Renewable Energy Development Act Article 9

The central competent authority shall convene a committee comprising relevant government agencies, scholars, experts, and organisations to determine the wholesale purchase rates and calculation formulas for electricity generated by renewable energy power generation equipment. If necessary, hearings may be held in accordance with the Administrative Procedure Act prior the announcement of the said rate and formula, and the aforementioned wholesale purchase rate and calculation formula shall be reviewed or amended annually in consideration of the technical advancements in power generation, cost changes, goal achievement, and other related factors for each type of renewable energy. The rate calculation formula in the preceding paragraph shall be stipulated by the central competent authority based on an integrated consideration of the average installation cost, service life, operation and maintenance fees, annual electricity generation capacity, fisheries compensation, electricity development assistance fund, maintenance and decommissioning costs, remote sites, and related factors for each type of renewable energy power generation equipment in accordance with each type of renewable energy.When renewable energy power generation equipment is installed in indigenous areas, the weighted wholesale purchase rates shall be taken into integrated consideration. The electricity generated by renewable energy power generation equipment shall be purchased by the electricity retailing utility enterprise at wholesale, except for in the cases of direct supply, wheeling, private use, and reselling to the renewable-energy-based electricity retail enterprises as prescribed under the Electricity Act.When the electricity retailing utility enterprise purchases electricity generated from renewable energy at wholesale in accordance with the preceding paragraph, the enterprise shall sign a contract with the installers of the renewable energy power generation equipment, and the contract shall be submitted to the central competent authority for future reference.From the date this Act is promulgated and enforced, the electricity generated by an installer of renewable energy power generation equipment will be purchased at the wholesale purchase rate announced by the central competent authority, as prescribed in Paragraph 1, when the installers sign a contract with the electricity retailing utility enterprise according to the regulations prescribed in the preceding paragraph.When the electricity generated from renewable energy for direct supply or wheeling according to the Electricity Act is sold at wholesale according to this Act, or when surplus electricity is sold at wholesale according to this Act, the electricity rate announced at the time the renewable energy power generation equipment became operational shall be applicable.If an operator has signed an electricity purchase and sale contract with an electricity enterprise before the promulgation and implementation of this Act, the electricity generated by its renewable energy power generation equipment can be purchased at wholesale at the original rate.Renewable energy power generation equipment fulfilling any of the following criteria/conditions shall be purchased at wholesale either at the avoided cost or the rate referred to in Paragraph 1, at the comparably lower rate:1.Prior to the promulgation and enforcement of this Act, the enterprises that are already in operation and have not entered into electricity purchase and sale contracts with electricity enterprises.2.Enterprises in operation for over twenty (20) years.3.Enterprises that install such equipment after the nationwide gross installed capacity of renewable energy power generation equipment has reached the total target amount of electricity generated by renewable energy power generation equipment set forth in Paragraph 1 of Article 6.The avoided cost in the preceding paragraph shall be formulated by the electricity retailing utility enterprise and submitted to the central competent authority for approval.
中文原文 再生能源發展條例第9條
中央主管機關應邀集相關各部會、學者專家、團體組成委員會,審定再生能源發電設備生產電能之躉購費率及其計算公式,必要時得依行政程序法舉辦聽證會後公告之,每年並應視各類別再生能源發電技術進步、成本變動、目標達成及相關因素,檢討或修正之。
前項費率計算公式由中央主管機關綜合考量各類別再生能源發電設備之平均裝置成本、運轉年限、運轉維護費、年發電量、漁業補償、電力開發協助金、維護與除役成本、偏遠地區及相關因素,依再生能源類別分別定之。
再生能源發電設備位於原住民族地區者,應綜合考量加權躉購費率。
再生能源發電設備所產生之電能,除依電業法直供、轉供、自用及售予再生能源售電業外,應由公用售電業躉購。
公用售電業依前項規定躉購再生能源電能,應與再生能源發電設備設置者簽訂契約,並報中央主管機關備查。
再生能源發電設備設置者自本條例公布施行之日起,依前項規定與公用售電業簽訂契約者,其設備生產之電能,依第一項中央主管機關所公告之躉購費率躉售。
依電業法直供或轉供之再生能源電能,如改依本條例躉售,或有多餘電能依本條例躉售者,適用再生能源發電設備首次提供電能時之公告費率。
本條例公布施行前,已與電業簽訂購售電契約者,其設備生產再生能源電能之費率,仍依原訂費率躉購。
再生能源發電設備屬下列情形之一者,以迴避成本或第一項公告費率取其較低者躉購:
一、本條例公布施行前,已運轉且未曾與電業簽訂購售電契約。
二、運轉超過二十年。
三、於全國再生能源發電總裝置容量達第六條第一項所定推廣目標總量後設置。
前項迴避成本,由公用售電業擬訂,報中央主管機關核定。

English translation for reference only; the Chinese text prevails. Not legal advice.