Trade and Industry shall, when the Minister makes an am graph, invite the

ental

3 nister finds it of Paragraph 1,

Industry shall, when the Minister makes recommendations pursuant to the provisions of Paragraph 1 or give notification pursuant

raph, send to the proponent a duplicate copy of the Impact Assessment

tions in accordance isions of Paragraph 1 of the preceding Article, take account of the opinions

ssment Law in sideration to the

xamination which 1 of Article 21 of the

e law, and in addition, make an examination with due consideration to the same recommendations.

ent shall, in addition to the matters specified in the respective Items of , state the contents

raph 1 of Article ct Statement d to as the

(Notification of the EIS)

Article 46-16. A proponent shall, when the firm has prepared an EIS in accordance with the provisions of Paragraph 2 of Article 21 of the Environmental Impact Assessment Law, give notification of the EIS to the Minister of Economy, Trade and Industry. The same shall apply when the proponent has changed the EIS by order given in accordance with the provisions of Paragraph 1 of the ensuing Article.

counting from the day of receipt of notification given in accordance withArticle 46-11.

2. ex ination in accordance with the provisions of the preceding Paraopinions of the Minister of Environment from the viewpoint of environmpreservation.

. The Minister of Economy, Trade and Industry shall, if the Miunnecessary to make recommendations in accordance with the provisionsgive notification to that effect without delay to the proponent.

4. The Minister of Economy, Trade and

to the provisions of the preceding Paragdocument specified in Paragraph 1 of Article 20 of the Environmental Law, in addition to such recommendations or notification.

(Preparation of a Environmental Impact Statement)

Article 46-15. A proponent shall, when the firm received recommendawith the provspecified in Paragraph 1 of Article 20 of the Environmental Impact Asseaccordance with the provisions of Paragraph 1 of Article 21, and give conopinions specified in Paragraph 1 of Article 18 of the same law, in an ethe firm shall make in accordance with the provisions of Paragraph sam

2. A proponParagraph 2 of Article 21 of the Environmental Impact Assessment Lawof recommendations made in accordance with the provisions of Parag46-8 and Paragraph 1 of the preceding Article, in an Environmental Impaspecified in Paragraph 2 of Article 21 of the same law (hereinafter referre“EIS”).

36

(Order to change)

Article 46-17. The Minister of Economy, Trade and Industry may, if the Miparticularly necessary and appropriate for the purpose of ensuring propeenvironmental preservation in a relevant project relating to the EIS nowith the provisions of the preceding Article, order the proponent to changsuch notification within such a reasonable time limit as the Minister sets, onl

nister finds it r consideration to

tified in accordance e the EIS under

y within a period of time, specified in the Ordinance of the Ministry of Economy, Trade and Industry,

ovisions of the

2. The Minister of Economy, Trade and Industry shall, if the Minister finds it issue orders in accordance with the provisions of the preceding Paragraph,

f the EIS)

Minister has the preceding Minister of

oponent shall, when the firm has received notification in accordance with the provisions of Paragraph 2 of the preceding Article, forthwith send to related prefectural

in Article 15 of the Environmental Impact d a document Paragraph 1 of the

ion of Article 27 of the Environmental Impact Assessment Law to a proponent, “sent or given notification in accordance with the provisions of Paragraph

all read “received notification in accordance with the ustry Law”; “EIS” , its summary and

tion, its summary, and he provisions of

(Consideration to environmental preservation)

Article 46-20. A proponent firm shall carry out a relevant project with proper consideration to environmental preservation in accordance with the provisions of Paragraph 1 of Article 38 of the Environmental Impact Assessment Law and, at the same time, maintain and operate power facilities for business use relating to such relecant project after giving proper consideration to environmental preservation as prescribed by the EIS under notification given in accordance with the provisions of Paragraph 2 of Article 46-17.

counting from the day of receipt of notification in accordance with the prsame Article.

unnecessary togive notification to that effect without delay to the proponent.

(Sending o

Article 46-18. The Minister of Economy, Trade and Industry shall, when thegiven notification in accordance with the provisions of Paragraph 2 of Article, send a duplicate copy of the EIS under such notification to theEnvironment.

2. A pr

governors and municipality majors specifiedAssessment Law the EIS under such notification, a summary thereof, anstating the contents of orders given in accordance with the provisions of preceding Article.

(Public announcement and public inspection of the EIS)

Article 46-19. In the applicat

3 of Article 25” in the same Article shprovisions of Paragraph 2 of Article 46-17 of the Electricity Utilities Indin the same Article shall read “the EIS under such notification”; “the EISa document under Article 24” shall read “the EIS under such notificaa document stating the contents of orders given in accordance with tParagraph 1 of the same Article.”

37

(Technical reading in the application of the Environmental Impact Assess

Article 46-21. Besides the provisions of this Subsection, technical reading inof the provisions of the Environmental

ment Law, etc.)

the application Impact Assessment Law to a proponent and other

particulars necessary for the application of the provisions of the same law to the proponent shall be specified in the Government Ordinance.

Article 46-22. The provisions of Articles 22 to 26 and Articles 33 to 37 of the Environmental Impact will be carried out by a propon

ection

hange power facilities for conomy, Trade and Industry

e approval on the Industry; provided,

porary work to be damaged or

a disaster or other emergency has occurred.

proved under the inister of

Industry; provided, however, that this shall not apply in the case inance of the

M

proval mentioned i k plan subject to t in the preceding two Paragraphs satisfies each Item of

( hat they do not conform nance of the Ministry of

9;

( lectricity industry, r the purpose of

securing a smooth supply of electricity;

(3) the work plan pertaining to a special project is made out in accordance with the statement of assessment for such special project under notification given in accordance with the provisions of Paragraph 2 of Article 46-17; and

(4) in the work plan relating to the type 2 project (excluding a special project) specified in Paragraph 3 of Article 2 of the Environmental Impact Assessment Law, a measure specified in Item (2) of Paragraph 3 of Article 4 of the same law (including cases where the provisions of this Item apply with necessary modifications in Paragraph 4

(Exemption from the Environmental Impact Assessment Law)

Assessment Law shall not apply to a relevant project thatent.

Subsection 3. Plan for Construction Work and Insp(Plan for construction work)

Article 47. A firm which intends to carry out a project to install or cbusiness use, prescribed by the Ordinance of the Ministry of Eas a particularly important project to secure public safety, shall obtain thplan for the said works from the Minister of Economy, Trade and however, that this shall not apply in the case of any of inevitable temaccomplished when power facilities for business use have been lost, demolished or when an accident,

2. A firm which intends to change such work plan as has been approvision of the preceding Paragraph, shall obtain the approval of the MEconomy, Trade andwhere the said changes are such minor ones as are stipulated by the Ord

inistry of Economy, Trade and Industry.

3. The Minister of Economy, Trade and Industry shall give the apn the preceding two Paragraphs if the Minister recognizes that the worhe Minister’s approval mentioned

requirements stated below: 1) the said power facilities for business use are not such ones t

to the technological standards established by the OrdiEconomy, Trade and Industry mentioned in Paragraph 1 of Article 3

2) where power facilities for business use are used for the general esuch power facilities for business use are technically appropriate fo

38

of the same Article and Paragraph 2 of Article 29 of the same law)

4. In the case of the proviso of Paragraph 1 of this Article, the firm whicpow

has been taken.

h installs er facilities for business use shall, following commencement of the said construction

Industry a report to that

which has ollowing the said

e or alteration of the work plan, submit without delay to the Minister of Economy, Trade and Industry a report on the revised work plan; provided, however, that this shall not

, Trade and

siness use which dustry

of Economy, Trade and Industry in Paragraph 1 of the preceding Article) shall submit to the Minister of

tends to change an of such work shall also submit to the Minister of Economy, Trade and Industry the

e of the Ministry

ragraph shall not start the work as notified in the work plan before 30 days elapse after the report is

inister recognizes t ph 1 is valid in terms of t orten the period of suspension prescribed

receding Article;

eans of ities for business

technologically necessary and apposite for securing

inister recognizes is not satisfactory the firm which

submitted the notification to modify or abort such a plan, provided that the Minister issues such order only within 30 days (if a period of time specified in Paragraph 2 has been extended in accordance with the provisions of the ensuing Paragraph, the extended period of time) after acceptance of the report.

5. The Minister of Economy, Trade and Industry may extend a period of time specified in Paragraph 2 to such a period of time as the Minister deems reasonable if the Minister finds that there exists good reason to believe that it will take a considerable time to make an examination of the plan of the work notified in accordance with the provisions of Paragraph 1 to check whether it satisfies the requirements set forth in the respective

work, submit without delay to the Minister of Economy, Trade and effect.

5. In the case of the proviso of Paragraph 2 of this Article, the firm obtained the approval specified in the preceding Paragraph 1 shall, fchang

apply in the case specified by the Ordinance of the Ministry of EconomyIndustry.

Article 48. A firm which intends to install or change power facilities for buare prescribed by the Ordinance of the Ministry of Economy, Trade and In(excluding the work or change specified in the Ordinance of the Ministry

Economy, Trade and Industry the plan of such work. The firm which inthe plrevised work plan (excluding the minor change specified in the Ordinancof Economy, Trade and Industry).

2. The firm which notified under the provision of the preceding Pa

accepted. 3. The Minister of Economy, Trade and Industry may, when the M

hat the plan of the work as notified under the provision in Paragrahe provisions in each Item of this Paragraph, sh

in the preceding Paragraph:

(1) requirements set forth in the respective Items of Paragraph 3 of the p

(2) as to the power facilities for business use for power generation by mhydroelectric power as the prime motive power, the said power faciluse are such that they areefficient use of the hydroelectric power for generation.

4. The Minister of Economy, Trade and Industry may, when the Mthat the plan of the work as notified under the provision of Paragraph 1, in terms of the provisions in each Item of the preceding Paragraph, order

39

Items of Paragraph 3, so that such examination will not end within the saIn this case, the Minister of Economy, Trade and Industry shall notify the

id period of time. said extended

period of time and the reason for extension of the period without delay to a firm which has submitted such notification.

ed, changed or r the power

as been submitted luding those on

ame Article has raph 4 of the same

Ministry of re public safety

hall not be used unless and until the facilities have undergone and successfully passed an inspection

e with the onomy, Trade and Industry; provided, however, that this

does not apply if the use of such power facilities for business use before inspections is rade and Industry.

h power facilities for b below shall be t( nce with the

ch minor alterations as and Industry

ve been approved ticle 47, or the said works have been

provision of at have undergone

e Ministry of Economy, );

t conform to the istry of Economy,

ard to the inspection specified in Paragraph 1, commission the Japan Nuclear Energy Safety Organization, an incorporated administrative agency (hereinafter referred to as the “Organization”) to perform some of the clerical works related to inspections designed to check whether power facilities for special projects for power generation by means of nuclear power as the prime motive power which are specified in the Ordinance of the Ministry of Economy, Trade and Industry meet all the requirements set forth in the Items of the preceding Paragraph in accordance with the Ordinance of the Ministry of Economy, Trade and Industry.

4. When the Organization has performed some of the clerical works related to inspections as required by the provisions of the preceding Paragraph, it shall give

(Preoperation inspection)

Article 49. The power facilities for business use which have been installaltered with the approval mentioned in Paragraph 1 or 2 of Article 47, ofacilities which have been installed, changed or altered after the plan hpursuant to the provisions of Paragraph 1 of the preceding Article (excwhich the work plan prescribed by the provisions of Paragraph 1 of the snot yet been submitted when the order under the provisions of ParagArticle has been given) and which are designated by the Ordinance of the Economy, Trade and Industry as particularly important facilities to secu(referred to as the “power facilities for special projects” in Paragraph 3) s

conducted by the Minister of Economy, Trade and Industry in accordancOrdinance of the Ministry of Ec

exceptionally permitted by the Ordinance of the Ministry of Economy, T

2. In the inspection mentioned in the preceding Paragraph, sucusiness use as are found to conform to each Item of requirements statedreated as having passed such inspection: 1) the said works of installation, change have been performed in accorda

work plan (including those work plans that have undergone suare prescribed by the Ordinance of the Ministry of Economy, Trade mentioned in the proviso of Paragraph 1 or 2 of Article 47) that haunder the provisions of Paragraph 1 or 2 of Arperformed in accordance with the work plan submitted under the Paragraph 1 of the preceding Article (including those work plans thsuch minor alterations as are prescribed by the Ordinance of thTrade and Industry mentioned in the latter part of the same Paragraph

(2) the said power facilities for business use are not such that they do notechnological standards established by the Ordinance of the MinTrade and Industry mentioned in Paragraph 1 of Article 39.

3. The Minister of Economy, Trade and Industry shall, in reg

40

notification of the results to the Minister of Economy, Trade and Industry without delay in accordance with the Ordinance of the Ministry of Economy, Trade and Industry.

r recognizes it h 1 of the

for business use mentioned in the same Paragraph, subject to a time

nally passed the ns of the preceding Paragraph shall not be precluded,

regardless of the provisions of Paragraph 1 of the preceding Article, from being employed fied by the preceding Paragraph during the period of

nstallation or ragraph 1 of

provisions of en given with

e with the provisions of Paragraph f graph 1 of Article 49

d Industry), and my, Trade and Industry, shall,

spection of such p ion in accordance w .

ntioned in the preceding Paragraph (hereinafter referred to as xamine whether the said

p reunder:

( ge have been performed in accordance with the icle 48 (including those

cribed by the ned in the latter

hnological standards established by the Ordinance of the Ministry of Economy, Trade and Industry mentioned in Paragraph 1 of Article 39.

3. Firms which install power facilities for business use which are subject to preoperational voluntary inspections shall submit a system for the implementation of preoperational voluntary inspections to an examination which shall be conducted by an organization which is registered by the Minister of Economy, Trade and Industry in the case of those who install power facilities for business use which are specified in the Ordinance of the Ministry of Economy, Trade and Industry, or which shall be conducted by the Minister of Economy, Trade and Industry in the case of other firms, at a time

Article 50. The Minister of Economy, Trade and Industry may, if the Ministe

necessary to do so on completing the inspection prescribed by Paragrappreceding Article on the power facilitiestreat the power facilities as having provisionally passed the inspection, limit and a mode of employment specified thereon.

2. The power facilities for business use treated as having provisioinspection under the provisio

in accordance with the method specitime specified by the said Paragraph.

(Preoperational safety management inspection)

Article 50-2. A firm which installs power facilities for business use, whose ichange is subject to notification in accordance with the provisions of PaArticle 48 (excluding those facilities on which notification, required by theParagraph 1 of the same Article, has not been given, where orders have berespect to the work plan for such facilities in accordanc4 o the same Article, and these facilities which are mentioned in Paraas those specified in the Ordinance of the Ministry of Economy, Trade anwhich are specified in the Ordinance of the Ministry of Econobefore using such power facilities for business use, conduct a voluntary inower facilities for business use and record the results of the said inspectith the Ordinance of the Ministry of Economy, Trade and Industry

2. In inspection me“preoperational voluntary inspection”), a check shall be made to eower facilities for business use meet both requirements set forth he

1) the said works of installation and chanwork plan notified under the provisions of Paragraph 1 of Artwork plans that have undergone such minor alterations as are presOrdinance of the Ministry of Economy, Trade and Industry mentiopart of the same Paragraph);

(2) the said power facilities for business use are conforming to the tec

41

specified in the Ordinance of the Ministry of Economy, Trade and Indusreceived notification set forth in Paragraph 7, such a time as is specified in tof the Minis

try (or if they have he Ordinance

try of Economy, Trade and Industry according to the results of the past such notification

be conducted on the implementation of preoperational voluntary inspection, an

the Ordinance of the safety of power

onomy, Trade and Industry as set forth under Paragraph 3 shall, when it has conducted an examination under

ay to the Minister of he Ministry of

6. The Minister of Economy, Trade and Industry shall, based on the results of an notified in

e preceding Paragraph), make a comprehensive assessment on a system for the implementation of preoperational voluntary inspection being maintained by a firm which installs the said power facilities for business use.

results of an ragraph to the

ration (hereinafter el element”) shall not be put to use unless it has undergone and passed

ach stage of the work of p istry of Economy, Trade and Industry;

his Article and in t e Ministry of Economy, Trade and Industry.

2 graph, the fuel nforms to each Item of

previously approved by the Minister of Economy, Trade and Industry;

(2) the fuel element conforms to the technological standards established by the Ordinance of the Ministry of Economy, Trade and Industry.

3. The imported fuel element shall not be put to use unless it has undergone the inspection by the Minister of Economy, Trade and Industry and has passed it.

4. In the case of the inspection mentioned in the preceding Paragraph, the said fuel element shall be treated as having passed the inspection if the said fuel element is found to conform to the technological standards established by the Ordinance of the Ministry of

assessment in preoperational voluntary inspections with regard to which has been given).

4. An examination mentioned under the preceding Paragraph shallan organization for inspection method, process control and other particulars specified inMinistry of Economy, Trade and Industry, for the purpose of securing thefacilities for business use.

5. An organization which is registered by the Minister of Ec

the same Paragraph, notify the results of such examination without delEconomy, Trade and Industry in accordance with the Ordinance of tEconomy, Trade and Industry.

examination under Paragraph 3 (including the results of an examinationaccordance with the provisions of th

7. The Minister of Economy, Trade and Industry shall notify the examination under Paragraph 3 and an assessment under the preceding Pafirm which has undergone such examination.

(Fuel element inspection)

Article 51. The nuclear fuel material as fuel for a reactor for power genereferred to as the “futhe inspection by the Minister of Economy, Trade and Industry at erocessing prescribed by the Ordinance of the Min

provided, however, that this shall not apply in the case of Paragraph 3 of the case prescribed by the Ordinance of th

. In the case of the inspection mentioned in the preceding Paraelement shall be treated as having passed the inspection if it corequirements stated below:

(1) the fuel element has been processed in accordance with the design

42

Economy, Trade and Industry mentioned in Item (2) of Paragraph 2 of thi

5. The Minister of Economy, Trade and Industry shall commissio

s Article.

n the Organization p er Paragraphs 1

de and Industry.

lerical works related preceding Paragraph, notify the results without delay to

the Minister of Economy, Trade and Industry in accordance with the Ordinance of the Industry.

es and other by the

referred to as the ower than that

ry (hereinafter s to be referred to h are containers

cified by the ferred to as the

s to be referred to rs whose

lers and others to be r the welded

hich have been imported (these containers and others to be referred ll, prior to use

nd maintain a ce with the Ordinance of the Ministry of Economy,

Trade and Industry. However, this does not apply if the use of such power facilities f the Ministry of

r referred to n conformity with

my, Trade and

tor inspections shall o an examination

which shall be conducted by the Organization in the case of those who install the special boilers and others for power generation with nuclear energy as prime motive power or the imported special boilers and others which are specified in the Ordinance of the Ministry of Economy, Trade and Industry, or who install the imported special containers and others which are specified in the Ordinance of the Ministry of Economy, Trade and Industry, or which shall be conducted by the Minister of Economy, Trade and Industry in the case of other firms, at a time specified in the Ordinance of the Ministry of Economy, Trade and Industry (or if they have received notification set forth in Paragraph 7 of Article 50-2, which shall apply with necessary modifications in Paragraph 5, such a time as is specified

to erform some of the clerical works related to inspections specified undand 3 in accordance with the Ordinance of the Ministry of Economy, Tra

6. The Organization shall, when it has conducted some of the cto inspections as specified by the

Ministry of Economy, Trade and

(Welding safety management inspections)

Article 52. A firm which installs power facilities which are boilers, turbinmachines, equipment or apparatuses for generation of electricity specified Ordinance of the Ministry of Economy, Trade and Industry (hereinafter“boilers and others”) and whose parts to be subjected to a pressure not lspecified by the Ordinance of the Ministry of Economy, Trade and Industreferred to as the “pressure parts”) will be welded (these power facilitiein Paragraph 3 as the “special boilers and others”), power facilities whicfor power reactors and other machines, equipment or apparatuses speOrdinance of the Ministry of Economy, Trade and Industry (hereinafter re“containers and others”) and which will be welded (these power facilitiein Paragraph 3 as the “special containers and others”), the boilers and othepressure parts were welded and which have been imported (these boireferred to in Paragraph 3 as the “imported special boilers and others”), ocontainers and others wto in Paragraph 3 as the “imported special containers and others”) shathereof, conduct operator inspections of the said power facilities and keep arecord of the results thereof in accordan

before operator inspections is exceptionally permitted by the Ordinance oEconomy, Trade and Industry.

2. The inspections specified in the preceding Paragraph (hereinafte“welding operator inspections”) shall confirm that the said welding is ithe technical standards specified in the Ordinance of the Ministry of EconoIndustry as set forth in Paragraph 1 of Article 39.

3. Firms which install power facilities subject to welding operasubmit a system for the implementation of welding operator inspections t

43

in the Ordinance of the Ministry of Economy, Trade and Industryof the past assessmen

according to the results t in welding operator inspections with regard to which such

l check an organization ons, an inspection method,

inistry of lities.

pply to the examination an organization

t forth under rticle shall read “the Organization or an

organization which is registered by the Minister of Economy, Trade and Industry as set ilities for business use” in Paragraph 6 of

n shall submit to but without delay,

e use of the said power facilities for self-generation; provided, however, that this shall apply in neither the case of the use of the power facilities for

ubject to the approval under the provisions of Paragraph 1 of Article 47 or graph 4 of Article

nce of the Ministry of

fer to boilers, ified in the

se of particular public safety and which contain parts which come under pressure

inistry of Economy, ations thereof

e and Industry; to be conducted by

ified in the Ordinance of the Ministry of Economy, Trade and Industry; provided, however, that this does not apply where it is otherwise specified in the Ordinance of the Ministry of Economy, Trade and Industry.

2. The Minister of Economy, Trade and Industry shall, in regard to inspections specified under the preceding Paragraph, commission the Organization to perform some of the clerical works related to inspections of special important power facilities for power generation by means of nuclear power as the prime motive power which are specified by the Ordinance of the Ministry of Economy, Trade and Industry in accordance with the Ordinance of the Ministry of Economy, Trade and Industry.

notification has been given). 4. The examination specified in the preceding Paragraph shal

responsible for the implementation of welding operator inspectiprocess control and other particulars prescribed by the Ordinance of the MEconomy, Trade and Industry in order to manage the safety of power faci

5. The provisions of Paragraphs 2 to 7 of Article 50-2 shall aspecified under Paragraph 3 with necessary modifications. In this case, “which is registered by the Minister of Economy, Trade and Industry as seParagraph 3” in Paragraph 5 of the same A

forth under Paragraph 3” and “the said power facthe same Article shall read “the said power facilities.”

(Commencement of use of power facilities for self-generation)

Article 53. A firm which intends to install power facilities for self-generatiothe Minister of Economy, Trade and Industry a report to that effect after,the commencement of th

self-generation ssubject to the submission of the report under the provisions of either Para47 or Paragraph 1 of Article 48 nor the case specified in the OrdinaEconomy, Trade and Industry.

(Periodical inspection)

Article 54. Firms which install special important power facilities (which returbines, and other power facilities for power generation which are specOrdinance of the Ministry of Economy, Trade and Industry as thoimportance for securinghigher than such pressure as is prescribed by the Ordinance of the MTrade and Industry, and reactors for power generation and attached installwhich are specified in the Ordinance of the Ministry of Economy, Tradbe so understood in the ensuing Paragraph) shall undergo inspections tothe Minister of Economy, Trade and Industry at such a time as is spec

44

3. The Organization shall, when it has conducted some of the clericto inspections as specified by the preceding Paragraph, notify the resu

al works related lts without delay to

the Minister of Economy, Trade and Industry in accordance with the Ordinance of the Ministry of Economy, Trade and Industry.

ilers, turbines, and dinance of the

me under g Article, and

tached installations thereof which are specified in the understood

lities periodically ith the Ordinance of

2 referred to er facilities are in Ministry of

e 39.

lear energy nistry of Economy, lapse of a certain

to conform with ed in the

h install special d by the

an assessment of the form with the ce of the Ministry

Ordinance of the of the results of

inance of the Trade and Industry.

l operator perator inspections

se of those who y as prime motive

power which are specified in the Ordinance of the Ministry of Economy, Trade and Industry, or by an organization which is registered by the Minister of Economy, Trade and Industry in the case of those who install special power facilities for power generation other than special power facilities for power generation with nuclear energy as prime motive power which are specified in the Ordinance of the Ministry of Economy, Trade and Industry, or which shall be conducted by the Minister of Economy, Trade and Industry in the case of other firms, at a time specified in the Ordinance of the Ministry of Economy, Trade and Industry (or if they have received notification set forth in Paragraph 7 of Article 50-2, which shall apply with necessary modifications in Paragraph 6, such a time as is

(Periodical safety management inspection)

Article 55. Firms which install special power facilities (which refer to boother power facilities for power generation which are specified in the OrMinistry of Economy, Trade and Industry and which contain parts which copressure higher than the pressure specified in Paragraph 1 of the precedinreactors for power generation and atOrdinance of the Ministry of Economy, Trade and Industry; to be sohereinafter) shall conduct operator inspections of such special power faciand keep and maintain a record of the results thereof in accordance wthe Ministry of Economy, Trade and Industry.

. The inspection specified in the preceding Paragraph (hereinafter“periodical operator inspections”) shall confirm that the said special powconformity with the technical standards specified in the Ordinance of the Economy, Trade and Industry as set forth in Paragraph 1 of Articl

3. With respect to special power facilities for power generation with nucas prime motive power which are specified in the Ordinance of the MiTrade and Industry, if periodical operator inspections find that after theperiod of time, any portion of such special power facilities is likely to failthe technical standards under Paragraph 1 of Article 39 which are specifiOrdinance of the Ministry of Economy, Trade and Industry, firms whicpower facilities subject to periodical operator inspections shall, as requireOrdinance of the Ministry of Economy, Trade and Industry, make said facilities in regard to the time that such portion is likely to fail to contechnical standards under the same Paragraph as specified in the Ordinanof Economy, Trade and Industry, and other particulars prescribed by theMinistry of Economy, Trade and Industry, register and maintain a record the assessment, and make a report on the particulars prescribed by the OrdMinistry of Economy, Trade and Industry to the Minister of Economy,

4. Firms which install special power facilities subject to periodicainspections shall submit a system for the implementation of periodical oto an examination which shall be conducted by the Organization in the cainstall special power facilities for power generation with nuclear energ

45

specified in the Ordinance of the Ministry of Economy, Trade and Industhe results of the past

try according to assessment in periodical operator inspections with regard to which

k an organization inspection

of the Ministry ial power facilities.

pply to the examination an organization

t forth under hall read “the Organization or an

organization which is registered by the Minister of Economy, Trade and Industry as set forth under Paragrap acilities for business use” in Paragraph 6 of the same Article shall read “the said special power facilities.”

business use)

ness use becomes amation or a split-off (including and limited to a split-off

ssor or the uridical person who

rson who has siness use in consequence of the split-off shall

succeed to the standing of the said firm which installs power facilities for business use as set forth in the provisions of this Law.

2. A firm which has succeeded to the standing of the said firm which installs power facilities for business use in accordance with the provisions of the preceding Paragraph shall give notification to that effect without delay to the Minister of Economy, Trade and Industry, along with a document certifying the fact.

such notice has been given). 5. The examination specified in the preceding Paragraph shall chec

responsible for the implementation of periodical operator inspections, anmethod, process control and other particulars prescribed by the Ordinance of Economy, Trade and Industry in order to manage the safety of spec

6. The provisions of Paragraphs 5 to 7 of Article 50-2 shall aspecified in Paragraph 4 with necessary modifications. In this case, “which is registered by the Minister of Economy, Trade and Industry as seParagraph 3” in Paragraph 5 of the same Article s

h 4” and “the said power f

Subsection 4. Succession

(Succession of the standing of a firm which installs power facilities for

Article 55-2. In the event that a firm which installs power facilities for busiinvolved in succession, amalginvolving succession of such power facilities for business use), the succejuridical person who continues to exist after the amalgamation, or the jhas been created in consequence of the amalgamation, or the juridical pesucceeded the said power facilities for bu

46

Section 3. Power Facilities for General Use

nister finds that logical standards

ished by the Ordinance of the Ministry of Economy, Trade and Industry, either order epair, to remodel

r suspend or restrict

2. The provisions of Paragraph 2 (excluding Items 3 and 4) of Article 39 shall apply o the Ordinance of the Ministry of Economy, Trade and

wer facilities for following

for in the whether the said

power facilities for general use conform to the technological standards established by the aragraph 1 of

ase where the eral use cannot be

or general use

lectricity supplier shall, if it finds any inconformity in the power facilities for ne f the Ministry of

g Article as a result ve a notification

for general use as to the e said

technological standards and as to the consequence liable to ensure if such measure is not

electricity supplier does nor send the notification

estigation or of the said notification is not appropriate, order the said supplier to conduct the said investigation or to give the said notification or to improve the said method of investigation or of notification.

4. An electricity supplier shall provide a book and shall enter in the said book such matters as are prescribed by the Ordinance of the Ministry of Economy, Trade and Industry regarding the operations concerning both the investigation prescribed by Paragraph 1 and the notification prescribed by Paragraph 2 of this Article.

5. The book prescribed by the preceding Paragraph shall be preserved as provided

(Order to conform to technological standards)

Article 56. The Minister of Economy, Trade and Industry may, when the Miany of the power facilities for general use does not conform to the technoestablthe owner or the possessor of the said power facilities for general use to ror to remove them so as to make it conform to the said technological otheir use.

with necessary modifications tIndustry mentioned in the preceding Paragraph.

(Obligation of conducting investigation)

Article 57. A firm which undertakes supply of electricity consumed by pogeneral use (to be referred to as “an electricity supplier” in this Article, theArticle and Article 89 hereafter) shall conduct investigation, as providedOrdinance of the Ministry of Economy, Trade and Industry, to ascertain

Ordinance of the Ministry of Economy, Trade and Industry mentioned in Pthe preceding Article; provided, however, that this shall not apply in the cpermission of the owner or the possessor of the power facilities for genobtained permission for entering the place where the said power facilities fare installed.

2. An ege ral use to the technological standards established by the Ordinance oEconomy, Trade and Industry mentioned in Paragraph 1 of the precedinof the investigation under the provisions of the preceding Paragraph, giwithout delay to the owner or the possessor of the power facilitiesmeasure for making the said power facilities for general use conform to th

taken accordingly.

3. The Minister of Economy, Trade and Industry may, if theneither conduct the investigation prescribed in Paragraph 1 prescribed by the preceding Paragraph or else the method of the said inv

47

for in the Ordinance of the Ministry of Economy, Trade and Industry.

ered by the he “registered

r facilities pplier are in

rdinance of the 6, and if the

use are found not in conformity f such power

form to the said e such measures

2 ation operations to eceding

Industry a report e case where the contract that covers the said

entrustment has ceased to be effective.

3. The provisions of Paragraph 1 of the preceding Article shall not, so long as the electricity supplier has entrusted the investigation operations to the registered investigation agency prescribed by Paragraph 1 of this Article, apply to the power facilities for general use covered by the contract for the said entrustment.

(Entrustment of investigation operations)

Article 57-2. An electricity supplier may entrust an agency which is registMinister of Economy, Trade and Industry (hereinafter referred to as tinvestigation agency”) to carry out an investigation as to whether or not powefor general use which are to use electricity supplied by the electricity suconformity with such technological standards as are specified in the OMinistry of Economy, Trade and Industry under Paragraph 1 of Article 5investigation finds that such power facilities for generalwith the said technological standards, to inform the owner or possessor ofacilities for general use of measures to be taken to make them contechnological standards and the possible consequences of a failure to tak(these jobs hereinafter to be referred to as “investigation operations”).

. An electricity supplier shall, when it has entrusted the investigany of the designated investigation agencies under the provisions of the prParagraph, submit without delay to the Minister of Economy, Trade andto that effect. The same shall apply in th

48

CHAPTER IV. USE OF LAND AND OTHERS

voidable to use said land

rposes stated below, hinder the

e of the use of the ctures such use shall exclusively be for supporting the power line

operation of the said p after referred to as the “

( ot for either storing materials or parking motor vehicles or dumping d for stringing

ays, necessary for performing engineering

nt of natural

ies necessary for

2 arily use other ph, obtain the

ases where such use is to be made temporarily for a gency like natural

application for the Paragraph, notify the owner and the

an opportunity for

4 temporarily use Article, notify in

however, that if the possessor in advance, it shall suffice to notify the

possessor without delay after the commencement of such use.

5. The electricity industry utility shall, in case the land and others that the firm intends to use temporarily under the provisions of Paragraph 1 of this Article are being used for residential purposes, obtain consent of the resident thereof.

6. The period of temporary use mentioned in Paragraph 1 of this Article shall not exceed six months (one year in both the cases of a temporary erection of power lines under the provisions of Item (2) of Paragraph 1 or of a temporary use made under the provisions of Item (3) of Paragraph 1 of this Article).

(Temporary use)

Article 58. The electricity industry utility may, when it is necessary and unaother people’s land or the building or other structure firmly affixed to the(hereinafter inclusively referred to as the “ land and others”) for the puuse temporarily such land and others so far as such use does not seriouslyutilization of the said land and others; provided, however, that in the casbuilding or other stru(inclusive of the communication lines necessary for maintenance and

ower line) or other equipment or facilities attached thereto (herein power lines” inclusively):

1) to provide a learth and rock or using it as a work yard or for erecting a scaffoloverhead power lines or aerial cable-wworks concerning the power lines employed for conducting the said business of the electricity industry;

(2) to erect an power line for an urgent supply of electricity in the evecalamity or accidents of other case of emergency;

(3) to place a survey marker for constructing or installing power facilitconducting business of the electricity industry.

. The electricity industry utility shall, in case it intends to temporpeople’s land and others under the provisions of the preceding Paragrapermission of the Minister of Economy, Trade and Industry for such use; provided, however, that this shall not apply in cperiod of 15 days or shorter in case of occurrence of such state of emercalamities, accidents, etc.

3. The Minister of Economy, Trade and Industry shall, upon the Minister’s permission mentioned in the precedingpossessor of the said land and others to that effect and shall give thempresenting written statements of their opinions.

. The electricity industry utility shall, when the firm intends to other people’s land and others under the provisions of Paragraph 1 of this advance the possessor of the said land and others to that effect; provided,there is any difficulty in notifying

49

7. A firm which enters other people’s land and others for the tempounder the provisions of Paragraph 1 of this Article shall have with it a dothat it has obtained the permission mentioned in Paragraph 2 of this

rary use of them cument certifying

Article, and shall produce the document whenever requested by any of interested parties to do so; provided, however, that this shall not apply in the case of the proviso of the same Paragraph.

e g a survey or an dustry, enters

with the permission of the Minister of Economy, Trade and Industry.

2 ly with necessary ioned in the preceding

Paragraph has been made. The provisions of Paragraphs 4, 5 and 7 of the preceding Article shall apply with

necessary modifications in the case where the electricity industry utility enters other

g work on the yed for conducting business of the electricity industry or for maintaining

over other people’s land under the provisions of the preceding Paragraph shall have with it a certificate evidencing its status,

te whenever requested by any of interested parties to do so.

y with y passes over other

ees or other plants)

e r plant is giving, ness of the

ey or with an on-site investigation to be conducted either with regard to the power facilities to be used for the electricity industry or with regard to a work to be performed on the power line employed for conducting business of the electricity industry, fell or transplant the said tree or other plant, if it is unavoidable to do so, upon obtaining the permission of the Minister of Economy, Trade and Industry.

2. An electricity industry utility shall, when it intends to fell or transplant a tree or other plant under the provisions of the preceding Paragraph, notify in advance the owner of the said tree or other plant; provided, however, that if there is difficulty in notifying thereof in advance, it shall suffice to notify the said owner without delay after such felling

(Entry)

Articl 59. An electricity industry utility may, when necessary for conductinon-site investigation of the power facilities to be used for the electricity inother people’s land

. The provisions of Paragraph 3 of the preceding Article shall appmodifications in the case where application for the permission ment

3.

people’s land under the provisions of Paragraph 1 of this Article.

(Passage)

Article 60. An electricity industry utility may, when necessary for performinpower line emplothe said power line, pass over other people’s land.

2. An electricity industry utility which passes

and shall produce the said certifica

3. The provisions of both the Paragraphs 4 and 5 of Article 58 shall applnecessary modifications in the case where the electricity industry utilitpeople’s land under the provisions of Paragraph 1 of this Article.

(Felling or transplanting tr

Articl 61. An electricity industry utility may, in cases where a tree or otheor is liable to give, harm to an power line employed for conducting busielectricity industry or where a tree or other plant is interfering with a surv

50

or transplanting has been effected.

3. An electricity industry utility may, in cases where a tree or otheharm to an power line employed for conducting business of the electriciwhere it is recognized that there is apprehension that such harm ifto give substantial damage to the power lines and thereby seriously impedelectricity, or cause hazards such as fire and others to disturb public safety, ftransplant the said tree or other plant without obtaining the said permissioof Economy, Trade and Industry regardl

r plant is giving ty industry and

left unattended is liable e the supply of

ell or n of the Minister

ess of the provisions of Paragraph 1 of this Article. er of Economy, Trade and

ut without delay, felling or transplanting.

4. The provisions of Paragraph 3 of Article 58 shall apply with necessary he case where the application for the permission mentioned in Paragraph

ed a loss to other id other people’s

under the provisions of Paragraph 1 of Article 58, or because it has entered the said other people’s land under the provisions of Paragraph 1 of Article 59, or because it

raph 1 of Article e provisions of son for such loss

e preceding Article, loss either cannot

n, either the electricity an application for

d and others or a place where such land or a tree or other plant causing interference is located.

hs 2, 3 and 4 of Article 32 and of Article 33 shall the preceding

d Industry” in governor.”

3. In the ruling to the effect that the compensation should be made, there shall be specified the amount, the time and the method of payment of the said compensation.

(Obligation of restoring the original condition)

Article 64. An electricity industry utility shall, when it has finished the temporary use of the land and others under the provision of Paragraph 1 of Article 58, return the said land and others to their owner or owners after restoring the said land and others to their original condition or, if the original condition is not restored, return the said land and others after

In these cases, the said firm shall submit the report to the MinistIndustry and notify the owner of the said tree or plant to that effect after, bhaving effected the said

modifications in t1 of this Article has been made.

(Compensation for loss)

Article 62. An electricity industry utility shall, when there has been causperson because the electricity industry utility has temporarily used the saland and others

has passed over the said other people’s land under the provisions of Parag60, or because it has felled or transplanted a tree or other plant under theither Paragraph 1 or 3 of the preceding Article, compensate the said perthat normally entails.

Article 63. Regarding compensation for the loss under the provisions of thif the electricity industry utility and the person who has sustained the enter into the negotiation or have failed to conclude the negotiatioindustry utility or the person that has sustained the said loss, may makea ruling to a prefectural governor who has jurisdiction over such lan

2. The provisions of Paragrapapply with necessary modifications in the case of the ruling mentioned inParagraph. In this case, the words “the Minister of Economy, Trade anParagraphs 2 and 3 of Article 32 shall read “the competent prefectural

51

compensating the owner for the loss that may normally accrue from non-restoration to their original condition.

n necessary to ctricity industry or

or public use, or so far as such use does not

impair their utility.

tility or wholesale .

n to grant the t of the said rent

id administrator is not fair and proper, the competent Minister (who refers s, ditches, rivers,

raph) may grant y utility or

ng three Paragraphs shall apply neither to the road he boundary of the

a d by Paragraph 1 of Article 18 of the s to the said road.

ter of Economy, T

( the amount of

( o occupy and use d into the road or oad, all as specified

onducting the electricity e competent Minister intends either to effect

a ruling on the request for reinvestigation of, or to give a decision on the objection under the provisions of Paragraph 1 of Article 39 of the

he Road Law where t to be collected by

the administrator of the said road or imposing conditions, under the provisions of Paragraph 1 of Article 87 of the Road Law (inclusive of the case of Paragraph 2 of Article 91 of the Road Law where the said provisions apply with necessary modifications), on the permission or on the approval.

(Application with necessary modifications)

Article 66. The provisions in Paragraph 3 of Article 61, and provisions in Article 62 and Article 63 shall apply with necessary modifications to the firm which installs power

(Use of public land)

Article 65. The electricity industry utility or wholesale supplier may, wheconstruct the power line employed for conducting businesses of the eleof wholesale supply on a road, bridge, ditch, river, bank or else on a land fuse them with the permission of the competent administrat

2. In the case of the preceding Paragraph, the electricity industry usupplier shall pay the rent as fixed by the said administrator for such use

3. In case the said administrator refuses without a justifiable reasopermission mentioned in Paragraph 1 of this Article, or in case the amounfixed by the sato the Minister who has control over the administration of roads, bridgebanks or else on a land for public utilization mentioned in the same Paragthe permission to use or fix the rent upon application from the electricity industrwholesale supplier.

4. The provisions of the precedispecified by the Road Law (Law No. 180, 1952) nor to the land within trea that is to be developed into the road specifie

same Law nor to the things set up on the said land as to be the accessorie

5. The competent Minister shall consult in advance with the Minisrade and Industry in the cases specified below:

1) when the competent Minister intends either to permit the use or to fixrent under the provisions of Paragraph 3 of this Article.

2) in case the electricity industry utility or wholesale supplier intends tthe road or the land within the boundary of an area to be developethe thing set up on the said land so as to be accessory to the said rby the preceding Paragraph, for erecting its power line for cindustry or wholesale supply and when th

raised against, either fixing, Road Law (inclusive of the case of Paragraph 2 of Article 91 of tthe said provisions apply with necessary modifications), the ren

52

facilities for self-generation. In the application, “give substantial damalines and thereby seriously impede the supply of electricity, or cause ha

ge to the power zards such as fire

and others to disturb public safety” stated in Paragraph 3 of Article 61 shall read “cause fire or other disasters, thus disturbing the public safety.”

53

CHAPTER GEMENT ATED

EXAMINATION AGENCY, AND REGISTERED INVESTIGATION AGENCY

ction 1. Registered Safety Management Examination Agency

rticle 52 or lication from firms who

rsuant to the provisions of the Ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to collectively as

g to the following categories of examination ination category or categories”):

(1) the examination under Paragraph 3 of Article 50-2;

(Dis

Arti n who falls under one of the following categories shall be disqualified for r Paragraph 4 of

A

(1) a person who breached this Law or any of the provisions of an order issued under this not for two years

r he/she was relieved of his/her sentence;

(2) a person whose registration was canceled in accordance with the provisions of Article er registration

ess operations who h in the preceding two Items.

(Registration standards)

Article 69. The Minister of Economy, Trade and Industry shall grant registration if a person who applies for registration in accordance with the provisions of Article 67 (to be referred in this Paragraph as the “registration applicant”) meets all of the requirements set forth hereunder. In this case, the procedures necessary for registration shall be prescribed by the Ordinance of the Ministry of Economy, Trade and Industry:

(1) A person who falls under one of the requirements described hereunder shall carry out

V. REGISTERED SAFETY MANAEXAMINATION AGENCY, DESIGN

Se

(Registration)

Article 67. Registration under Paragraph 3 of Article 50-2, Paragraph 3 of AParagraph 4 of Article 55 shall be made in response to an appintend to conduct any of the examinations pu

“safety management examinations”) accordin(hereinafter referred to simply as the “exam

(2) the examination under Paragraph 3 of Article 52; or

(3) the examination under Paragraph 4 of Article 55.

qualification)

cle 68. A persoregistration under Paragraph 3 of Article 50-2, Paragraph 3 of Article 52 o

rticle 55:

Law, was sentenced to a fine or a heavier penalty, and who has been as yet after the day that he/she completed his/her sentence o

78 and who has not been for two years as yet after the day that his/hwas canceled; or

(3) a juridical person who has any one of officers performing its businfalls under either one of the categories set fort

54

safety management examinations and two or more such persons shall be available for

ngineering, civil g, or the course s (excluding

26 of 1947) or under perial Decree No. 388 of 1918) and who have

business affairs r facilities or

ring, civil g, or the course

colleges or technical Law, or any of the technical schools under

1 of 1903) and who al business affairs

operation of power facilities or

s in practical or operation of power

( ll power facilities ordance with the or Paragraph 4 of

Paragraph as the “persons installing power one of the following

mpany, its Article

ercial Law (Law No. 48 of 1899)) shall be a person installing

ct to employee of the person

st two years) shall cant (in the case of

ted partnership, officers with executive power to perform operations); or

(c) the registration applicant (in the case of a juridical person, representative officer) shall be an officer or employee of the person installing power facilities subject to examinations (including those who have been officers or employee of the person installing power facilities subject to examinations for the past two years).

2. Registration under Paragraph 3 of Article 50-2, Paragraph 3 of Article 52 or Paragraph 4 of Article 55 shall be made with the following particulars being entered in a registry of safety management examination agencies:

each examination category:

(a) persons who completed the prescribed course in electrical eengineering, mechanical engineering or management engineerinequivalent thereto at, and graduated from, any of the universitiejunior colleges) under the School Education Law (Law No. the old Universities Ordinance (Imbeen engaged for a total of more than two years in practicalconcerning the construction, maintenance or operation of poweconcerning safety management examinations;

(b) persons who completed the prescribed course in electrical engineeengineering, mechanical engineering or management engineerinequivalent thereto at, and graduated from, any of the junior colleges under the School Education the old Technical Schools Ordinance (Imperial Decree No. 6have been engaged for a total of more than four years in practicconcerning the construction, maintenance orconcerning safety management examinations; or

(c) persons who have been engaged for a total of more than six yearbusiness affairs concerning the construction, maintenancefacilities or concerning safety management examinations.

2) Registration applicants who are controlled by persons who instawhich shall be subjected to safety management examinations in accprovisions of Paragraph 3 of Article 50-2, Paragraph 3 of Article 52 Article 55 (to be referred to in thisfacilities subject to examinations”) shall not fall under anycategories:

(a) if the registration applicant is a corporation or limited liability coparent company (which refers to a parent company under Paragraph 1 of211-2 of the Commpower facilities subject to examinations;

(b) officers or employee of a person installing power facilities subjeexaminations (including those who have been officers or installing power facilities subject to examinations for the paaccount for more than half the officers of the registration applian unlimited partnership or a limi

55

(1) a date of registration and a registration number;

(2) name or trade name and address of a person who was registered, and the name of f the registered person is a juridical person; and

(3) an examination category.

der Paragraph 3 of Article 50-2, Paragraph 3 of Article 52 or ra h a period of time as is

e years unless it is renewed each time such period expires.

eding three Articles shall apply to the renewal of s.

e with the provisions of of Article 55

gistered safety management examination agency”) shall uested to perform

2. A registered safety management examination agency shall conduct safety management examinations fairly and by a method prescribed by the Ordinance of the

rade and Industry.

ds to conduct m (1) of Paragraph

a place of business)

o change the aminations, it

e no later than two ddress of its place of business.

(Operation rule) Article 73. A registered safety management examination agency shall formulate a rule for its

operations related to safety management examinations (to be referred to in this Section as the “operation rule”), and notify the Minister of Economy, Trade and Industry of the rule before it starts operations related to safety management examinations. The same also applies when the agency intends to change the operation rule.

2. The operation rule shall provide for a method for carrying out safety management examinations, a method for determining fees for safety management examinations and

a representative i

(Renewal of registration)

Article 70. Registration unPa graph 4 of Article 55 shall become invalid after the lapse of sucfixed in the Government Ordinance within the limit of thre

2. The provisions of the precregistration under the preceding Paragraph with necessary modification

(Obligation of safety management examination)

Articl 71. An organization which has been registered in accordance Paragraph 3 of Article 50-2, Paragraph 3 of Article 52 or Paragraph 4(hereinafter referred to as the “reconduct safety management examinations without delay when it is reqsuch examinations unless there is proper reason for a delay.

Ministry of Economy, T

3. When a registered safety management examination agency intensafety management examinations, it shall cause persons specified by Ite1 of Article 69 to carry out safety management examinations.

(Change of

Article 72. When a registered safety management examination agency intends taddress of its place of business where it conducts safety management exshall notify the Minister of Economy, Trade and Industry of the changweeks before the day that it intends to change the a

56

other particulars specified in the Ordinance of the Ministry of Economy, Trade and Industry.

tends to suspend or perations, it shall give

notification to that effect in advance to the Minister of Economy, Trade and Industry in y of Economy, Trade and Industry.

hall, within three months nce sheet, a profit report or

e documents are cally,

the human organs of perception cannot o electronic computer; to

lly recorded instead o be referred to in

nts and others”), and

luntary insp erator inspections or periodical operator inspections and other s ffice hours of a regi nation agency; provided, however, that a fee d ll be paid to mak

tements and others

ial statements

(3) if the financial statements and others are prepared in electronic records, a request for the reading or copying of the particulars recorded in the electronic records as displayed in such a human-readable manner as is specified in the Ordinance of

nistry of Economy, Trade and Industry; and

(4) a request for the provision of the particulars recorded in the electronic records under the preceding Item in such an electromagnetic manner as is specified in the Ordinance of the Ministry of Economy, Trade and Industry or for the delivery of a document containing the said particulars.

(Order for conformity)

(Suspension or discontinuance of operations)

Article 74. When a registered safety management examination agency indiscontinue all or some of the safety management examination o

accordance with the Ordinance of the Ministr

(Keeping of and access to financial statements and others)

Article 75. A registered safety management examination agency safter the end of each business year, prepare an inventory of assets, a balaand loss statement or statement of revenues and expenditures, and a salesbusiness report for the business year (including electronic records if thesprepared in electronic records [which refer to records which are electronimagnetically or otherwise prepared in a form thatrec gnize and are made available for information processing by an be so understood in this Article] or if these documents are electronicaof being prepared in the form of electronic records; these documents tthe ensuing Paragraph and Article 122-2 as the “financial statememaintain the same at its business establishment for five years.

2. Firms which install power facilities subject to preoperational voections, welding op

takeholders may make the following requests at any time during the ostered safety management exami

etermined by the registered safety management examination agency shae the request under Item (2) or (4):

(1) a request for the reading or copying of the written financial staif prepared in writing;

(2) a request for a certified or an abridged copy of the written financand others under the preceding Item;

the Mi

57

Article 76. If the Minister of Economy, Trade and Industry finds that a regimanagement examination agency is no longer in conformity with any of tthe Item

stered safety he provisions of

s of Paragraph 1 of Article 69, the Minister may order the registered safety management examination agency to take necessary steps to attain conformity with the said provisions.

istered safety rovisions of Article 71, the Minister

may order the registered safety management examination agency to carry out safety s or to take necessary steps to improve the safety management

78. The Minister of Economy, Trade and Industry may cancel the registration under Para Article 55, or orde s safety man riod of time, if one xamination agen

breach of any of the provisions of Paragraph 5 of Article 50-2 (including cases where the provisions

s in Paragraph 5 ticle 52 or in Paragraph 6 of Article 55), Article 71, Article 72, Paragraph 1

ing Article;

) of Article 68 have become ation agency;

ent examination agency refuses to comply with any of the requests made pursuant to the provisions of the Items of Paragraph 2 of Article 75;

ys an order issued

red the of Article 52 or

s.

(Bookkeeping)

Article 79. A registered safety management examination agency shall maintain books and record the particulars related to the safety management examination operations which are specified by the Ordinance of the Ministry of Economy, Trade and Industry in the books.

2. The books under the preceding Paragraph shall be kept as prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.

(Order for improvement)

Article 77. If the Minister of Economy, Trade and Industry finds that a regmanagement examination agency is in breach of the p

management examinationexamination method and other methods for conducting operations.

(Cancellation of registration, etc.)

Article graph 3 of Article 50-2, Paragraph 3 of Article 52 or Paragraph 4 ofr a registered safety management examination agency to suspend itagement examination operations wholly or in part for a prescribed peof the following Items applies to the registered safety management ecy:

(1) the registered safety management examination agency is in

of Paragraph 5 of Article 50-2 apply with necessary modificationof Arof Article 73, Article 74, Paragraph 1 of Article 75, or the ensu

(2) the conditions stipulated in Item (1) or Item (3applicable to the registered safety management examin

(3) the registered safety managem

(4) the registered safety management examination agency disobepursuant to the provisions of the preceding two Articles; or

(5) the registered safety management examination agency has securegistration under Paragraph 3 of Article 50-2, Paragraph 3Article 4 of Article 55 by illegal mean

58

(Performance of safety management examination operations by the Minister of Economy,

ally if there is no 50-2, Paragraph isions of Article

e all or some of the ovisions of Article le 50-2, Paragraph management

examination agency to suspend its safety management examination operations wholly or a registered

s safety management o so for other reasons.

2. The handing over of safety management examination operations and other necessary formalities to be followed when the Minister of Economy, Trade and Industry personally p operations wholly or in part pursuant to the provisions of the preceding Paragraph shall be provided for in the

e of the Ministry of Economy, Trade and Industry.

cy

Article 81. The designation specified in Paragraph 2 of Article 45 shall be exercised upon firm which intends to perform the examination clerical work, in accordance

nd Industry.

Economy, Trade and Industry shall not perform the designated ovided in

P

Arti on corresponding to any of the following Items shall not be designated

(1) a person who breached this Law or any of the provisions of an order issued under this Law, was sentenced to a fine or a heavier penalty, and who has been not for two years as yet after the day that he/she completed his/her sentence or he/she was relieved of his/her sentence;

(2) a person whose designation has been canceled in accordance with the provisions of Paragraph 2 of Article 87 and who has not been for two years as yet after the day of cancellation; or

(3) any one of the officers falls under either of the following categories:

Trade and Industry) Article 80. The Minister of Economy, Trade and Industry shall be authorized to person

perform the safety management examination operations wholly or in partfirm which desires to obtain the registration under Paragraph 3 of Article 3 of Article 52 or Paragraph 4 of Article 55, if in accordance with the prov74, a firm has given notification that it intends to suspend or discontinusafety management examination operations, if in accordance with the pr78, the Minister has canceled the designation under Paragraph 3 of Artic3 of Article 52 or Paragraph 4 of Article 55, or ordered a registered safety

in part, if a natural calamity or other circumstances have made it difficult forsafety management examination agency to carry out all or a part of itexamination operations, or if the Minister deems it necessary to d

erforms the safety management examination

Ordinanc

Section 2. Designated Examination Agen

(Designation)

request of awith provisions in the Ordinance of the Ministry of Economy, Trade a

2. The Minister of examination clerical work when the Minister exercises the designation pr

aragraph 2 of Article 45.

(Disqualification)

cle 82. A persunder Paragraph 2 of Article 45:

59

(a) a person corresponding to Item (1) above; or

(b) a person who has been dismissed by order issued in accordance with the provisions of Article 84-5 and who has not been for two years as yet after the date of the Minister’s dismissal.

inister of Economy, Trade and Industry shall not exercise designation and the

a itions specified in t

ork including the f performing the

l work. s for executing its

receding Item.

( r the provisions of Article 34 of the Civil Code of Japan.

(4) if the applicant is engaged in businesses other than the examination clerical work, struct applicant’s

(Exa

ination clerical rformed by the examination personnel who are responsible for the

chnique required for h (3) of

2. The designated examination agency shall select the examination personnel from o are qualified of the conditions stipulated in the Ordinance of the Ministry of

m

amination accordance with

the provisions in the Ordinance of the Ministry of Economy, Trade and Industry. The ed.

(Operation rule)

Article 84-2. A designated examination agency shall formulate a rule for its examination clerical work (to be referred to in this Section as the “operation rule”) and obtain approval for the operation rule from the Minister of Economy, Trade and Industry. The same also applies when the agency intends to change the operation rule.

2. Particulars to be provided for in the operation rule shall be prescribed by the

(Standard for designation)

Article 83. The Munless there is no other firm designated under Paragraph 2 of Article 45pplication in accordance with the same Paragraph conforms to all condhe following Items.

(1) the plan of the applicant for performing the examination clerical wpersonnel and facility possessed by the applicant, and the method owork are appropriate for proper execution of the examination clerica

(2) the applicant possesses sufficient financial and technical resourceplan for performing the examination clerical work prescribed in the p

3) the applicant is a juridical person established unde

other activities of the applicant are of such nature that they do not obfair performance of the examination clerical work.

mination personnel)

Article 84. The designated examination agency shall, in conducting the examwork, have the work peclerical work of making judgment on the level of knowledge and teacquisition of the chief engineer’s license as specified in Items (1) througParagraph 1 of Article 44.

persons whEcono y, Trade and Industry.

3. The designated examination agency shall, upon selecting the expersonnel, must report to the Minister of Economy, Trade and Industry in

report shall also be placed when the examination personnel are replac

60

Ordinance of the Ministry of Economy, Trade and Industry.

3. If the Minister of Economy, Trade and Industry finds that the approved by the Minister pu

operation rule rsuant to Paragraph 1 has become inappropriate in conducting

the examination clerical works fairly, the Minister may order a designated examination agency to amend the operation rule.

Article 84-2-2. A designated examination agency shall not suspend or discontinue a part or nation clerical works without approval of the Minister of Economy, Trade

and Industry.

beginning of each business ar t is designated under

and expenditure r of Economy, Trade and

Industry. Such approval shall also be secured in changing the plan or budget. amination agency shall, within three months after the end of

s for the business Industry.

ismissal of officers)

amination agency omy, Trade and

missal)

mination agency he operation rule, the

Minister of Economy, Trade and Industry may order the designated examination agency to ination personnel dismissed.

Article 85. An officer or an employee (including examination personnel) of the designated examination agency, or any one who once occupied such status, shall not release any confidential information which he/she obtained in the examination clerical work.

(Status of directors and employees)

Article 85-2. Officers or employees (including examination personnel) of a designated examination agency who are engaged in the examination clerical works shall be regarded

(Suspension or discontinuance of examination operations)

all of the exami

(Business plan and others)

Article 84-3. The designated examination agency shall, before theye (or without delay after designation in the business year in which iParagraph 2 of Article 45), formulate the business plan and the revenuesbudget, and have the plan and the budget approved by the Ministe

2. The designated exeach business year, prepare a business report and a statement of accountyear concerned and submit them to the Minister of Economy, Trade and

(Election and d

Article 84-4. The election and dismissal of an officer of the designated exare not effective unless such actions are approved by the Minister of EconIndustry.

(Order of dis

Article 84-5. If an officer or examination personnel of a designated exabreaches this law, provisions in the ordinances under this law, or t

have the officer or the exam

(Duty of secrecy)

61

as the personnel involved in public affairs in accordance with laws and ordinances in the application of the Criminal Law (Law No. 45 of 1907) and other penal regulations.

inister recognizes longer conforms to the each Item stipulated in

n agency to take

of Economy, Trade and Industry may, other than the order under the preceding Paragraph, issue necessary orders to the designated examination agency at the

regard to supervising the examination clerical work when the

( n

l the designation under nger conforms to

provision in Item (3) of Article 83.

nomy, Trade and Industry may cancel the designation under spend its

e f time, if one of the

( ecome applicable to the designated examination agency;

( isions of Article 84, ng Article;

( ination agency has carried out the examination clerical works without complying with the operation rule which obtained the approval under

graph 1 of Article 84-2;

pursuant to the ing Article; or

under Paragraph 2 of

(Bookkeeping)

Article 87-2. A designated examination agency shall maintain books and record the particulars related to the examination clerical works which are specified by the Ordinance of the Ministry of Economy, Trade and Industry in the books.

2. The books under the preceding Paragraph shall be kept as prescribed by the Ordinance of the Ministry of Economy, Trade and Industry.

(Order for conformity, etc.)

Article 86. The Minister of Economy, Trade and Industry may, when the Mthat the designated examination agency no Article 83 (excluding Item (3) hereafter), order the designated examinationecessary actions to make itself conform to each Item.

2. The Minister

Minister’s discretion withMinister deems it necessary.

Ca cellation of designation, etc.)

Article 87. The Minister of Economy, Trade and Industry shall canceParagraph 2 of Article 45 when the designated examination agency no lo

2. The Minister of EcoParagraph 2 of Article 45, or order a designated examination agency to suxamination clerical works wholly or in part for a prescribed period o

following cases applies to the designated examination agency:

1) the conditions stipulated in Item (1) or Item (3) of Article 82 b

2) the designated examination agency is in breach of any of the provParagraph 1 of Article 84-2, Article 84-2-2, Article 84-3 or the ensui

3) the designated exam

Para

(4) the designated examination agency disobeys an order issuedprovisions of Paragraph 3 of Article 84-2, Article 84-5 or the preced

(5) the designated examination agency has secured the designation Article 45 by illegal means.

62

(Examination by the Minister of Economy, Trade and Industry)

Article 88. When a designated examination agency has suspended all or soexamination clerical works with approval given under Article 84-2Economy, Trade and Industry has ordered the designated examination agall or some of its examination clerical works in accordance with the provParagraph 2 of Article 87 or when the Minister finds it necessary bec

me of its -2, when the Minister of

ency to suspend isions of

ause natural disaster or other circumstances make it difficult for the designated examination agency to perform

nal Trade and l works.

examination and Industry

cordance with the gency suspends

all or some of the examination clerical works with approval specified in Article 84-2-2, or when the M anceled designation of the designated e rovisions of Article 87, shall be provided for in the Ordinance of the Ministry of Economy, Trade and Industry.

cy

(Registration)

stration prescribed by Paragraph 1 of Article 57-2 shall be effected on perations

ance of the Ministry

Arti omy, Trade and Industry shall grant registration if a person w n in accordance with the provisions of the preceding Article meets all of the requirements set forth hereunder. In this case, the procedures necessary f rescribed by the Ordinance of the Ministry of Economy, Trade a

( all be performed using the following measuring

(a) insulation resistance testers;

(b) ground resistance testers;

(c) leakage current meters;

(d) alternating-current ampere meters; and

(e) alternating-current voltmeters. (2) Persons who fall under one of the following categories shall carry out investigation

operations:

all or some of its examination clerical works, the Minister of InternatioAgency shall personally conduct all or some of such examination clerica

2. The procedures and other necessary matters for handing over theclerical works, which are required when the Minister of Economy, Trade personally conducts all or some of the examination clerical works in acprovisions of the preceding Paragraph, when the designated examination a

inister of Economy, Trade and Industry has cxamination agency in accordance with the p

Section 3. Registered Investigation Agen

Article 89. The regiapplication from the firm which intends to administer the investigation ocommissioned by the electricity supplier in accordance with the Ordinof Economy, Trade and Industry.

(Registration standards)

cle 90. The Minister of Econho applies for registratio

or registration shall be pnd Industry:

1) Investigation operations shinstruments:

63

(a) persons who hold the classes of chief engineers’ licenses specified under Items

tricians specified in Paragraph 1 of Article 3 of the Electrician Law ragraph 2 of the

neering or the ersities,

nder the School r any of the universities under the old Universities Ordinance,

Ordinance, or any condary Schools Ordinance (Imperial

ith the following p

(1) a date of registration and a registration number; and

(2) name or trade name and address of a person who was registered, and the name of a representative if the registered person is a juridical person.

cy shall, when entrusted to administer the -2, conduct the ry of Economy,

, however, that this ises, in which the

btained from the owner or possessor of the said power facilities for general use.

nomy, Trade and Industry may, if the registered investigation ns under the provisions of

igation operations or ering the investigation operations is not proper or appropriate,

order the registered investigation agency to administer the said investigation operations or the method for administering the investigation operations.

(Abolition of investigation operations)

Article 92-2. The registered investigation agency shall, when it has abolished its investigation operations, submit without delay to the Minister of Economy, Trade and Industry a report to that effect.

(Operation rule)

(1) through (3) of Paragraph 1 of Article 44;

(b) class-1 elec(Law No. 139 of 1960) or class-2 electricians specified in Pasame Article; or

(c) persons who completed the prescribed course in electrical engicourse equivalent thereto at, and graduated from, any of the univtechnical colleges, senior high schools or junior high schools uEducation Law, oor any of the technical schools under the old Technical School of the vocational schools under the old SeDecree No. 36 of 1943).

2. Registration under Paragraph 1 of Article 57-2 shall be made warticulars being entered in a registry of investigation agencies:

Article 91. (Deleted)

(Obligation of investigation operations)

Article 92. The registered investigation ageninvestigation operations under the provisions of Paragraph 1 of Article 57said investigation operations as stipulated by the Ordinance of the MinistTrade and Industry mentioned in Paragraph 1 of Article 57; providedshall not apply in the case where the permission for the entry to the prempower facilities for general use are installed, cannot be o

2. The Minister of Ecoagency, when entrusted to administer the investigation operatioParagraph 1 of Article 57-2, either does not administer the said investits method for administ

to improve

64

Article 92-3. The registered investigation agency shall formulate the rule forelated to the investigation (to be referred to as the “operation rule”

r its operations hereafter), and submit

the rule to the Minister of Economy, Trade and Industry before the beginning of the ging its rule.

t investigation operations, a method for determining fees for investigation operations and other

n the Ordinance of the Ministry of Economy, Trade and Industry.

registration)

i registration u to the registered i :

( shall apply with to the registered

( son to comply any of the requests made pursuant to the provisions of the Items of Paragraph 2

in the ensuing Article;

( provisions of Paragraph h 1 of the preceding Article, or Paragraph 1 of

tion in the ensuing

(4) the registered investigation agency disobeys an order issued pursuant to the Article 92 or Article 76, which shall apply with

er Paragraph 1 of

Article 92-5. The provisions of Articles 68, 70, 75, 76 and 79 shall apply to a registered investigation agency with necessary modifications. In this case, “Article 78” in Paragraph 2 of Article 68 shall read “Article 92-4,” “firms which install power facilities subject to preoperational voluntary inspections, welding operator inspections or periodical operator inspections” in Paragraph 2 of Article 75 shall read “owners or possessors of power facilities for general use which will be investigated by a registered investigation agency,” and “the Items of Paragraph 1 of Article 69” in Article 76 shall read “the Items of Paragraph 1 of Article 90.”

investigation operations. It shall also secure such submittal in chan

2. The operation rule shall provide for a method for carrying ou

particulars specified i

(Cancellation of

Art cle 92-4. The Minister of Economy, Trade and Industry may cancel thender Paragraph 1 of Article 57-2, if one of the following Items appliesnvestigation agency

1) the conditions stipulated in Item (1) or Item (3) of Article 68, whichnecessary modifications in the ensuing Article, become applicable investigation agency;

2) the registered investigation agency refuses without any justifiable reawithof Article 75, which shall apply with necessary modification

3) the registered investigation agency is in breach of any of the1 of Article 92, Article 92-2, ParagrapArticle 75 or Article 79, which shall apply with necessary modificaArticle;

provisions of Paragraph 2 ofnecessary modification in the ensuing Article; or

(5) the registered investigation agency has secured the registration undArticle 57-2 by illegal means.

(Application with necessary modifications)

65

CHAPTER T TRANSMISSION, ON AND OTHER RELATED

OPERATIONS

operations)

al person tation of

a wheeling service, erformed by od in this Chapter)

with the following standards concerning operations g services”) as

o ated services ( anization”) in the country if such juridical

( rsonnel, a method for carrying out the supporting services and other particulars, is appropriate

chnical resources for ces specified in the

( o hamper the fair pporting services;

( pplicant intends to start a business other than the supporting services, the orting services;

(5) cordance with the provisions of Article 99-4 and who has not been for two years as yet after the day that

(6) ne of the following

lty and who has two years as yet after the day that he completed his sentence or he

was relieved of his sentence; or

(b) a person who breached this Law or any of the provisions of an order issued under this Law, was sentenced to a fine, and who has been not for two years as yet after the day that he completed his sentence or he was relieved of his sentence.

2. If a supporting organization intends to change its name or address or the address of an office where it carries out the supporting services, it shall give notification to that effect to the Minister of Economy, Trade and Industry no later than two weeks before the day that it intends to change.

VI. ORGANIZATION TO SUPPORDISTRIBUTI

(Organization to support transmission, distribution and other related

Article 93. The Minister of Economy, Trade and Industry may designate a juridicwho has been established with a view to supporting the smooth implementransmission, distribution and other related services (which refer topower transformation, transmission and distribution-related activities pgeneral power utilities and wholesale electric utilities; to be so understoand who is deemed to complyspecified in the ensuing Article (hereinafter referred to as the “supportin

nly one organization to support transmission, distribution and other relhereinafter referred to as the “supporting org

person applies for designation as such:

1) a plan for the implementation of the supporting services, including the pe

for the proper execution of the supporting services; (2) an applicant for designation possesses sufficient financial and te

executing the plan for the implementation of the supporting servipreceding item;

3) the composition of officers or employee of the applicant is unlikely timplementation of the su

4) if the abusiness is unlikely to hamper the fair implementation of the supp

the applicant is not a person whose designation was canceled in ac

his designation was canceled; or any of the officers of the applicant does not fall under either ocategories:

(a) a person who was sentenced to imprisonment or a heavier penabeen not for

66

(Services)

Art cle 94. A supporting organization shall carry out the following services: i

ion, distribution and

( idance and recommendations and other operation to electricity industry utilities , distribution and

( ints filed by electricity industry utilities about transmission,

( smission, distribution

(5) in addition to the operations enumerated in the preceding items, services necessary he smooth implementation of transmission, distribution and other and which are specified in the Ministerial Ordinance of the Ministry

( pp

der to implement its ervices code”),

de and Industry. The

2. Particulars to be provided for in the supporting services code shall be prescribed rdinance of the Ministry of Economy, Trade and Industry.

e supporting services ropriate in

porting organizaion

(

a business plan and a revenue and expenditure budget for the supporting services each business year and submit the plan and

Economy, Trade and Industry before the beginning of the business year (or without delay after designation in the business year in which it is designated as such). The same shall apply when the organization intends to change the plan or budget.

2. A supporting organizaion shall prepare a business report and a statement of accounts each business year and submit them to the Minister of Economy, Trade and Industry within three months after the end of the business year.

(Keeping of classified account books)

(1) the formulation of basic rules for the implementation of transmissother related services;

2) gunecessary for ensuring the smooth implementation of transmissionother ;

3) the handling of compladistribution and other related services;

4) the provision of information, liaison and coordination about tranand other related services; and

for supporting trelated servicesof Economy, Trade and Industry.

Su orting servicies code)

Article 95. A supporting organization shall formulate a code in orsupporting services (to be referred to in this Chapter as the “supporting sand obtain approval for the code from the Minister of Economy, Trasame also applies when the agency intends to change the code.

by the Ministerial O 3. If the Minister of Economy, Trade and Industry finds that th

code approved by the Minister pursuant to Paragraph 1 has become inappconducting the supporting services fairly, the Minister may order a supto amend the code.

Business plan and others)

Article 96. A supporting organization shall formulate

the budget to the Minister of

67

Article 97. A supporting organizaion shall keep classified accounts for concerning the supporting services and for the accounts conce

the accounts rning other services as

stipulated by the Ordinance of the Ministry of Economy, Trade and Industry.

A supporting organization shall not suspend or discontinue all or some of the r of Economy, Trade

2. If the Minister of Economy, Trade and Industry has granted permission to discontinue all of the supporting services in accordance with the provisions of the

ragraph, the designation related to such permission shall become null and

f secret)

Article 99. Officers and employee of a supporting organization, and persons who had been nd employee of a supporting organization shall not leak secrets which have come

or their own

Article 99-2. A supporting organization shall maintain books and record the particulars upporting services which are specified by the Ministerial Ordinance of the

cribed by the inance of the Ministry of Economy, Trade and Industry.

ssary to do so in ing services, the

may give the supporting organization orders necessary for supervision over the

(Cancellation of designation, etc.) Article 99-4. The Minister of Economy, Trade and Industry may cancel the designation of a

supporting organization, or order it to suspend its supporting services wholly or in part for a prescribed period of time, if one of the following Items applies to the supporting organization:

(1) it is deemed that the supporting organization is not in conformity with the standards specified in Items (1) through (4) of Paragraph 1 of Article 93;

(2) the condition stipulated in Item (6) of Paragraph 1 of Article 93 has become

(Suspension or discontinuance of operations)

Article 98. supporting services without obtaining permission from the Ministeand Industry.

preceding Pavoid.

(Duty o

officers ato their knowledge in connection with the supporting services, or use them finterests.

(Bookkeeping)

related to the sMinistry of Economy, Trade and Industry in the books.

2. The books under the preceding Paragraph shall be kept as presMinisterial Ord

(Supervisory orders)

Article 99-3. If the Minister of Economy, Trade and Industry deems it neceorder to ensure the fair and accurate implementation of the supportMinister supporting services.

68

applicable to the supporting organization;

3) the suppo( rting organization is in breach of any of the provisions of Paragraph 2 of h 1 of Article 98,

( pporting organization has carried out the supporting services without complying er Paragraph 1 of

( organization disobeys an order issued pursuant to the provisions of Paragraph 3 of Article 95 or the preceding Article; or

(6) the supporting organization has obtained the designation under Paragraph 1 of Article 93 by illegal means.

Article 93, Paragraph 1 of Article 95, Article 96, Article 97, Paragrapor Article 99-2;

4) the suwith the supporting services rule which obtained the approval undArticle 95;

5) the supporting

69

CHAPTER VII. MISCELLANEOUS PROVISIONS

roval; such conditions

only such r infallible execution of matters subject to

permission or approval or else for the promotion of benefits of the general public, and h ones as are liable to impose any unjustifiable obligation on the firm on

h the said permission or approval is to be granted.

(Hydroelectric power)

nvestigations on

Minister ecessity of doing so for the development of hydroelectric power, order the

firm which has set up power facilities for generation to take measurement of the flow of r power as the

l Ordinance of the he result of the

ovisions of Article 23, River Law (Law

application is intended for using water for generation of nder Paragraph 1

shall report the f Economy, Trade and

sted for the onsult the Minister of

3. The Minister of Economy, Trade and Industry may, in case an application for a permission under the provisions of Article 23, Article 24, Paragraph 1 of Article 26 or Paragraph 2 of Article 29 of the River Law (excluding the application mentioned in Paragraph 1 of this Article) has been submitted to a prefectural governor or a head of any of designated cities, give to the said prefectural governor or the said head of any of designated cities a recommendation necessary for the matter concerning disposition to be made under the provisions of these Articles, whenever the said Minister considers it necessary to do so for securing effective utilization of the said hydroelectric power for generation of electricity.

(Conditions for permission, etc.)

Article 100. Conditions may be attached to the permission or the appmay be changed or altered.

2. The conditions mentioned in the preceding Paragraph shall be minimum essentials as are indispensable fo

shall not be sucwhic

Article 101. The Minister of Economy, Trade and Industry shall conduct imatters necessary for the development of hydroelectric power.

Article 102. The Minister of Economy, Trade and Industry may, when the

recognizes a n

the river, on which the power generation facilities were set up using wateprime motive power, in accordance with the provisions of the MinisteriaMinistry of Economy, Trade and Industry and report to the Minister on tsaid measurement.

Article 103. When an application is filed for a permission under the prArticle 24, Paragraph 1 of Article 26 or Paragraph 2 of Article 29 of the No. 167 of 1964) and if theelectricity, a prefectural governor or a head of any of designated cities uof Article 252-19 of the Local Autonomy Law (Law No. 67 of 1947) application, together with a statement of opinions, to the Minister oIndustry and request the Minister for Minister’s views.

2. The Minister of Economy, Trade and Industry shall, when requeMinister’s views under the provisions of the preceding Paragraph, cLand, Infrastructure and Transport.

70

(Power facility inspector)

Article 104. Power facility inspectors shall be assigned in the Ministry of Economy, Trade

the inspection bed by Paragraph 1 of Article 49, Paragraph 1 or 3 of Article 51 or Paragraph 1 of

r Paragraph 4 of

3. Necessary matters related to qualifications of the power facility inspector shall be he Government Ordinance.

r inspections and he Minister of Economy,

rical works for inspections and others (which refer to some of clerical works for inspections specified in

aragraph 54, and aph 4 of Article 55;

also applies when the agency intends to

Industry finds that the clerical work rule notified to the Minister pursuant to the preceding Paragraph is inappropriate in performing

he Minister may order the

e prescribed by the onomy, Trade and Industry.

are specified in the Ministerial Ordinance of the Ministry of Economy, Trade and Industry to perform the

or inspections and others.

he business and accounting of the general power utility and wholesale electric utility each year.

(Collection of reports)

Article 106. To the extent necessary to enforce the provisions of Article 39, Article 40, Article 47, Articles 49 through 52, Article 54, and Article 55, the Minister of Economy, Trade and Industry may, as prescribed by the Government Ordinance, cause a person who installs power facilities for nuclear power generation as the prime motive power (hereinafter referred to as “nuclear power generating facilities”) to submit reports or

and Industry. 2. The power facility inspector shall engage in the works related to

prescriArticle 54, or the examination prescribed by Paragraph 3 of Article 50-2 oArticle 55.

stipulated by t

(Clerical work rule)

Article 104-2. The Organization shall formulate a rule for clerical works foothers (hereinafter referred to the “clerical work rule”) and notify tTrade and Industry of the rule before it starts operations related to cle

Paragraph 3 of Article 49, Paragraph 5 of Article 51 and Paragraph 2 of Pexaminations specified in Paragraph 3 of Article 52 and Paragrhereinafter to be so understood). The same change the operation rule.

2. If the Minister of Economy, Trade and

the clerical works for inspections and others fairly, tOrganization to amend the clerical work rule.

3. Particulars to be provided for in the clerical work rule shall bOrdinance of the Ministry of Ec

(Persons performing the clerical works for inspections and others)

Article 104-3. The Organization shall have qualified persons who

clerical works f

(Audit)

Article 105. The Minister of Economy, Trade and Industry shall audit t

71

informative materials on the conditions of activities related to the safety of the nuclear

eding Paragraph, d reports or

, and if the Minister in order to secure firm who has

aintenance and inspections of the said nuclear power generating facilities to e extent necessary to

ough 52, Article

3. Besides the reports or informative materials specified in Paragraph 1, to the Industry may, as

utility to submit a position.

4. Besides the reports or informative materials specified in Paragraph 1, to the d Industry may, as

the Government Ordinance, cause a firm who install power facilities for self-generation or a registered investigation agency to submit a report or informative

Minister of Economy, Trade and aterial on its

6. To the extent necessary to enforce this Law, the Minister of Economy, Trade and Industry may cause a registered safety management examination agency to submit a report

n material on its business standing or accounting position.

conomy, Trade and ency to submit a

g position.

Article 40, er of Economy, nuclear power

of factories, business premises, offices or other business establishments of firms which install nuclear power generating facilities, which fabricate fuel elements, or which weld the boilers and others or containers and others (including and limited to those associated with nuclear power generating facilities).

2. Besides on-site inspections pursuant to the provisions of the preceding Paragraph, to the extent necessary to enforce this Law, the Minister of Economy, Trade and Industry may cause Ministry’s employee to enter and inspect the business standing or accounting position, or power facilities, account books, documents and other assets at any of sales premises, offices or other business establishments of electricity industry utilitys.

power generating facilities.

2. Besides the reports or informative materials specified in the precwhen a firm who installs nuclear power generating facilities has submitteinformative materials pursuant to the provisions of the same Paragraphof Economy, Trade and Industry deems it particularly necessary to do so the safety of nuclear power generating facilities, the Minister may cause acarried out msubmit reports or informative materials on necessary particulars to thenforce the provisions of Article 39, Article 40, Article 47, Articles 49 thr54 and Article 55.

extent necessary to enforce this Law, the Minister of Economy, Trade andprescribed by the Government Ordinance, cause an electricity industryreport or informative material on its business standing or accounting

extent necessary to enforce this Law, the Minister of Economy, Trade anprescribed by

material on its business standing.

5. To the extent necessary to enforce this Law, the Industry may cause the Organization to submit a report or informative mbusiness standing.

or informatio

7. To the extent necessary to enforce this Law, the Minister of EIndustry may cause a designated examination agency or supporting agreport or informative material on its business standing or accountin

(Entry for inspection)

Article 107. To the extent necessary to enforce the provisions of Article 39, Article 47, Articles 49 through 52, Article 54, and Article 55, the MinistTrade and Industry may cause Ministry’s employee to enter and inspectgenerating facilities, account books, documents and other assets at any

72

3. Besides on-site inspections pursuant to the provisions of Paragextent necessary to enforce this Law, the Minister of Economy, Trade andcause Ministry’s employee to enter and inspect power facilities, accounand other assets

raph 1, to the Industry may

t books, documents at any of sales premises, offices or other business establishments of firms

rs and others or

y to enforce this Law, the Minister of Economy, Trade and r facilities for inspect power

nomy, Trade and s standing or

s establishments safety management examination agency or registered investigation agency.

6 nomy, Trade and ness standing or

or business establishments of the Organization.

Economy, Trade and enter and inspect the business standing or

designated

8 rovisions of the show these

Trade and Industry may, if the Minister deems it in accordance

1 se the Organization eding Paragraph, the

he Organization to do so by instructing it on a place of on-site

11. When the Organization has conducted on-site inspections specified in Paragraph 9 by direction under the preceding Paragraph, it shall report the results of on-site

nister of Economy, Trade and Industry.

pursuant to the provisions of Paragraph 9 shall carry their identification cards and show them at the request of interested parties.

13. Authority given pursuant to the provisions of Paragraphs 1 through 7 shall not be construed as that granted for the purpose of conducting criminal investigations.

(Orders to the Organization)

Article 107-2. If the Minister of Economy, Trade and Industry deems it necessary in order

which install power facilities for self-generation or which weld the boilecontainers and others.

4. To the extent necessarIndustry may cause Ministry’s employee to enter the places where powegeneral use are installed (excluding those places used for residence) and facilities for general use.

5. To the extent necessary to enforce this Law, the Minister of EcoIndustry may cause Ministry’s employee to enter and inspect the businesaccount books, documents and other assets at any of the offices or businesof a registered

. To the extent necessary to enforce this Law, the Minister of EcoIndustry may cause Ministry’s employee to enter and inspect the busiaccount books, documents and other assets of any of the offices

7. To the extent necessary to enforce this Law, the Minister ofIndustry may cause Ministry’s employee toaccount books, documents and other assets at any of the offices of a examination agency or supporting agency.

. The employee who conduct on-site inspections pursuant to the ppreceding Paragraphs shall carry their identification cards with them and identification cards at the request of interested parties.

9. The Minister of Economy,necessary to do so, cause the Organization to conduct on-site inspectionswith the provisions of Paragraphs 1 through 3.

0. If the Minister of Economy, Trade and Industry intends to cauto conduct on-site inspections pursuant to the provisions of the precMinister shall direct tinspections and other necessary information.

inspections to the Mi

12. The Organization’s employee who carry out on-site inspections

73

to ensure the appropriate implementation of the clerical works relatothers and on-site inspections specified in Paragraph 9 of the prece

ed to inspections and ding Article, the

Minister may give the Organization necessary orders concerning these operations.

uarter report to conducted during er generating

icle 47, Paragraph cle 50-2, Paragraphs 1 and 3 of Article 51, Paragraph 3

A , if the Minister ary to secure the

2. Besides reporting specified in the preceding Paragraph, the Minister of Economy, nance of the Ministry of Economy,

concerning the ission.

(Cooperation with the Nuclear Safety Commission’s investigations)

If the Nuclear Safety Commission conducts investigations concerning the 2 of the preceding

in and vestigations.

Article 108. The Minister of Economy, Trade and Industry shall, when the Minister intends ition prescribed by Paragraph 1 of Article 3 (only such dispositions as

those pertaining to the general electricity industry) or by Paragraph 1 of Article 8 (only aragraph 1 of

pursuant to the pinions and suggestions

Article 109. The Minister of Economy, Trade and Industry shall, when the Minister intends to decrease the point of supply in accordance with the provisions of Paragraph 4 of Article 15, or Paragraph 3 of Article 16, or the Minister intends to decrease an operation area in accordance with the provisions of Paragraph 2 of the same Article, hold a hearing regardless of a category of the procedures for making a statement as provided for in Paragraph 1 of Article 13 of the Administrative Procedure Law (Law No. 88 of 1993).

2. A trial on the date of a hearing pertaining to a disposition pursuant to the provisions of Paragraphs 1 through 4 of Article 15, Paragraphs 1 through 3 of Article 16,

(Reporting to the Nuclear Safety Commission, etc.)

Article 107-3. The Minister of Economy, Trade and Industry shall each qthe Nuclear Safety Commission approvals, inspections and examinationsthe quarter of the year before the current quarter concerning nuclear powfacilities in accordance with the provisions of Paragraphs 1 and 2 of Art1 of Article 49, Paragraph 3 of Artiof rticle 52, Paragraph 1 of Article 54 and Paragraph 4 of Article 55 anddeems it necessary, ask the Commission’s opinion and take steps necesssafety of nuclear power generating facilities.

Trade and Industry shall, in accordance with the OrdiTrade and Industry, report the conditions of the enforcement of this Lawsafety of nuclear power generating facilities to the Nuclear Safety Comm

Article 107-4. matters related to reporting pursuant to the provisions of Paragraph 1 orArticle, a firm which install nuclear power generating facilities or which maintainspect nuclear power generating facilities shall cooperate with such in

(Public hearings)

to effect the dispos

such dispositions as those pertaining to extension of service area) or by PArticle 19 or by Paragraph 3 of Article 23 (both only such dispositions rules for electricity supply), hold public hearings and ask for the oof the general public.

(Special cases of hearing)

74

Article 78, Article 84-5, Article 87 or Article 92-4, shall be conducted in public.

xamination

default concerning agency (excluding

the disposition resulting from the examination) may request the Minister of Economy, Trade and Industry to conduct investigation under the Administrative Complaint Appeal

e issatisfaction as to ant to the provisions of this Law or orders issued under this Law shall

nce notification being

e preceding Paragraph shall state a date, a place, and the details of a case.

3. In hearing an opinion under Paragraph 1, evidence for the said case shall be person pertaining

nst the supply of electricity by a general power utility or a specific electric utility or against the investigation operations handled by the

gistered investigation agency may present the grievance to the Minister of Economy, asons thereof.

Economy, Trade and e grievance faithfully and shall notify the person who has

(Fee)

i in such an amount as is prescribed by the Ordinance of the Ministry of Economy, Trade and Industry with due consideration to actual expenses:

(1) a person who intends to receive delivery of a chief engineer’s license in accordance with the provisions of Item (1) of Paragraph 2 of Article 44, or upon having passed the examination for a chief electrical engineer’s license for which examination clerical works are handled by a designated examination agency;

(2) a person who intends to take the examination for a chief electrical engineer’s license;

(3) a person who intends to receive the reissue of a chief engineer’s license;

(Appeal of dissatisfaction to the disposition and others by the designated eagency)

Article 109-2. A person who has objection against the disposition taken orthe examination clerical work performed by the designated examination

Law (Law No. 160, 1962).

(Hearing opinion as part of procedure for appeal of dissatisfaction)

Articl 110. A ruling or decision on a request for review or an appeal of da disposition pursube delivered after hearing an opinion in public upon reasonable advagiven to the person pertaining to such disposition.

2. Advance notification under th

presented and an opportunity for stating the opinion shall be given to theto the said disposition and to the firms interested.

(Presentation of grievance)

Article 111. A person who has grievance agai

reTrade and Industry by submitting a document stating the reason or re

2. When the said grievance has been presented, the Minister of Industry shall deal with thpresented the grievance as to the result of such action.

Art cle 112. Those persons mentioned hereunder shall pay a fee

75

( intends to take inspection under Paragraph 1 of Article 49, or Paragraph

( g examination being conducted by ragraph 3 of Article

nd

ucted by the provisions of

intend to obtain a y which has been ce with the

o intend to take chief xamination agency

rries out the examination clerical work, shall be a revenue of the designated examination agency, if paid by persons who intend to take examinations given by the

Paragraph 3 of Article 52 or Paragraph 4 of Article 55, shall be a e of the national

Arti e Minister’s a ms to the public by the National Gazette: ( d as provided for in

aph 2 of Article 45 or Paragraph 1 of Article 93;

registration under 4 of Article 55, or

ticle 57-2;

otification under or Paragraph 2 of

( y, Trade and Industry has canceled the registration or spend its safety

ons wholly or in part in accordance with the provisions of Article 78;

(5) where the Minister of Economy, Trade and Industry has decided to perform the safety management examination operations wholly or in part personally or has decided against continuing to carry out the safety management examination operations wholly or in part which the Minister had been personally carrying out in accordance with the provisions of Paragraph 1 of Article 80;

(6) where the Minister of Economy, Trade and Industry has granted permission under Article 84-2-2 or Paragraph 1 of Article 98;

4) a person who 1 or 3 of Article 51;

(5) a person who takes inspection under Paragraph 1 of Article 54; 6) a person who intends to take examination (excludin

the registered safety management examination agency) under Pa50-2, Paragraph 3 of Article 52, or Paragraph 4 of Article 55; a

(7) a person who intends to take safety management examinations condMinister of Economy, Trade and Industry in accordance with the Paragraph 1 of Article 80.

2. The fee under the preceding Paragraph, if paid by persons who chief engineer’s license delivered by a designated examination agencentrusted to carry out the license-delivering clerical work in accordanprovisions of Paragraph 1 of Article 44-2, and if paid by persons whelectrical engineer’s license examinations given by the designated ewhich ca

Organization underrevenue of the Organization, and if paid by others, shall be a revenutreasury.

(Notification to the public)

cle 112-2. The Minister of Economy, Trade and Industry shall notify thctions of the following Ite1) where the Minister of Economy, Trade and Industry has designate

Paragr

(2) where the Minister of Economy, Trade and Industry has granted theParagraph 3 of Article 50-2, Paragraph 3 of Article 52, ParagraphParagraph 1 of Ar

(3) where the Minister of Economy, Trade and Industry has received a nParagraph 2 of Article 57-2, Article 72, Article 74, Article 92-2, Article 93;

4) where the Minister of Economordered a registered safety management examination agency to sumanagement examination operati

76

( gnation in ated examination

agency to suspend its examination clerical works wholly or in part in accordance with

( personally accordance with the

ertake all or some of ’s has conducted personally;

( istration in cle 92-4; or

(10) where the Minister of Economy, Trade and Industry has canceled the designation of a ng agency, or ordered it to suspend its supporting operations wholly or in part

Article 113. In cases where a Government Ordinance or an Ordinance of the Ministry of Economy, Trade and Industry is enacted or amended or repealed under the provisions of

ssary interim measure may be enacted to such an extent of necessity as to nce of the

(Delegation of power)

Article 114. The power vested in the Minister of Economy, Trade and Industry under and by virtue of this Law may be delegated to the Director-General of the Economy, Trade and Industry Bureau under the provisions of the Government Ordinance.

7) where the Minister of Economy, Trade and Industry has canceled desiaccordance with the provisions of Article 87, or has ordered a design

the provisions of Paragraph 2 of the same Article;

8) where the Minister of Economy, Trade and Industry has decided to undertake all or some of examination clerical works inprovisions of Article 88 or the Minister’s has decided not to undexamination clerical works the Minister

9) where the Minister of Economy, Trade and Industry has canceled regaccordance with the provisions of Arti

supportiin accordance with the provisions of Article 99-4.

(Interim measures)

this Law, a necebe concluded rational under either a Government Ordinance or an OrdinaMinistry of Economy, Trade and Industry.

77

CHAPTER VIII. PUNITIVE PROVISIONS

d for the s to be used for

eneration, transformation, transmission or period of not longer

f the power facilities to be mation, rvitude for a

¥500,000.

siness of the electricity industry and does not ining the power

facilities to be used for the electricity industry, thereby obstructing generation, ished in the same

preceding Paragraph 1 or 2 shall be punished.

i punished with p a fine not exceeding ¥3,000,000, or with both of them concurrently:

ntravention of Article 3;

(2) a person who has disobeyed an order or a disposition given in accordance with the clear power

(3) a person who has installed or changed power facilities in contravention of the es where nuclear

power generating facilities are concerned).

nished with p riod of not longer than two years or with a fine not exceeding ¥3,000,000 or with both of them concurrently:

(1) a person who has suspended or discontinued either the whole or part of the electricity industry in contravention of the provisions of Paragraph 1 of Article 14;

(2) a person who has refused to supply electricity in contravention of the provisions of Paragraphs 1, 3 or 4 of Article 18; or

(3) a person who has supplied electricity in contravention of the provisions of Paragraphs 5 through 7 of Article 18.

Article 115. A person who has damaged any of the power facilities to be useelectricity industry or else has impaired function of any of power facilitiethe electricity industry, thereby obstructing gdistribution of electricity shall be punished with penal servitude for a than five years or with a fine not exceeding ¥1,000,000.

2. A person who has without authority operated any oused for the electricity industry, thereby obstructing generation, transfortransmission or distribution of electricity shall be punished with penal seperiod of not longer than two years or with a fine not exceeding

3. A person who is engaged in the buperform without any of justifiable reasons the work of operating or mainta

transformation, transmission or distribution of electricity shall be punmanners as are prescribed by the preceding Paragraph.

4. An attempted offense of the

Art cle 116. A person who falls under any of the following Items shall beenal servitude for a period of not longer than three years or with

(1) a person who has started the business of the electricity industry in cothe provisions of Paragraph 1 of

provisions of Article 40 (including and limited to cases where nugenerating facilities are concerned); or

provisions of Paragraph 1 of Article 47 (including and limited to cas

Article 117. A person who falls under any of the following Items shall be puenal servitude for a pe

78

Article 117-2. A person who falls under any of the following Items spenal servitude for a period of not lon

hall be punished with ger than one year or with a fine not exceeding

( of the provisions of lear power 1;

( ed to keep a record, failed visions of Paragraph 1 of

ticle 55 (including and erned);

( or avoided receiving, sions of

, Paragraph 1 of Article 54, or Paragraph 4 of Article 55 (including and limited to cases where nuclear power

( ho has disobeyed an order to suspend the safety management examination operations given in accordance with the provisions of Article 78; or

ials, or submitted false s of Paragraph

Article 117-3. Officers or employee of a designated examination agency or supporting l works or

ith the provisions of Paragraph 2 of Article 87, or Article 99-4 shall be punished with penal servitude for a period of not longer than one year or with a fine not exceeding ¥1,000,000.

2 of Article 44-2, A period of not longer t

Arti be punished with a f( on who has disobeyed an order given in accordance with the provisions of

Paragraph 5 of Article 9, Paragraph 5 of Article 16-3 (including cases where the provisions of Paragraph 5 of Article 16-3 apply with necessary modifications in Paragraph 8 of the same Article), Paragraph 5 or 8 of Article 19, Paragraph 2 of Article 19-2, Paragraph 4 of Article 22, Paragraph 2 of Article 24, Paragraph 3 or 5 of Article 24-3, Paragraph 4 or 5 of Article 24-4, Paragraph 2 of Article 24-6 (including cases where the provisions of Paragraph 2 of Article 24-6 apply with necessary modifications in Article 24-7), Paragraph 2 of Article 26, Paragraph 4 of Article 29, Article 30, Paragraph 1 of Article 31, Paragraph 3 of Article 57, or Paragraph 2 of Article 92;

¥1,000,000, or with both of them concurrently: 1) a person who has used power facilities in contravention

Paragraph 1 of Article 49 (including and limited to cases where nucgenerating facilities are concerned), or Paragraph 1 or 3 of Article 5

2) a person who has failed to record, made a false record, failto report, or made a false report in contravention of the proArticle 50-2, Paragraph 1 of Article 52, or Paragraph 1 of Arlimited to cases where nuclear power generating facilities are conc

3) a person who has refused to receive, interfered with,examinations or inspections conducted in accordance with the proviParagraph 3 of Article 50-2, Paragraph 3 of Article 52

generating facilities are concerned), or Paragraph 1 of Article 107;

4) a person w

(5) a person who has failed to submit reports or informative materreports or false informative materials in contravention of the provision1 of Article 106.

agency which has disobeyed an order to suspend the examination clericasupporting operations given in accordance w

Article 117-4. A person who has disobeyed the provisions of Paragraphrticle 85, or Article 99 shall be punished with penal servitude for a

han one year or with a fine not exceeding ¥1,000,000.

cle 118. A person who falls under any of the following Items shalline of not exceeding ¥3,000,000: 1) a pers

79

( efused to supply electricity in contravention of the provisions of

( e provisions of Paragraph le 24, Paragraph 2

e 24-3, Paragraph 3 of Article 24-4, or Paragraph 1 of Article 25;

rovisions of Paragraph 6

( ontract in of Paragraph 1 of Article 24-2;

tract, disturbed or avention of the

of Paragraph 3 of Article 24-2;

( rder or a disposition given in accordance with the rating facilities

( engineer in contravention of the provisions of Paragraph 1 of Article 43; or

change power facilities in contravention of the provisions of Paragraph 1 of Article 47 (excluding

unished with the f

ification in ragraph 1 or 7 of

( 9 or Paragraph 3 3 of Article 16-3

agraph 8 of the same Article);

ity supply industry without giving notification required by the provisions of Paragraph 1 of

or made a false statement in accompanying documents submitted in contravention of the provisions of Paragraph 2 of Article 16-3 (including cases where this is applied with necessary modifications under Paragraph 8 of the same Article);

(5) a person who has supplied electricity in contravention of the provisions of Paragraph 1 of Article 17;

(6) a person who has supplied electricity in contravention of the provisions of Paragraph 2 of Article 21;

(7) a person who has contravened the order or disposal prescribed by Article 27;

2) a person who has rParagraph 2 of Article 18;

3) a person who has supplied electricity in contravention of th1 of Article 21, Paragraph 1 or 2 of Article 22, Paragraph 4 of Articof Articl

(4) a person who has invited biddings in contravention of the pof Article 22;

5) a person who has concluded or revised a supplementary supply ccontravention of the provisions

(6) a person who has refused to conclude a supplementary supply conevaded the conclusion of a supplementary supply contract in contrprovisions

7) a person who has disobeyed an oprovisions of Article 40 (excluding cases where nuclear power geneare concerned);

8) a person who has not appointed the licensed chief

(9) a person who has installed power facilities or implemented works to

cases where nuclear power generating facilities are concerned).

Article 119. A person who falls under any of the following Items shall be pine of a fine not exceeding ¥1,000,000:

(1) a person who has failed to give notification or made a false notcontravention of the provisions of Paragraph 1 of Article 9 or PaArticle 16-3;

2) a person who has breached the provisions of Paragraph 3 of Articleof Article 16-3 (including cases where the provisions of Paragraph apply with necessary modifications in Par

(3) a person who has carried on the business of a specified-scale electric

Article 16-2, or by giving false notification;

(4) a person who has failed to submit accompanying documents

80

( any of power in contravention of the order issued under the provisions of Paragraph 4 of

( ho has used any power facilities in contravention of the provisions of Paragraph 1 of Article 49 (excluding cases where nuclear power generating facilities

upporting a all be punished with a f g ¥300,000:

al works or supporting r Paragraph 1 of

8; aragraph 1 of

recorded a false statement, in ragraph1 of

of the provisions of

( agency which has failed to submit reports or informative materials, or submitted false reports or false informative materials in contravention of the provisions of

(5) the agency which has refused to receive, interfered with, or avoided receiving, graph 7 of Article

Arti ll be punished with a f

( he report prescribed by Paragraph 4 of Article 7 ecessary modifications under

r 3 of Article 16-2, ragraph 1 of Article 19-2, Paragraph 7 of Article 22,

ing cases where this is tions under Paragraph 2 of the same Article),

Paragraph 1 or 2 of Article 29, Paragraph 1 or 2 of Article 42, Paragraph 3 of Article 43, Paragraph 4 or 5 of Article 47, Paragraph 2 of Article 57-2 or Article 74, or a person who has submitted a false report;

(2) a person who has contravened the provisions of Article 20;

(3) a person who has failed to take measures commonly known in contravention of the provisions of Paragraph 3 of Article 24;

(4) a person who has failed to make a public announcement in contravention of the provisions of Paragraph 4 of Article 24-3;

8) a person who has effected work of installing or changing or alteringfacilitiesArticle 48; or

9) a person w

are concerned).

Article 119-2. Officers or employee of a designated examination agency or sgency which falls under any of the following Items of violations shine not exceedin

(1) the agency which has discontinued all of the examination clericoperations without obtaining permission under Article 84-2-2 oArticle 9

(2) the agency which has failed to record the particulars specified in PArticle 87-2 or Paragraph 1 of Article 99-2, orcontravention of the provisions of Paragraph 1 of Article 87-2 or PaArticle 99-2;

(3) the agency which has failed to keep the books in contraventionParagraph 2 of Article 87-2 or Paragraph 2 of Article 99-2;

4) the

Paragraph 7 of Article 106; or

inspections conducted in accordance with the provisions of Para107.

cle 120. A person who falls under any of the following Items shaine not exceeding ¥300,000:

1) a person who does not submit t(including the case where this is applied with nParagraph 3 of Article 8), Paragraph 2 of Article 11, Paragraph 2 oParagraph 2 of Article 16-4, PaParagraph 1 of Article 24-3, Paragraph 1 of Article 24-4 (includapplied with necessary modifica

81

( keep the records in aph 1 of Article

50-2, Paragraph 1 of Article 52, or Paragraph 1 of Article 55 (excluding cases where

the provisions of

(7) a person who has performed a work of installing, constructing, changing or altering 1 or 2 of Article

( ned the examination or inspection under f Article 54, or

luding cases where nuclear power generating facilities

( iven in accordance with the

( cle 79 (inclusive the case where the provisions of this Paragraph apply with necessary modifications

5) in ve of the case

tions in Paragraph 4 7, Paragraph 1 of Article 79 or Article 92-5) or else who has made a false

( provisions of Paragraph 2 of Article 79 (inclusive of the case where the provisions of this Paragraph apply with

f Article 79 or

r submitted a aterial in contravention of the provisions of Article

le 106.

Article 120-2. Officers or employee of the Organization which falls under any of the eding ¥200,000:

s specified in Paragraph 5 of

or avoided receiving, inspections conducted in accordance with the provisions of Paragraph 6 of Article 107.

Article 121. In case a representative of a juridical person, or an agent, servant or other

employee of a juridical person or of a natural person has committed an act in contravention of the provisions specified in the following Items in regard to the operations of either the juridical person or natural person, the person who has committed such act shall be punished and, in addition, the juridical person shall be punished with a fine

5) a person who has failed to record, made a false record, or failed tocontravention of the provisions of Paragraph 3 of Article 26, Paragr

nuclear power generating facilities are concerned);

(6) a person who has acted contrary to orders given in accordance withParagraph 3 of Article 42;

the power facilities in contravention of the provisions of Paragraph 48;

8) a person who has refused, hampered or shunParagraph 3 of Article 50-2, Paragraph 3 of Article 52, Paragraph 1 oParagraph 4 of Article 55 (excare concerned) or Paragraphs 2 through 5 of Article 107;

9) a person who has acted contrary to orders or disposition gprovisions of Paragraph 1 of Article 56;

10) a person who has not kept records prescribed by Paragraph 1 of Artiofin Paragraph 4 of Article 57, Paragraph 1 of Article 79 or Article 92-contravention of the provisions of Paragraph 1 of Article 79 (inclusiwhere provisions of this Paragraph apply with necessary modificaof Article 5entry;

11) a person who has not kept the book in contravention of the

necessary modifications in Paragraph 5 of Article 57, Paragraph 2 oArticle 92-5); or

(12) a person who has failed to submit a report or informative material, ofalse report or false informative m102, Paragraphs 2 through 4 of Article 106, or Paragraph 6 of Artic

following Items of violations shall be punished with a fine not exce

(1) the Organization which has failed to record the particularArticle 106, or recorded a false statement; or

(2) the Organization which has refused to receive, interfered with,

82

specified in the following Items and the natural person shall be punished with a fine

of Article 116; (excluding the act

( ve Articles in the event of Item (1) of Article 116, Article 117, Article 117-2 (including and limited to the act specified in Item (4)),

Arti nished with a p

( rovisions of ications in Paragraph

aph 1 of Article 46-17;

raph 1 of Article le 24-5 apply with

Article 24-7), Paragraph 1 of Article 34, Paragraph 1 of

( public a false cord in contravention of the provisions of Paragraph 2 of Article 24-5 (including

cases where the provisions of Paragraph 2 of Article 24-5 apply with necessary

e false statements in agraph 2 of Article

nts and others, failed to record the particulars to be entered in the financial statements and others, or has made false statements in contravention of the provisions of Paragraph 1 of Article 75

in y with necessary d reason to comply with any

f Paragraph 2 of A agraph 2 of Article 75

with a penalty not e

Article 122-3. An officer of the Organization who falls under either one of the following Items of violations shall be punished with a penalty not exceeding ¥200,000:

(1) an officer who has failed to give notification or submitted a false notification in contravention of the provisions of Paragraph 1 of Article 104-2; or

(2) an officer who has disobeyed an order given in accordance with the provisions of Paragraph 2 of Article 104-2 or Article 107-2.

specified in the respective Articles:

(1) a fine not exceeding ¥300,000,000 in the event of Item (2) or (3) (2) a fine not exceeding ¥100,000,000 in the event of Article 117-2

specified in Item (4)); or

3) a fine specified in the respecti

Article 118, Article 119, or Article 120.

cle 122. A person who falls under any of the following Items shall be puenalty not exceeding ¥1,000,000:

1) a person who has disobeyed an order given in accordance with the pParagraph 5 of Article 9, which shall apply with necessary modif2 of Article 13, Article 35, or Paragr

(2) a person who has acted in contravention of the provisions of Parag24-5 (including cases where the provisions of Paragraph 1 of Articnecessary modification inArticle 34-2, or Paragraph 1 or 2 of Article 36;

3) a person who has failed to make public a record of accounts or madere

modifications in Article 24-7); or

(4) a person who has failed to submit the statements or submitted thcontravention of the provisions of Paragraph 2 of Article 34 or Par34-2.

Article 122-2. A person who has failed to maintain the financial stateme

(includ g cases where the provisions of Paragraph 1 of Article 75 applmodifications in Article 92-5), or who has refused without gooof the requests made in accordance with the provisions of the Items o

rticle 75 (including cases where the provisions of the Items of Parapply with necessary modifications in Article 92-5) shall be punished xceeding ¥200,000.

83

84

falls under any of the following Items shall be punished with a

( raph 2 of Article 9, 3, Paragraph 2 of

alse report;

ights other than the rticle 13; or

(2) a person who has not restored the chief engineer’s license in contravention of the order issued under the provisions of Paragraph 4 of Article 44 without any justifiable reason.

Article 123. A person whofine not exceeding ¥100,000:

1) a person who has not given notification prescribed by ParagParagraph 1 of Article 13, Paragraphs 4 or 5 of Article 17, Article 5Article 55-2 or Article 92-2, or any one who has submitted any f

(1-2) a person who has assigned the facility or made it an object of rright of ownership in violation of the provisions of Paragraph 2 of A