Electricity Business Act
Act No. 170 of July 11, 1964
Table of Contents
Chapter 1 General Provisions
Chapter 2 Electricity Business
Section 1 Business License, etc.
Section 2 Services
Subsection 1 Supply
Subsection 2 Wide-Area Operations
Subsection 3 Supervision
Section 3 Accounting and Finance
Chapter 3 Electric Facilities
Section 1 Definitions
Section 2 Electric Facilities for Business Use
Subsection 1 Conformity to Technical Standards
Subsection 2 Independent Safety Measures
Subsection 2-2 Special Provisions Concerning Environmental Impact Assessment
Subsection 3 Construction Plan and Inspection
Subsection 4 Succession
Section 3 Electric Facilities for General Use
Chapter 4 Use of Land, etc.
Chapter 5 Registered Safety Management Examination Body, Designated Examining Body, and Registered Investigation Body
Section 1 Registered Safety Management Examination Body
Section 2 Designated Examining Body
Section 3 Registered Investigation Body
Chapter 6 Organization to Support Electricity Transmission and Distribution
Chapter 7 Miscellaneous Provisions
Chapter 8 Penal Provisions
Supplementary Provisions
Chapter 1 General Provisions
(Purpose)
Article 1 The purpose of this Act is to protect the interests of electricity users and achieve the sound development of Electricity Businesses by realizing appropriate and reasonable management of Electricity Businesses, and to assure public safety and promote environmental preservation by regulating the construction, maintenance and operation of Electric Facilities.
(Definitions)
Article 2 In this Act, the meanings of the terms listed in the following items shall be as provided for by the respective items.
(i) General Electricity Business: Business supplying electricity to meet general demand.
(ii) General Electricity Utility: Person who has obtained a license under paragraph 1 of the next Article to conduct a General Electricity Business.
(iii) Wholesale Electricity Business: Business supplying a General Electricity Utility with electricity to be used for its General Electricity Business for which the Electric Facilities that satisfy the requirements specified by an Ordinance of the Ministry of Economy, Trade and Industry are used.
(iv) Wholesale Electricity Utility: Person who has obtained a license under paragraph 1 of the next Article to conduct a Wholesale Electricity Business.
(v) Specified Electricity Business: Business supplying electricity to meet demand at a specified service point.
(vi) Specified Electricity Utility: Person who has obtained a license under paragraph 1 of the next Article to conduct a Specified Electricity Business.
(vii) Specified-Scale Electricity Business: Business supplying electricity (excluding, however, businesses supplying electricity prescribed in Article 17, paragraph 1, item 1, and businesses conducted under a license set forth in the said paragraph) to meet a certain scale of demand from electricity users that satisfies the requirements specified by an Ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to as a "Specified-Scale Demand"), which are conducted by a General Electricity Utility to meet a Specified-Scale Demand in an area other than its service area via electric lines maintained and operated by another General Electricity Utility, or conducted by a person other than a General Electricity Utility.
(viii) Specified-Scale Electricity Utility: Person who has given notification pursuant to Article 16-2, paragraph 1 of conducting a Specified-Scale Electricity Business.
(ix) Electricity Business: General Electricity Business, Wholesale Electricity Business, Specified Electricity Business and Specified-Scale Electricity Business.
(x) Electricity Utility: General Electricity Utility, Wholesale Electricity Utility, Specified Electricity Utility and Specified-Scale Electricity Utility
(xi) Wholesale Supply: Supply of electricity to a General Electricity Utility to be used for its General Electricity Business (excluding supply through a Cross-Area Wheeling Service), which is specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(xii) Wholesale Supplier: Person who provides a Wholesale Supply (excluding General Electricity Utility and Wholesale Electricity Utility).
(xiii) Cross-Area Wheeling Service: Service pursuant to which a person receives electricity from another person and simultaneously supplies such another person with the same quantity of electricity as that received, at a point other than where the person has received electricity.
(xiv) Intra-Area Wheeling Service: Service pursuant to which a General Electricity Utility receives electricity from another person engaged in the Specified-Scale Electricity Business, and simultaneously supplies, in proportion to fluctuations in the quantity of electricity used for the Specified-Scale Electricity Business conducted by said other person, such other person with electricity at a point other than where the General Electricity Utility received such electricity within its service area (excluding, however, a service point where a Specified Electricity Utility has commenced a Specified Electricity Business under a license set forth in paragraph 1 of the next Article or with permission under paragraph 1 of Article 8 (hereinafter referred to as a "Point of Business Commencement" in Article 18 and Article 25)).
(xv) Wheeling Service: Cross-Area Wheeling Service and Intra-Area Wheeling Service.
(xvi) Electric Facilities: Machines, appara.uses, dams, waterways, reservoirs, electric lines, and other facilities installed for the purpose of generating, transforming, transmitting, distributing or using electricity (excluding, however, those installed in ships, vehicles or aircrafts, and those specified by a Cabinet Order).
(2) Where a General Electricity Utility conducts a business supplying another General Electricity Utility or a Specified Electricity Utility having a service point within the General Electricity Utility's service area with electricity to be used for the General Electricity Business or the Specified Electricity Business conducted thereby, or conducts a business providing another General Electricity Utility or a Specified-Scale Electricity Utility with a Wheeling Service prescribed in Article 24-3, paragraph 1 with respect to electricity to be used for the Specified-Scale Electricity Business conducted thereby, such a business shall be deemed to be a General Electricity Business.
(3) A business conducted by a Wholesale Electricity Utility of supplying a General Electricity Utility with electricity to be used for its General Electricity Business shall be deemed to be a Wholesale Electricity Business.
Chapter 2 Electricity Business
Section 1 Business License, etc.
(Business License)
Article 3 A person who intends to conduct an Electricity Business (excluding a Specified-Scale Electricity Business; hereinafter the same shall apply in this Section (except for Article 5, item 7 and Article 17, paragraph 1)) shall obtain a license from the Minister of Economy, Trade and Industry.
(2) The license set forth in the preceding paragraph shall be granted by category of business, for each of the General Electricity Business, Wholesale Electricity Business, or Specified Electricity Business respectively.
(Application for License)
Article 4 A person who intends to obtain a license under paragraph 1 of the preceding Article shall submit a written application to the Minister of Economy, Trade and Industry, stating:
(i) The name and address of the applicant, as well as the name of the representative if the applicant is a juridical person.
(ii) The service area, the General Electricity Utilities to which electricity is to be supplied or the service points.
(iii) The following matters concerning the Electric Facilities to be used for the Electricity Business.
(a) Regarding Electric Facilities for generation of electricity, the site where they are to be installed, the type of motive power, frequency, and output capacity.
(b) Regarding Electric Facilities for transformation of electricity, the site where they are to be installed, frequency, and output capacity.
(c) Regarding Electric Facilities for transmission of electricity, the site where they are to be installed, the electric system, installation method, number of circuits, frequency, and voltage.
(d) Regarding Electric Facilities for distribution of electricity, the electric system, frequency, and voltage.
(2) The written application set forth in the preceding paragraph shall be accompanied by a business plan, estimate of business income and expenditure, and other documents specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(Standards for License)
Article 5 The Minister of Economy, Trade and Industry shall not grant a license under Article 3, paragraph 1 unless he/she finds that the application for the license under the said paragraph conforms to all of the following items.
(i) The commencement of the Electricity Business corresponds to general demand, demand for General Electricity Business or demand at the service point.
(ii) The applicant has sufficient financial basis and technical capability to perform the Electricity Business properly.
(iii) The Electricity Business is based on a reliable plan.
(iv) Where the Electricity Business is a General Electricity Business or Specified Electricity Business, the Electric Facilities to be used for the business are capable of meeting electricity demand in the service area or at the service point.
(v) Where the Electricity Business is a General Electricity Business, the commencement of the business will not result in the existence of an excessive number of Electric Facilities to be used for General Electricity Business within the whole or a part of the service area.
(vi) Where the Electricity Business is a Specified Electricity Business, and the service point is located within the service area of a General Electricity Utility, there is no risk of harm to the interests of electricity users within the General Electricity Utility's service area as a result of the commencement of the business.
(vii) In addition to what is listed in the preceding items, where the Electricity Business is a General Electricity Business or a Wholesale Electricity Business, the commencement of the business is necessary and appropriate for the comprehensive and reasonable development of Electricity Businesses and for the promotion of other public interests; where it is a Specified Electricity Business, the commencement of the business is appropriate in light of public interest.
(License Certificate)
Article 6 The Minister of Economy, Trade and Industry shall, when having granted a license under Article 3, paragraph 1, issue a license certificate.
(2) The license certificate shall state:
(i) The date of grant of the license and the license number
(ii) The name and address of the licensee
(iii) The service area, the General Electricity Utilities to which electricity is to be supplied or the service points.
(iv) The following matters concerning the Electric Facilities to be used for the Electricity Business.
(a) Regarding Electric Facilities for generation of electricity, the site where they are installed, the type of motive power, frequency and output capacity.
(b) Regarding Electric Facilities for transformation of electricity, the site where they are installed, frequency and output capacity.
(c) Regarding Electric Facilities for transmission of electricity, the site where they are installed, the electric system, installation method, number of circuits, frequency and voltage.
(d) Regarding Electric Facilities for distribution of electricity, the electric system, frequency and voltage.
(Obligation to Commence Business)
Article 7 An Electricity Utility (excluding a Specified-Scale Electricity Utility; hereinafter the same shall apply in this Section) shall commence its business within the period designated by the Minister of Economy, Trade and Industry, but not to exceed ten years (or three years in the case of a Specified Electricity Utility) from the day when the Electricity Utility has obtained a business license.
(2) The Minister of Economy, Trade and Industry may, when he/she finds it particularly necessary, designate the period set forth in the preceding paragraph by category of service area, General Electricity Utility to which electricity is to be supplied or service point.
(3) Where the Minister of Economy, Trade and Industry has received an application from an Electricity Utility, he/she may, when finding justifiable grounds, extend the period designated under paragraph 1.
(4) An Electricity Utility shall, when having commenced its business (in the cases where the designation set forth in paragraph 1 has been made by category of service area, General Electricity Utility to which electricity is to be supplied or service point pursuant to paragraph 2, the business corresponding to the category), notify the Minister of Economy, Trade and Industry to that effect without delay.
(Change of Service Area, etc.)
Article 8 An Electricity Utility shall, when intending to change the matters listed in Article 6, paragraph 2, item 3, obtain permission from the Minister of Economy, Trade and Industry.
(2) The provision of Article 5 shall apply mutatis mutandis to the permission set forth in the preceding paragraph.
(3) The provision of the preceding Article shall apply mutatis mutandis to the case referred to in paragraph 1 (excluding, however, the cases of reducing the service area, the number of General Electricity Utilities to which electricity is to be supplied or the number of service points).
(Changes of Electric Facilities, etc.)
Article 9 An Electricity Utility shall, when intending to make a material change specified by an Ordinance of the Ministry of Economy, Trade and Industry with respect to the matters listed in Article 6, paragraph 2, item 4, notify the Minister of Economy, Trade and Industry of the change.
(2) Where there has been a change to the matters listed in Article 6, paragraph 2, item 2 or the matters listed in item 4 of the said paragraph (excluding, however, those prescribed in the preceding paragraph), an Electricity Utility shall notify the Minister of Economy, Trade and Industry to that effect without delay.
(3) An Electricity Utility that has given a notification pursuant to paragraph 1 shall not make the change to which such notification pertained until 20 days have elapsed from the day when the notification was received.
(4) The Minister of Economy, Trade and Industry may, when he/she finds that the content of the notification given under paragraph 1 is unlikely to hinder the proper performance of the Electricity Business by the Electricity Utility that has given the notification, shorten the period prescribed in the preceding paragraph.
(5) When the Minister of Economy, Trade and Industry finds that the content of the notification given under paragraph 1 is likely to hinder the proper performance of the Electricity Business by the Electricity Utility that has given the notification, he/she may, within 20 days from the day when the notification was received, order the Electricity Utility to change the contents of the notification or suspend its performance of the Electricity Business to which such notification pertained.
(Assignment and Acceptance of Business, and Merger and Demerger of Juridical Person)
Article 10 An assignment and acceptance of the whole of an Electricity Business shall not be effective unless approved by the Minister of Economy, Trade and Industry.
(2) A merger and demerger of a juridical person acting as an Electricity Utility (limited, however, to those resulting in the taking over of the whole of an Electricity Business; hereinafter the same shall apply in paragraph 1 of the next Article) shall not be effective unless approved by the Minister of Economy, Trade and Industry.
(3) The provisions of Article 5 shall apply mutatis mutandis to the approval set forth in the preceding two paragraphs.
(Succession)
Article 11 In the event of an assignment of the whole of an Electricity Business, or inheritance, merger or demerger of an Electricity Utility, the assignee of the whole of the Electricity Business, the heir, the juridical person surviving after the merger or the juridical person newly established upon the merger, or the juridical person who has taken over the whole of the Electricity Business upon the demerger shall succeed to the status of the Electricity Utility.
(2) The heir who has succeeded to the status of an Electricity Utility pursuant to the preceding paragraph shall notify the Minister of Economy, Trade and Industry to that effect without delay.
Article 12 Deleted
(Assignment of Facilities, etc.)
Article 13 An Electricity Utility (excluding a Specified Electricity Utility; hereinafter the same shall apply in this Article) shall, when intending to assign facilities used for its Electricity Business or make them subject to any rights other than ownership, notify the Minister of Economy, Trade and Industry to that effect; provided, however, that this shall not apply to facilities specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) The provisions of Article 9, paragraphs 3 to 5 shall apply mutatis mutandis to the notification set forth in the preceding paragraph. In this case, the phrase "make the change" in paragraph 3 of the said Article shall be deemed to be replaced with "assign the facilities or make them subject to any rights other than ownership," the phrase "the content of the notification" in paragraph 4 of the said Article shall be deemed to be replaced with "the assignment of the facilities to which the notification pertained or making them subject to any rights other than ownership (hereinafter referred to as 'Assignment of Facilities, etc.' in the next paragraph)" and the phrase "the content of the notification" in paragraph 5 of the said Article shall be deemed to be replaced with "the Assignment of Facilities, etc." respectively.
(Suspension and Abolition of Business, and Dissolution of Juridical Person)
Article 14 An Electricity Utility shall, when intending to suspend or abolish the whole or a part of its Electricity Business, obtain permission from the Minister of Economy, Trade and Industry.
(2) A resolution for the dissolution of a juridical person acting as an Electricity Utility or consent thereto by all its members shall not be effective unless approved by the Minister of Economy, Trade and Industry.
(3) The Minister of Economy, Trade and Industry shall not grant permission under paragraph 1 or approval under the preceding paragraph unless he/she finds that there is no risk of harm to the public interest as a result of the suspension or abolition of the Electricity Business or dissolution of the juridical person.
(Rescission of Business License, etc.)
Article 15 Where an Electricity Utility does not commence its business within the period designated under Article 7, paragraph 1 (if the period has been extended under paragraph 3 of the said Article, the extended period; hereinafter the same shall apply), the Minister of Economy, Trade and Industry may rescind the license granted under Article 3, paragraph 1.
(2) In addition to the case prescribed in the preceding paragraph, where an Electricity Utility has violated this Act or any order issued under this Act, the Minister of Economy, Trade and Industry may, when he/she finds such violation harmful to the public interest, rescind the license granted under Article 3, paragraph 1.
(3) In addition to the cases prescribed in the preceding two paragraphs, where the Electric Facilities used for a Wholesale Electricity Business by a Wholesale Electricity Utility have ceased to satisfy the requirements specified by an Ordinance of the Ministry of Economy, Trade and Industry under Article 2, paragraph 1, item 3, the Minister of Economy, Trade and Industry may, when he/she finds that the facilities will never satisfy the requirements, rescind the license granted under Article 3, paragraph 1.
(4) In addition to the cases prescribed in paragraph 1 or paragraph 2, the Minister of Economy, Trade and Industry may, when he/she finds that a Specified Electricity Utility falls under any of the following items, rescind the license granted under Article 3, paragraph 1 or reduce the number of service points.
(i) The Specified Electricity Utility has ceased to have sufficient financial basis and technical capability to perform the Specified Electricity Business properly.
(ii) The Electric Facilities used for the Specified Electricity Business have ceased to be capable of meeting the electricity demand at the service point.
(iii) In addition to the cases prescribed in the preceding two items, the Specified Electricity Business has become harmful to the public interest.
(5) The Minister of Economy, Trade and Industry shall, when having rescinded the license pursuant to any of the preceding paragraphs, provide a written explanation of the reasons for rescission to the Electricity Utility.
Article 16 Where an Electricity Utility that has obtained permission under Article 8, paragraph 1 does not commence its business within the period designated under Article 7, paragraph 1 as applied mutatis mutandis pursuant to Article 8, paragraph 3, in the new service area, to the General Electricity Utility to which electricity is to be newly supplied or at the new service point, the Minister of Economy, Trade and Industry may rescind the permission.
(2) Where a General Electricity Utility does not conduct its General Electricity Business in part of its service area, the Minister of Economy, Trade and Industry may, when he/she finds it harmful to the public interest, reduce the service area by that part.
(3) Where a Specified Electricity Utility does not conduct its Specified Electricity Business at any of its service points, the Minister of Economy, Trade and Industry may, when he/she finds it harmful to the public interest, reduce the number of service points.
(4) The provision of paragraph 5 of the preceding Article shall apply mutatis mutandis to the cases referred to in the preceding three paragraphs.
(Notification of Specified-Scale Electricity Business)
Article 16-2 A person other than a General Electricity Utility shall, when intending to conduct a Specified-Scale Electricity Business, notify the Minister of Economy, Trade and Industry to that effect pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, with a document stating the person's name and address as well as the matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) A Specified-Scale Electricity Utility shall, when intending to change the matters set forth in the preceding paragraph, notify the Minister of Economy, Trade and Industry to that effect.
(3) A Specified-Scale Electricity Utility shall, when having abolished its business, notify the Minister of Economy, Trade and Industry to that effect without delay.
(Notification of Electric Lines by Specified-Scale Electricity Utility)
Article 16-3 A Specified-Scale Electricity Utility shall, when conducting a Specified-Scale Electricity Business via the electric lines that the Specified-Scale Electricity Utility independently maintains and operates, notify the Minister of Economy, Trade and Industry, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, of the matters concerning each electric line and the place where electricity is to be supplied via the electric line (hereinafter referred to as "Place of Supply" in this Article), which are specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) The notification given under the preceding paragraph shall be accompanied by documents specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) The Specified-Scale Electricity Utility that has given notification under paragraph 1 shall not conduct its Specified-Scale Electricity Business via the electric lines to which the notification pertained until 20 days have elapsed from the day when the notification was received.
(4) The Minister of Economy, Trade and Industry may, when he/she finds that the Specified-Scale Electricity Business to be conducted via the electric lines to which the notification given under paragraph 1 pertained is unlikely to harm significantly the interests of electricity users in the service area of a General Electricity Utility that covers the Place of Supply to which the notification pertained, shorten the period prescribed in the preceding paragraph.
(5) When the Minister of Economy, Trade and Industry finds that the Specified-Scale Electricity Business to be conducted via the electric lines to which the notification given under paragraph 1 pertained is likely to harm significantly the interests of electricity users in the service area of the General Electricity Utility prescribed in the preceding paragraph, he/she may, within 20 days from the day when the notification was received (or, if the period prescribed in paragraph 3 has been extended pursuant to the next paragraph, the extended period), order the Specified-Scale Electricity Utility to change the content of the notification or suspend its performance of the Specified-Scale Electricity Business to which such notification pertained .
(6) The Minister of Economy, Trade and Industry may, when he/she has reasonable grounds for believing that it will take a considerable period of time to examine whether or not the Specified-Scale Electricity Business to be conducted via the electric lines to which the notification given under paragraph 1 pertained is likely to harm significantly the interests of electricity users in the service area of the General Electricity Utility prescribed in paragraph 4 and that such examination will not be completed within the period prescribed in paragraph 3, extend the period set forth in the said paragraph by up to 20 days. In this case, the Minister of Economy, Trade and Industry shall notify the Specified-Scale Electricity Utility who has given the notification of the extended period and the reason for extension without delay.
(7) A Specified-Scale Electricity Utility shall, when intending to change the matters to which the notification given under paragraph 1 pertained, notify the Minister of Economy, Trade and Industry to that effect.
(8) The provisions of paragraphs 2 to 6 shall apply mutatis mutandis to the notification set forth in the preceding paragraph. In this case, the phrase "shall not conduct its Specified-Scale Electricity Business via the electric lines" in paragraph 3 shall be deemed to be replaced with "shall not make the change; provided, however, that this shall not apply to any minor change specified by an Ordinance of the Ministry of Economy, Trade and Industry," and the phrase "the Specified-Scale Electricity Business to be conducted via the electric lines" in paragraphs 4 to 6 shall be deemed to be replaced with "the change."
(Taking over of Specified-Scale Electricity Business)
Article 16-4 In the event of an assignment of the whole of a Specified-Scale Electricity Business, or inheritance, merger or demerger of a Specified-Scale Electricity Utility (limited, however, to those resulting in the taking over of the whole of a Specified-Scale Electricity Business), the assignee of the whole of the Specified-Scale Electricity Business, the heir, the juridical person surviving after the merger or the juridical person newly established upon the merger, or the juridical person who has taken over the whole of the Specified-Scale Electricity Business upon the demerger shall succeed to the status of the Specified-Scale Electricity Utility.
(2) A person who has succeeded to the status of a Specified-Scale Electricity Utility pursuant to the preceding paragraph shall notify the Minister of Economy, Trade and Industry to that effect without delay.
(Specified Supply)
Article 17 A person who intends to conduct a business supplying electricity (excluding a General Electricity Utility) shall, except in the case of conducting an Electricity Business or any of the following cases, obtain a license from the Minister of Economy, Trade and Industry for each recipient of electricity supply and each place where electricity is to be supplied.
(i) Where such person intends to supply electricity through the generation facilities intended exclusively for supplying electricity to meet the demand in a single building or in any premises specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(ii) Where such person intends to supply electricity to be used for a General Electricity Business, Specified Electricity Business or Specified-Scale Electricity Business.
(2) A person who intends to obtain a license under the preceding paragraph shall submit a written application to the Minister of Economy, Trade and Industry, with a document stating:
(i) The name and address of the applicant, as well as the name of the representative if the applicant is a juridical person.
(ii) The name and address of the recipient of electricity supply.
(iii) The place where electricity is to be supplied.
(iv) In addition to what is listed in the preceding three items, the matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) The Minister of Economy, Trade and Industry shall not grant a license under paragraph 1 unless he/she finds that the application for the license under the said paragraph conforms to all of the following items.
(i) A person who is to conduct an electricity supply business has a close association with the recipient of electricity supply as specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(ii) Where the place where electricity is to be supplied is located in the service area of a General Electricity Utility or at the service point of a Specified Electricity Utility, there is no risk of harm to the interests of electricity users in the said service area or at the said service point.
(4) When there has been a change to the matters listed in paragraph 2, item 1, item 2 or item 4, the person who has obtained a license under paragraph 1 shall notify the Minister of Economy, Trade and Industry to that effect without delay.
(5) The person who has obtained a license under paragraph 1 shall, when having abolished the electricity supply business under the license, notify the Minister of Economy, Trade and Industry to that effect without delay.
Section 2 Services1
Subsection 1 Supply
(Obligation to Supply, etc.)
Article 18 A General Electricity Utility shall not refuse to supply electricity to meet general demand in its service area (excluding, however, demand at the Point of Business Commencement and Specified-Scale Demand) without justifiable grounds.
(2) A General Electricity Utility shall not refuse to supply electricity to meet Specified-Scale Demand in its service area (excluding, however, demand from users who receive electricity supply from a person other than the General Electricity Utility or those who receive electricity supply under the rates and other supply conditions negotiated and agreed with the General Electricity Utility) unless there is a risk of harm to the interests of recipients of electricity supply under general supply provisions or Optional Supply Provisions or there are other justifiable grounds.
(3) A Specified Electricity Utility shall not refuse to supply electricity to meet demand at its service point without justifiable grounds.
(4) A General Electricity Utility or Wholesale Electricity Utility that has agreed to supply electricity to another General Electricity Utility for its General Electricity Business shall not refuse to supply electricity without justifiable grounds. The same shall apply where a General Electricity Utility has concluded a Supplementary Supply Agreement set forth in Article 24-2, paragraph 1 with a Specified Electricity Utility that has a service point within the General Electricity Utility's service area.
(5) A General Electricity Utility shall not supply electricity to meet general demand in an area other than its service area or demand at the Point of Business Commencement within its service area.
(6) A General Electricity Utility or Wholesale Electricity Utility shall not supply electricity to another General Electricity Utility for its General Electricity Business in any manner other than that for which a license or permission has been granted under Article 3, paragraph 1 or Article 8, paragraph 1.
(7) A Specified Electricity Utility shall not supply electricity to meet demand at a service point other than its service point for which a license or permission has been granted under Article 3, paragraph 1 or Article 8, paragraph 1.
(General Supply Provisions of General Electricity Utility, etc.)
Article 19 A General Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, formulate general supply provisions to set rates and other supply conditions for electricity supply to meet general demand (excluding Specified-Scale Demand) and obtain approval of the provisions from the Minister of Economy, Trade and Industry. The same shall apply when a General Electricity Utility indents to revise the provisions.
(2) The Minister of Economy, Trade and Industry shall, when he/she finds that the application for the approval under the preceding paragraph conforms to all of the following items, grant approval under the said paragraph.
(i) The rates consist of fair costs incurred as a result of efficient management and fair profits.
(ii) The rates are clearly set as fixed rates or fixed amounts by type of supply.
(iii) The responsibilities of the General Electricity Utility and electricity users, as well as the method of sharing expenses between them for electricity meters and other instruments and for wiring and other works, are provided for appropriately and clearly.
(iv) Certain persons are not treated in an unfair and discriminatory manner.
(3) Notwithstanding the provision of the second sentence of paragraph 1, in the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry where the rates will be lowered or there will be no risk of harm to the interests of electricity users, a General Electricity Utility may, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, revise the rates and/or other supply conditions set under general supply provisions that has been approved under paragraph 1 (if notification of revision has been given pursuant to the next paragraph, the revised provisions; hereinafter the same shall apply in this Article).
(4) A General Electricity Utility shall, when having revised the rates and/or other supply conditions pursuant to the preceding paragraph, notify the Minister of Economy, Trade and Industry of the revised general supply provisions pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
(5) The Minister of Economy, Trade and Industry may, when he/she finds that the general supply provisions to which the notification of revision given under the preceding paragraph pertained fails to fall under any of the following items, order the General Electricity Utility to revise the general supply provisions, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(i) The rates are clearly set as fixed rates or fixed amounts by type of supply.
(ii) The responsibilities of the General Electricity Utility and electricity users, as well as the method of sharing expenses between them for electricity meters and other instruments and for wiring and other works, are provided for appropriately and clearly.
(iii) Certain persons are not treated in an unfair and discriminatory manner.
(6) A General Electricity Utility may, where it is expected to contribute to the efficient use of the facilities for its General Electricity Business or the efficient management of its business generally, formulate provisions to set supply conditions that differ from such rates and other supply conditions necessary to apply the rates set out in general supply provisions approved under paragraph 1, and make it available to electricity users as an alternative to the general supply provisions.
(7) A General Electricity Utility shall, when having formulated provisions pursuant to the preceding paragraph, notify the Minister of Economy, Trade and Industry of the provisions (hereinafter referred to as "Optional Supply Provisions") pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry. The same shall apply where a General Electricity Utility has revised the provisions.
(8) The Minister of Economy, Trade and Industry may, when he/she finds that the Optional Supply Provisions to which the notification given under the preceding paragraph pertained fails to fall under any of the following items, order the General Electricity Utility to revise the Optional Supply Provisions, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(i) The Optional Supply Provisions contributes to the efficient use of the facilities for the General Electricity Business by the General Electricity Utility or the efficient management of the business.
(ii) There is no risk of harm to the interests of recipients of electricity supply under general supply provisions approved under paragraph 1.
(iii) The rates are clearly set as fixed rates or fixed amounts.
(iv) Certain persons are not treated in an unfair and discriminatory manner.
(Provisions for Last Resort Service of General Electricity Utility)
Article 19-2 A General Electricity Utility shall formulate provisions to set rates and other supply conditions to guarantee electricity supply to meet Specified-Scale Demand in its service area (excluding, however, demand from users who receive electricity supply from a person other than the General Electricity Utility or those who receive electricity supply under the rates and other supply conditions negotiated and agreed with the General Electricity Utility), and notify the Minister of Economy, Trade and Industry of the provisions pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry. The same shall apply when a General Electricity Utility intends to revise the provisions.
(2) The Minister of Economy, Trade and Industry may, when he/she finds that the provisions to which the notification given under the preceding paragraph pertained fails to fall under any of the following items, order the General Electricity Utility to revise the provisions (hereinafter referred to as "Provisions for Last Resort Service"), within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(i) The rates are clearly set as fixed rates or fixed amounts by type of supply.
(ii) The responsibilities of the General Electricity Utility and electricity users, as well as the method of sharing expenses between them for electricity meters and other instruments and for wiring and other works, are provided for appropriately and clearly.
(iii) Certain persons are not treated in an unfair and discriminatory manner.
(iv) The rates and conditions are not significantly inappropriate in light of social and economic circumstances or significantly harmful to the interest of recipients of electricity supply under the Provisions for Last Resort Service.
(Obligation of General Electricity Utility to Publicize General Supply Provisions, etc.)
Article 20 A General Electricity Utility shall, when having obtained approval of general supply provisions pursuant to Article 19, paragraph 1, given notification of revision of general supply provisions pursuant to paragraph 4 of the said Article or revised general supply provisions pursuant to Article 23, paragraph 3, given notification of Optional Supply Provisions pursuant to Article 19, paragraph 7, or given notification of Provisions for Last Resort Service pursuant to paragraph 1 of the preceding Article, display the general supply provisions, Optional Supply Provisions or Provisions for Last Resort Service at a place accessible to the public in its business office or other office from 10 days prior to the implementation of the provisions.
(Obligation of General Electricity Utility to Supply Electricity under General Supply Provisions, etc.)
Article 21 A General Electricity Utility shall not supply electricity to meet general demand (excluding Specified-Scale Demand) under supply conditions other than those set out in general supply provisions approved under Article 19, paragraph 1 (or if notification of revision has been given pursuant to paragraph 4 of the said Article, the revised provisions; if revision has been made pursuant to Article 23, paragraph 3, the revised provisions) or those set out in Optional Supply Provisions for which notification was given pursuant to Article 19, paragraph 7; provided, however, that this shall not apply when a General Electricity Utility provides a Cross-Area Wheeling Service, or when a General Electricity Utility supplies electricity under the rates and other supply conditions approved by the Minister of Economy, Trade and Industry (or, if revision has been made pursuant to Article 23, paragraph 3, the revised rates and/or conditions) in the case where there are special circumstances that make it difficult to supply electricity under the general supply provisions or Optional Supply Provisions.
(2) A General Electricity Utility shall not, except when having negotiated and agreed with the recipient of electricity supply with respect to the rates and/or other supply conditions, supply electricity to meet Specified-Scale Demand in its service area under supply conditions other than those set out in Provisions for Last Resort Service for which notification was given pursuant to Article 19-2, paragraph 1; provided, however, that this shall not apply when a General Electricity Utility provides a Cross-Area Wheeling Service.
(Supply Conditions for Wholesale Supply)
Article 22 A General Electricity Utility, Wholesale Electricity Utility or Wholesale Supplier shall not provide a Wholesale Supply at rates and other supply conditions other than those for which notification was given to the Minister of Economy, Trade and Industry (or, if revision has been made pursuant to paragraph 3 of the next Article, the revised rates and/or conditions); provided, however, that this shall not apply to the following cases.
(i) When a Wholesale Supply is provided under the supply conditions set by a successful bidder in the bidding implemented by a General Electricity Utility (limited, however, to those publicly announced pursuant to paragraph 5).
(ii) When the Minister of Economy, Trade and Industry has granted approval for a limited period where there are special circumstances that make it difficult to set supply conditions.
(2) The person who has given notification under the preceding paragraph shall not commence the Wholesale Supply to which the notification pertained until 20 days have elapsed from the day when the notification was received.
(3) The Minister of Economy, Trade and Industry may, if he/she finds that the rates and other supply conditions to which the notification given under paragraph 1 pertained conform to all of the items of paragraph 2 of Article 19, shorten the period prescribed in the preceding paragraph.
(4) When the Minister of Economy, Trade and Industry finds that the rates and/or other supply conditions to which the notification given under paragraph 1 pertained fail to conform to any of the items of paragraph 2 of Article 19, he/she may, within 20 days from the day when the notification was received, order the person who has given the notification to revise the rates and/or supply conditions.
(5) A General Electricity Utility that intends to receive a Wholesale Supply may, when deciding on the person who is to provide a Wholesale Supply and supply conditions through a bidding process, make a public announcement pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry to the effect that the method of bidding satisfies the requirements specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(6) A General Electricity Utility shall, when having made a public announcement pursuant to the preceding paragraph, implement a bidding process by a method that satisfies the requirements specified by an Ordinance of the Ministry of Economy, Trade and Industry under the said paragraph.
(7) In the case referred to in paragraph 1, item 1, the General Electricity Utility, Wholesale Electricity Utility or Wholesale Supplier that is to provide a Wholesale Supply shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, notify the Minister of Economy, Trade and Industry of the supply conditions to be applied.
(Order and Disposition on General Supply Provisions, etc.)
Article 23 The Minister of Economy, Trade and Industry may, when he/she finds that the electricity rates and/or other supply conditions have become significantly inappropriate as a result of changes in social and economic circumstances to the extent that they hinder the promotion of public interest, order the General Electricity Utility to apply for approval to revise the general supply provisions approved under Article 19, paragraph 1 (or, if notification of revision has been given pursuant to paragraph 4 of the said Article, the revised provisions) or the rates and other supply conditions approved under the proviso of paragraph 1 of Article 21 (or, if revision has been made pursuant to paragraph 3, the revised rates and/or conditions), within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(2) The Minister of Economy, Trade and Industry may, when he/she finds that the rates and/or other supply conditions to which the notification given under paragraph 1 of the preceding Article pertained (or, if revision has been made pursuant to the next paragraph, the revised rates and/or conditions) have become significantly inappropriate as a result of changes in social and economic circumstances to the extent that they hinder the promotion of public interest, order the General Electricity Utility, Wholesale Electricity Utility or Wholesale Supplier to revise the rates and/or other supply conditions, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(3) Where the Minister of Economy, Trade and Industry has issued an order pursuant to the preceding two paragraphs, he/she may, if no application for approval has been filed nor any notification of revision has been given within the time limit set forth in the preceding two paragraphs, revise the general supply provisions or the rates and/or other supply conditions.
(General Supply Conditions of Specified Electricity Utility)
Article 24 A Specified Electricity Utility shall set electricity rates and other supply conditions, and notify the Minister of Economy, Trade and Industry of the rates and conditions pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry. The same shall apply when a Specified Electricity Utility intends to revise the rates and/or conditions.
(2) The Minister of Economy, Trade and Industry may, when he/she finds that the rates and/or other supply conditions to which the notification given under the preceding paragraph pertained fail to fall under any of the following items, order the Specified Electricity Utility to revise the rates and/or other supply conditions, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(i) The rates are clearly set as fixed rates or fixed amounts.
(ii) The responsibilities of the Specified Electricity Utility and electricity users, as well as the method of sharing expenses between them for electricity meters and other instruments and for wiring and other works, are provided for appropriately and clearly.
(iii) Certain persons are not treated in an unfair and discriminatory manner.
(iv) The rates and conditions are not significantly inappropriate in light of social and economic circumstances nor significantly harmful to the interest of electricity users.
(3) A Specified Electricity Utility shall take measures to make public the rates and other supply conditions to which the notification given under paragraph 1 pertained at its service point prior to the day when the rates and conditions become applicable.
(4) A Specified Electricity Utility shall not supply electricity to meet demand at its service point at rates and other supply conditions other than those for which notification was given pursuant to paragraph 1; provided, however, that this shall not apply when a Specified Electricity Utility provides a Cross-Area Wheeling Service.
(Supplementary Supply Agreement)
Article 24-2 A General Electricity Utility shall, when intending to conclude a Supplementary Supply Agreement with a Specified Electricity Utility having a service point within the General Electricity Utility's service area (which means an agreement whereby the General Electricity Utility promises to supply electricity to the Specified Electricity Utility to make up a shortage of electricity used by the Specified Electricity Utility for its Specified Electricity Business which may arise from an accident or other causes specified by an Ordinance of the Ministry of Economy, Trade and Industry (excluding supply through a Cross-Area Wheeling Service); hereinafter the same shall apply), obtain approval of the rates and other supply conditions for such supply from the Minister of Economy, Trade and Industry. The same shall apply when a General Electricity Utility intends to revise the rates and/or other supply conditions.
(2) The provision of Article 19, paragraph 2 shall apply mutatis mutandis to the approval set forth in the preceding paragraph.
(3) Where, with respect to a Supplementary Supply Agreement, the General Electricity Utility and the Specified Electricity Utility having a service point within the General Electricity Utility's service area have failed to hold consultations or reach an agreement through consultations, the Minister of Economy, Trade and Industry may, when he/she finds that there is a risk of harm to the interests of electricity users at the service point, order the General Electricity Utility and the Specified Electricity Utility to conclude a Supplementary Supply Agreement with each other, giving instructions on rates and other supply conditions.
(4) Where an order has been issued pursuant to the preceding paragraph, the General Electricity Utility that has received the order shall be deemed to have obtained approval under paragraph 1 of the rates and other supply conditions as instructed under the said paragraph.
(5) The provisions of Article 23, paragraph 1 and paragraph 3 shall apply mutatis mutandis to the rates and other supply conditions approved under paragraph 1 (including those that are deemed to have been approved under paragraph 1 pursuant to the preceding paragraph).
(Wheeling Service by General Electricity Utility)
Article 24-3 A General Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, formulate Wheeling Service provisions to set rates and other supply conditions for a Wheeling Service (or, in the case of a Cross-Area Wheeling Service, limited to such services for supplying electricity to be used for a General Electricity Business, Specified Electricity Business or Specified-Scale Electricity Business, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry; hereinafter the same shall apply) and notify the Minister of Economy, Trade and Industry of the provisions pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry. The same shall apply when a General Electricity Utility intends to revise the provisions.
(2) A General Electricity Utility shall not provide a Wheeling Service under supply conditions other than those set out in the Wheeling Service provisions for which notification was given pursuant to the preceding paragraph; provided, however, that this shall not apply when the Minister of Economy, Trade and Industry has granted approval in the case where there are special circumstances that make it difficult to provide the Wheeling Service under the Wheeling Service provisions.
(3) The Minister of Economy, Trade and Industry may, when he/she finds that the Wheeling Service provisions to which the notification given under paragraph 1 pertained fail to fall under any of the following items, order the General Electricity Utility to revise the Wheeling Service provisions, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(i) There is no risk of harm to the interests of recipients of electricity supply under general supply provisions or Optional Supply Provisions.
(ii) It is unlikely that the recipients of electricity supply under the Wheeling Service provisions to which the notification given under paragraph 1 pertained would experience any difficulty in receiving the Wheeling Service.
(iii) The rates are clearly set as fixed rates or fixed amounts.
(iv) The responsibilities of the General Electricity Utility and the recipients of electricity supply under the Wheeling Service provisions to which the notification given under paragraph 1 pertained, as well as the method of sharing expenses between them for electricity meters and works, are provided for appropriately and clearly.
(v) Certain persons are not treated in an unfair and discriminatory manner.
(vi) In addition to what is listed in the preceding items, the rates and conditions do not hinder the promotion of public interest.
(4) A General Electricity Utility shall, when having given notification pursuant to paragraph 1, publicize the Wheeling Service provisions pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
(5) Where a General Electricity Utility has refused to provide a Wheeling Service without justifiable grounds, the Minister of Economy, Trade and Industry may order the General Electric Industry to provide a Wheeling Service.
(Cross-Area Wheeling Service by Wholesale Electricity Utility)
Article 24-4 A Wholesale Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, notify the Minister of Economy, Trade and Industry of the rates and other supply conditions for its Cross-Area Wheeling Service (limited, however, to such services for supplying electricity to be used for General Electricity Business, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry; hereinafter the same shall apply in this Article and Article 24-7); provided, however, that this shall not apply where the Minister of Economy, Trade and Industry has granted approval based on the recognition that the Wholesale Electricity Utility is not expected to provide a Cross-Area Wheeling Service in light of the condition of the electric lines that the Wholesale Electricity Utility maintains and operates.
(2) The provision of the main clause of the preceding paragraph shall apply mutatis mutandis when a Wholesale Electricity Utility intends to revise the rates and/or other supply conditions for which notification was given pursuant to the main clause of the said paragraph.
(3) A Wholesale Electricity Utility (excluding, however, those that have obtained approval under the proviso of paragraph 1; hereinafter the same shall apply in this Article and Article 24-7) shall not provide a Cross-Area Wheeling Service at rates and other supply conditions other than those for which notification was given pursuant to the main clause of paragraph 1 (including the cases where it is applied mutatis mutandis pursuant to the preceding paragraph).
(4) The Minister of Economy, Trade and Industry may, when he/she finds that the rates and/or other supply conditions to which the notification given under the main clause of paragraph 1 pertained (including the cases where it is applied mutatis mutandis pursuant to paragraph 2; hereinafter the same shall apply in this Article) fail to fall under any of the following items, order the Wholesale Electricity Utility to revise the rates and/or supply conditions, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(i) It is unlikely that the recipients of electricity supply under the rates and other supply conditions to which the notification given under the main clause of paragraph 1 pertained would experience any difficulty in receiving the Cross-Area Wheeling Service.
(ii) The rates are clearly set as fixed rates or fixed amounts.
(iii) The responsibilities of the Wholesale Electricity Utility and recipients of electricity supply under the rates and other supply conditions to which the notification given under the main clause of paragraph 1 pertained, as well as the method of sharing expenses between them for electricity meters and works, are provided for appropriately and clearly.
(iv) Certain persons are not treated in an unfair and discriminatory manner.
(v) In addition to what is listed in the preceding items, the rates and conditions do not hinder the promotion of public interest.
(5) Where a Wholesale Electricity Utility has refused to provide a Cross-Area Wheeling Service without justifiable grounds, the Minister of Economy, Trade and Industry may order the Wholesale Electricity Utility to provide a Cross-Area Wheeling Service.
(Accounting concerning Wheeling Service and Other Services by General Electricity Utility, etc.)
Article 24-5 A General Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, keep accounts concerning a Wheeling Service and other services for the transformation, transmission and distribution of electricity.
(2) A General Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, publicize the results of the accounting set forth in the preceding paragraph.
(Prohibited Acts in Wheeling Service by General Electricity Utility)
Article 24-6 A General Electricity Utility shall not conduct any of the following acts.
(i) Use by itself or provide another person with information concerning other persons who supply electricity (hereinafter referred to as "Electricity Suppliers" in the next item) and electricity users, which the General Electricity Utility has become aware of in the course of providing a Wheeling Service, for purposes other than using it for the service.
(ii) In the course of providing a Wheeling Service, apply unreasonable preferential treatment or give benefit, or apply unreasonable disadvantageous treatment or cause disadvantages to any particular Electric Supplier.
(2) The Minister of Economy, Trade and Industry may, when he/she finds that a General Electricity Utility has committed an act in violation of the preceding paragraph, order the General Electricity Utility to discontinue or correct that act.
(Application Mutatis Mutandis)
Article 24-7 The provisions of the preceding two Articles shall apply mutatis mutandis to a Wholesale Electricity Utility. In this case, the term "Wheeling Service" in these provisions shall be deemed to be replaced with "Cross-Area Wheeling Service," and the phrase "transmission and distribution of electricity" in Article 24-5, paragraph 1 shall be deemed to be replaced with "and transmission of electricity" respectively.
(Electricity Supply outside Service Area of General Electricity Utility)
Article 25 A General Electricity Utility shall, when intending to supply electricity to meet demand in an area other than its service area, obtain a license from the Minister of Economy, Trade and Industry for each recipient of electricity supply and each place where electricity is to be supplied; provided, however, that this shall not apply when a General Electricity Utility supplies electricity in the course of conducting a Specified-Scale Electricity Business, supplies electricity to be used for a General Electricity Business, Specified Electricity Business or Specified-Scale Electricity Business or provides a Cross-Area Wheeling Service (limited, however, to such services for supplying electricity to be used for a General Electricity Business, Specified Electricity Business or Specified-Scale Electricity Business).
(2) The Minister of Economy, Trade and Industry shall not grant a license under the preceding paragraph unless he/she finds that the application for the license under the said paragraph conforms to all of the following items.
(i) Where the supply of electricity is intended to meet demand in the service area of another General Electricity Utility, it is not easy or appropriate for such another General Electricity Utility to supply electricity in that area.
(ii) The supply of electricity is not intended to meet demand at the Point of Business Commencement of a Specified Electricity Utility.
(Voltage and Frequency)
Article 26 An Electricity Utility (excluding Wholesale Electricity Utility and Specified-Scale Electricity Utility; hereinafter the same shall apply in this Article) shall endeavor to maintain the voltage value and frequency value of the electricity that the Electricity Utility supplies at the levels specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) The Minister of Economy, Trade and Industry may, when he/she finds that the interest of electricity users is harmed because the voltage value or frequency value of the electricity supplied by an Electricity Utility is not maintained at the levels specified by an Ordinance of the Ministry of Economy, Trade and Industry under the preceding paragraph, order the Electricity Utility to repair or alter the Electric Facilities, improve the method of operating the Electric Facilities and take other necessary measures in order to maintain the specified levels.
(3) An Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, measure the voltage and frequency of the electricity that the Electricity Utility supplies, record the values measured and preserve such records.
(Restriction on Use of Electricity)
Article 27 When it seems that if no adjustment is made to the supply and demand of electricity, a shortage of electricity supply will adversely affect the national economy, standard of living or public interest, the Minister of Economy, Trade and Industry may, to the extent necessary2 for resolving such a situation and pursuant to the provision of a Cabinet Order, restrict the use of electricity supplied by a General Electricity Utility, Specified Electricity Utility or Specified-Scale Electricity Utility by limiting the power usage or peak load or specifying the purpose of use or the date and time when power usage should be stopped, or restrict the receiving of electricity from a General Electricity Utility, Specified Electricity Utility or Specified-Scale Electricity Utility by limiting the capacity of receiving electricity.
Subsection 2 Wide-Area Operations
(Cooperation among Electricity Utilities)
Article 28 Electricity Utilities shall, in the course of implementing electric power development projects, supplying electricity, operating Electric Facilities and performing other business activities, cooperate with one another while appropriately making use of the capabilities of Wholesale Suppliers, so as to contribute to the comprehensive and reasonable development of Electricity Businesses through wide-area operations.
(Supply Plan)
Article 29 An Electricity Utility (excluding a Specified Electricity Utility and Specified-Scale Electricity Utility; hereinafter the same shall apply in this Article) shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, prepare each business year a plan on the supply of electricity and the installation and operation of Electric Facilities for such a period from the said business year as specified by an Ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to as a "Supply Plan") and notify the Minister of Economy, Trade and Industry of the plan prior to the start of the business year.
(2) An Electricity Utility shall, when having revised the Supply Plan, notify the Minister of Economy, Trade and Industry of the revised matters without delay.
(3) The Minister of Economy, Trade and Industry may, when he/she finds that the Supply Plan is not appropriate for realizing the comprehensive and reasonable development of Electricity Businesses through wide-area operations, recommend that the Electricity Utility should revised the Supply Plan.
(4) Where the Minister of Economy, Trade and Industry has made recommendations pursuant to the preceding paragraph, he/she may, when deeming it particularly necessary and appropriate, order the Electricity Utility to take the following measures; provided, however, that the Minister shall not order a Wholesale Electricity Utility to take the measure set forth in item 3.
(i) Supply electricity to a General Electricity Utility.
(ii) Provide a Cross-Area Wheeling Service.
(iii) Receive electricity supply.
(iv) Lease Electric Facilities to or from an Electricity Utility or share Electric Facilities with an Electricity Utility.
Subsection 3 Supervision
(Order for Improvement of Operational Procedure)
Article 30 The Minister of Economy, Trade and Industry may, when a General Electricity Utility or Specified Electricity Utility fails to make the necessary repairs or take other measures immediately to eliminate any stoppage to the electricity supply arising from an accident or he/she finds that the interest of electricity users is adversely affected because the General Electricity Utility's or Specified Electricity Utility's operational procedure for supplying electricity is inappropriate, order the General Electricity Utility or Specified Electricity Utility to improve the operational procedure.
(Supply Order, etc.)
Article 31 In the event of a disaster or other emergency, the Minister of Economy, Trade and Industry may, when he/she finds it particularly necessary and appropriate in order to secure public interest, order an Electricity Utility to take the following measures; provided, however, that the Minister shall not order a Wholesale Electricity Utility to take the measure set forth in item 3.
(i) Supply electricity to a General Electricity Utility, Specified Electricity Utility or Specified-Scale Electricity Utility.
(ii) Provide a Cross-Area Wheeling Service to an Electricity Utility.
(iii) Receive electricity supply from an Electricity Utility.
(iv) Lease Electric Facilities to or from an Electricity Utility or share Electric Facilities with an Electricity Utility.
(2) Where an order has been issued pursuant to the preceding paragraph, the amount payable or receivable by each party concerned and other details on the execution of the order shall be determined by consultation between the parties.
Article 32 When the parties have failed to consult as set forth in paragraph 2 of the preceding Article or reach an agreement through consultation, either party may apply for an award by the Minister of Economy, Trade and Industry.
(2) The Minister of Economy, Trade and Industry shall, when having received an application for award filed under the preceding paragraph, notify the other party to that effect and provide that party with the opportunity to submit a written answer within a designated period.
(3) The Minister of Economy, Trade and Industry shall, when having issued an award pursuant to paragraph 1, notify the parties concerned to that effect without delay.
(4) Where an award been issued pursuant to paragraph 1, it shall be deemed that the parties concerned have reached an agreement through consultation as determined by the award.
Article 33 Either party that is dissatisfied with the amount payable or receivable by that party as determined by an award issued under paragraph 1 of the preceding Article may, within six months from the day when the party is notified of the award, file a suit to request an increase or decrease of the amount.
(2) The suit set forth in the preceding paragraph shall be filed against the other party.
(3) An objection to an award issued under paragraph 1 of the preceding Article shall not be made by reason of dissatisfaction with the amount payable or receivable by the party
Section 3 Accounting and Finance
(Keeping of Accounts, etc.)
Article 34 An Electricity Utility (excluding a Specified-Scale Electricity Utility; hereinafter the same shall apply in the next paragraph, Article 35 and Article 36, paragraph 1) shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, keep accounts by establishing its business year and classification of items of accounts, as well as forms of balance sheets, profit and loss statements, and other statements on finance and accounting.
(2) An Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, submit statements on finance and accounting prescribed in the preceding paragraph to the Minister of Economy, Trade and Industry after the end of each business year.
(Keeping of Accounts by Category of Service of General Electricity Utility)
Article 34-2 A General Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, keep accounts by category of service as follows.
(i) Service for supplying electricity to meet Specified-Scale Demand.
(ii) Service for supplying electricity to meet general demand (excluding, however, such service listed in the preceding item).
(iii) Services other than those listed in the preceding two items.
(2) A General Electricity Utility shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, submit documents stating the status of income and expenditure for each category of service prescribed in the preceding paragraph to the Minister of Economy, Trade and Industry after the end of each business year.
(Depreciation, etc.)
Article 35 The Minister of Economy, Trade and Industry may, when he/she finds it particularly necessary in order to ensure the proper performance of an Electricity Business (excluding a Specified-Scale Electricity Business; hereinafter the same shall apply in this Article and the next Article), order the Electricity Utility to record a reasonable amount of depreciation of fixed assets used for the Electricity Business by specifying a method or amount or set aside reserves or allowances by specifying a method or amount.
(Drought Reserve)
Article 36 Where an Electricity Utility has achieved, each business year, an increase in income from the Electricity Business or decrease in expenditure for the Electricity Business because the quantity of electricity generated at a hydraulic power plant has surpassed the quantity specified by an Ordinance of the Ministry of Economy, Trade and Industry due to an increase in river discharge, the Electricity Utility shall set aside the amount of increase or decrease as drought reserves up to the amount specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) Except when permitted by the Minister of Economy, Trade and Industry for special reasons, the drought reserves accumulated under the preceding paragraph shall not be disposed of for purposes other than appropriating them to cover a decrease in income from the Electricity Business or an increase in expenditure for the Electricity Business that has occurred each business year because the quantity of electricity generated at the hydraulic power plant has been less than the quantity specified by an Ordinance of the Ministry of Economy, Trade and Industry as a result of a decrease in river discharge.
(3) The method of calculating the amount of increase or decrease in income or expenditure prescribed in the preceding two paragraphs shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(General Security)
Article 37 Bondholders for a corporation acting as a General Electricity Utility (excluding, however, short-term bondholders prescribed in Article 66, item 1 of the Act on Transfer of Bonds, etc. (Act No. 75 of 2001)) shall have the right to receive payment of their claims from the corporation's property in preference to other creditors.
(2) The rank of the statutory lien set forth in the preceding paragraph shall be the second to general statutory lien prescribed in the Civil Code (Act No. 89 of 1896).
Chapter 3 Electric Facilities
Section 1 Definitions
Article 38 The term "Electric Facilities for General Use" as used in this Act shall mean the following Electric Facilities; provided, however, that it shall not include those installed in the same premises (including areas similar thereto; hereinafter the same shall apply) together with Electric Facilities for electricity generation other than Small Capacity Generation Facilities, or those installed at places specified by an Ordinance of the Ministry of Economy, Trade and Industry where, due to the existence of explosive or inflammable substances, there is high risk of the occurrence of an accident from Electric Facilities.
(i) Electric Facilities for receiving electricity from another person at a voltage lower than that specified by an Ordinance of the Ministry of Economy, Trade and Industry and using the electricity thus received at the same premises where it has been received (including Small Capacity Generation Facilities installed in the same premises and electrically connected with such Electric Facilities), which are electrically connected with Electric Facilities installed outside the premises only via the electric lines used for receiving electricity.
(ii) Small Capacity Generation Facilities installed at the premises (including Electric Facilities installed at the same premises and electrically connected with such generation facilities for using electricity), which are electrically connected with Electric Facilities installed outside the premises only via the electric lines used by another person at the said premises for receiving electricity at a voltage lower than that specified by an Ordinance of the Ministry of Economy, Trade and Industry under the preceding item.
(iii) Electric Facilities specified by an Ordinance of the Ministry of Economy, Trade and Industry as similar to what is listed in the preceding two items.
(2) The term "Small Capacity Generation Facilities" as used in the preceding paragraph shall mean Electric Facilities for electricity generation at a voltage lower than that specified by an Ordinance of the Ministry of Economy, Trade and Industry, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) The term "Electric Facilities for Business Use" as used in this Act shall mean Electric Facilities other than Electric Facilities for General Use.
(4) The term "Electric Facilities for Private Use" as used in this Act shall mean Electric Facilities other than Electric Facilities used for an Electricity Business and Electric Facilities for General Use.
Section 2 Electric Facilities for Business Use
Subsection 1 Conformity to Technical Standards
(Maintenance of Electric Facilities for Business Use)
Article 39 A person who installs Electric Facilities for Business Use shall maintain the Electric Facilities for Business Use to ensure that they conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) The Ordinance of the Ministry of Economy, Trade and Industry set forth in the preceding paragraph shall be formulated in accordance with the following.
(i) Electric Facilities for Business Use shall not cause bodily harm nor inflict damage to objects.
(ii) Electric Facilities for Business Use shall not cause electric nor magnetic interference with the functioning of other electric equipment or objects.
(iii) Damage to Electric Facilities for Business Use shall not significantly hinder the supply of electricity by a General Electricity Utility.
(iv) Where Electric Facilities for Business Use are used for a General Electricity Business, damage to the Electric Facilities for Business Use shall not significantly hinder the supply of electricity pertaining to the General Electricity Business.
(Order for Conformity to Technical Standards)
Article 40 The Minister of Economy, Trade and Industry may, when he/she finds that Electric Facilities for Business Use do not conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under paragraph 1 of the preceding Article, order the person who installs the Electric Facilities for Business Use to repair or alter the Electric Facilities for Business Use to ensure conformity to the technical standards, or order the person to relocate the facilities or suspend the use of them, or restrict the person from using the facilities.
(Sharing of Expense, etc.)
Article 41 Where Electric Facilities for Business Use have ceased to conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1 as a result of the installation of electric equipment or other objects owned by another person (excluding, however, those specified by a Cabinet Order), necessary measures to be taken to ensure conformity to the technical standards or the method of sharing expenses for such measures shall be determined through consultation between the parties; provided, however, that where the method of sharing expenses is specified by a Cabinet Order, such method shall apply.
(2) The provisions of Article 32 and Article 33 shall apply mutatis mutandis where the parties have failed to consult as set forth in the preceding paragraph or reach an agreement through consultation.
(3) The Minister of Economy, Trade and Industry shall, when he/she intends to issue an award under Article 32, paragraph 1 as applied mutatis mutandis pursuant to the preceding paragraph, consult with the ministers concerned in advance pursuant to the provision of a Cabinet Order.
Subsection 2 Independent Safety Measures
(Safety Regulations)
Article 42 A person who installs Electric Facilities for Business Use shall, in order to ensure safety of the construction, maintenance and operation of the Electric Facilities for Business Use, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, establish safety regulations for each organization in charge of the Electric Facilities for Business Use the safety of which should be secured uniformly, and notify the Minister of Economy, Trade and Industry of the regulations before the commencement of the use of the Electric Facilities for Business Use by the organization (in the case of facilities requiring self-inspection set forth in Article 50-2, paragraph 1 or operator's inspection set forth in Article 52, paragraph 1, before the commencement of the construction of the facilities).
(2) A person who installs Electric Facilities for Business Use shall, when having revised the safety regulations, notify the Minister of Economy, Trade and Industry of the revised matters without delay.
(3) The Minister of Economy, Trade and Industry may, when he/she finds it necessary in order to ensure safety of the construction, maintenance, and operation of Electric Facilities for Business Use, order the person who installs the Electric Facilities for Business Use to revise the safety regulations.
(4) A person who installs Electric Facilities for Business Use and employees thereof shall observe the safety regulations.
(Chief Engineer)
Article 43 A person who installs Electric Facilities for Business Use shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, appoint one or more chief engineers from among persons who have a chief engineer's license in order to cause him/her to supervise the safety of the construction, maintenance, and operation of the facilities.
(2) Notwithstanding the provision of the preceding paragraph, a person who installs Electric Facilities for Private Use may, when permitted by the Minister of Economy, Trade and Industry, appoint a person who does not have a chief engineer's license as a chief engineer.
(3) A person who installs Electric Facilities for Business Use shall, when having appointed a chief engineer (excluding, however, the case of an appointment permitted under the preceding paragraph), notify the Minister of Economy, Trade and Industry to that effect without delay. The same shall apply when such person has dismissed the chief engineer.
(4) The chief engineer shall perform the duty of supervising the safety of the construction, maintenance, and operation of Electric Facilities for Business Use in good faith.
(5) People who are engaged in the construction, maintenance or operation of Electric Facilities for Business Use shall follow the instructions given by the chief engineer to ensure the safety thereof.
(Chief Engineer's License)
Article 44 The types of chief engineer's license shall be as follows.
(i) First-Class Chief Electricity Engineer's License
(ii) Second-Class Chief Electricity Engineer's License
(iii) Third-Class Chief Electricity Engineer's License
(iv) First-Class Chief Dam/Waterway Engineer's License
(v) Second-Class Chief Dam/Waterway Engineer's License
(vi) First-Class Chief Boiler/Turbine Engineer's License
(vii) Second-Class Chief Boiler/Turbine Engineer's License
(2) A chief engineer's license shall be granted by the Minister of Economy, Trade and Industry to persons who fall under any of the following.
(i) A person who holds the academic record or qualification and work experience specified by an Ordinance of the Ministry of Economy, Trade and Industry for each type of chief engineer's license.
(ii) With respect to the types of chief engineer's license listed in items 1 to 3 of the preceding paragraph, a person who has passed an examination for a chief electricity engineer's license.
(3) The Minister of Economy, Trade and Industry may choose not to grant a chief engineer's license to persons who fall under any of the following.
(i) A person who was ordered to return the chief engineer's license pursuant to the next paragraph, before the elapse of a period of one year since the person was thus ordered.
(ii) A person who was sentenced to a fine or severer punishment for violation of this Act or any order issued under this Act, before the elapse of a period of two years since the person served out the sentence or ceased to be subject to the sentence.
(4) Where a person who has a chief engineer's license has violated this Act or any order issued under this Act, the Minister of Economy, Trade and Industry may order that person to return the chief engineer's license.
(5) The scope of the construction, maintenance and operation of the Electric Facilities for Business Use for which a person who has a chief engineer's license is in charge of safety supervision as well as the procedural matters concerning the grant of a chief engineer's license shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(Entrustment of Licensing Affairs)
Article 44-2 The Minister of Economy, Trade and Industry may, pursuant to the provision of a Cabinet Order, entrust the whole or a part of the affairs concerning chief engineer's licenses (limited, however, to those listed in items 1 to 3 of paragraph 1 of the preceding Article) to a Designated Examining Body set forth in paragraph 2 of the next Article (these affairs shall not include the affairs concerning the return of a chief engineer's license nor other affairs specified by a Cabinet Order; hereinafter referred to as "Licensing Affairs").
(2) Current or former officers or employees of a Designated Examining Body entrusted with the Licensing Affairs under the preceding paragraph shall not divulge any secrets that they have become aware of in the course of administering the entrusted Licensing Affairs.
(Examination for Chief Electricity Engineer's License)
Article 45 An examination for a chief electricity engineer's license shall be conducted by the Minister of Economy, Trade and Industry for each type of chief engineer's license with respect to the knowledge and skills required for ensuring safety in the construction, maintenance and operation of Electric Facilities for Business Use.
(2) The Minister of Economy, Trade and Industry may designate a person (hereinafter referred to as a "Designated Examining Body") and cause such person to administer the affairs concerning an examination for a chief electricity engineer's license (hereinafter referred to as "Examination Affairs").
(3) The subjects of an examination for a chief electricity engineer's license, procedure for participating in the examination and other details concerning the examination for a chief electricity engineer's license shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.
Article 46 Deleted
Subsection 2-2 Special Provisions Concerning Environmental Impact Assessment3
(Environmental Impact Assessment on Electric Facilities for Business Use)
Article 46-2 An environmental impact assessment prescribed in Article 2, paragraph 1 of the Environmental Impact Assessment Act (Act No. 81 of 1997) on a construction project4 to install or modify Electric Facilities for Business Use that falls under the category of Class 1 Projects prescribed in paragraph 2 of the said Article or the category of Class 2 Projects prescribed in paragraph 3 of the said Article (hereinafter referred to as an "Environmental Impact Assessment") and relevant procedures shall be as provided for by the said Act and this Subsection.
(Environmental Impact Assessment by Simple Procedure)
Article 46-3 A person who intends to implement a construction project to install or modify Electric Facilities for Business Use that falls under the category of Class 2 Projects prescribed in Article 2, paragraph 3 of the Environmental Impact Assessment Act shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, state in a document set forth in the first sentence of paragraph 1 of Article 4 of the said Act, the matters prescribed in the first sentence of the said paragraph as well as the results of an Environmental Impact Assessment conducted by a simple procedure specified by an Ordinance of the Ministry of Economy, Trade and Industry for the a construction project.
(Preparation of Scoping Document)
Article 46-4 A person who intends to implement a construction project to install or modify Electric Facilities for Business Use that falls under the category of relevant projects prescribed in Article 2, paragraph 4 of the Environmental Impact Assessment Act (such projects shall hereinafter be referred to as "Specific Relevant Projects," and such a person shall hereinafter be referred to as a "Specific Proponent") shall state in a scoping document concerning an environmental impact assessment set forth in Article 5, paragraph 1 of the said Act (hereinafter be referred to as a "Scoping Document") the items to be considered in an Environmental Impact Assessment of the Specific Relevant Project as well as the survey, prediction and assessment methods to be employed, notwithstanding the provision of item 4 of the said paragraph.
(Submission of Scoping Document)
Article 46-5 A Specific Proponent shall, when submitting a Scoping Document pursuant to Article 6, paragraph 1 of the Environmental Impact Assessment Act, also submit the document to the Minister of Economy, Trade and Industry.
(Submission of Outline of Comments on Scoping Document)
Article 46-6 A Specific Proponent shall state in a document set forth in Article 9 of the Environmental Impact Assessment Act the matters prescribed in the said Article as well as the proponent's view on the comments given under Article 8, paragraph 1 of the said Act.
(2) A Specific Proponent shall, when submitting documents pursuant to Article 9 of the Environmental Impact Assessment Act, also submit the documents to the Minister of Economy, Trade and Industry.
(Comments of Prefectural Governor on Scoping Document)
Article 46-7 Comments of a prefectural governor set forth in Article 10, paragraph 1 of the Environmental Impact Assessment Act that relate to a Specific Relevant Project shall, notwithstanding the provision of the said paragraph, be submitted to the Minister of Economy, Trade and Industry instead of the proponent, as comments to be given under the said paragraph.
(2) A prefectural governor shall submit comments set forth in Article 10, paragraph 1 of the Environmental Impact Assessment Act that relate to a Specific Relevant Project pursuant to paragraph 3 of the said Article, while giving due consideration to the proponent's views stated in the document set forth in Article 9 of the said Act pursuant to paragraph 1 of the preceding Article.
(Recommendations on Scoping Document)
Article 46-8 Where a Scoping Document has been submitted pursuant to Article 46-5, and the Minister of Economy, Trade and Industry finds it necessary in order to examine the Scoping Document and ensure that due consideration will be given to environmental preservation in the Specific Relevant Project pertaining to the Scoping Document, while taking into account the outline of the prefectural governor's comments given under Article 10, paragraph 1 of the Environmental Impact Assessment Act as well as the outline of the comments under Article 8, paragraph 1 of the said Act and the proponent's views thereon, which are submitted pursuant to Article 46-6, paragraph 2, the Minister may, within a period specified by an Ordinance of the Ministry of Economy, Trade and Industry from the day when the submission made under Article 46-5 is received, make necessary recommendations to the Specific Proponent regarding the items to be considered in an Environmental Impact Assessment on the Specific Relevant Project as well as the survey, prediction and assessment methods to be employed.
(2) The Minister of Economy, Trade and Industry shall, when he/she finds it unnecessary to make recommendations pursuant to the preceding paragraph, notify the Specific Proponent to that effect without delay.
(3) The Minister of Economy, Trade and Industry shall, when he/she makes recommendations pursuant to paragraph 1 or gives notification pursuant to the preceding paragraph, also send a copy of the document set forth in Article 10, paragraph 1 of the Environmental Impact Assessment Act to the Specific Proponent.
(Selection of Items of Environmental Impact Assessment, etc.)
Article 46-9 Where recommendations have been made pursuant to paragraph 1 of the preceding Article, the Specific Proponent shall make a review pursuant to Article 11, paragraph 1 of the Environmental Impact Assessment Act, while taking into account pursuant to the said paragraph, the comments given under Article 10, paragraph 1 of the said Act as well as the comments given under Article 8, paragraph 1 of the said Act, and referring to the recommendations.
(Preparation of Draft Environmental Impact Statement)
Article 46-10 A Specific Proponent shall state in a draft environmental impact statement set forth in Article 14, paragraph 1 of the Environmental Impact Assessment Act (hereinafter referred to as a "Draft EIS") the matters listed in the items of the said paragraph as well as the content of the recommendations made under Article 46-8, paragraph 1.
(Submission of Draft EIS)
Article 46-11 A Specific Proponent shall, when submitting a draft EIS pursuant to Article 15 of the Environmental Impact Assessment Act, also submit the draft EIS and a summary thereof to the Minister of Economy, Trade and Industry.
(Submission of Outline of Comments on Draft EIS, etc.)
Article 46-12 A Specific Proponent shall, when submitting the documents set forth in Article 19 of the Environmental Impact Assessment Act, also submit the documents to the Minister of Economy, Trade and Industry.
(Comments of Relevant Prefectural Governor on Draft EIS)
Article 46-13 Comments of a relevant prefectural governor set forth in Article 20, paragraph 1 of the Environmental Impact Assessment Act that relate to a Specific Relevant Project shall, notwithstanding the provision of the said paragraph, be submitted to the Minister of Economy, Trade and Industry instead of the proponent, as comments to be given under the said paragraph.
(Recommendations on Draft EIS)
Article 46-14 Where a Draft EIS has been submitted pursuant to Article 46-11, and the Minister of Economy, Trade and Industry finds it necessary in order to examine the draft EIS and ensure that due consideration will be given to environmental preservation in the Specific Relevant Project pertaining to the draft EIS, while taking into account the relevant prefectural governor's comments given under Article 20, paragraph 1 of the Environmental Impact Assessment Act as well as the outline of the comments under Article 18, paragraph 1 of the said Act and the proponent's views thereon, which are submitted pursuant to Article 46-12, the Minister may, within a period specified by an Ordinance of the Ministry of Economy, Trade and Industry from the day when the submission made under Article 46-11 is received, make necessary recommendations to the Specific Proponent regarding an Environmental Impact Assessment on the Specific Relevant Project.
(2) The Minister of Economy, Trade and Industry shall, when he/she conducts an examination pursuant to the preceding paragraph, consult with the Minister of the Environment from the standpoint of preserving the environment.
(3) The Minister of Economy, Trade and Industry shall, when he/she finds it unnecessary to make recommendations pursuant to paragraph 1, notify the Specific Proponent to that effect without delay.
(4) The Minister of Economy, Trade and Industry shall, when he/she makes recommendations pursuant to paragraph 1 or gives notification pursuant to the preceding paragraph, also send a copy of the document set forth in Article 20, paragraph 1 of the Environmental Impact Assessment Act to the Specific Proponent.
(Preparation of Environmental Impact Statement)
Article 46-15 Where recommendations have been made pursuant to paragraph 1 of the preceding Article, the Specific Proponent shall make a review pursuant to Article 21, paragraph 1 of the Environmental Impact Assessment Act, while taking into account pursuant to the said paragraph, the comments given under Article 20, paragraph 1 of the said Act as well as the comments given under Article 18, paragraph 1 of the said Act, and referring to the recommendations.
(2) A Specific Proponent shall state in an environmental impact statement set forth in Article 21, paragraph 2 of the Environmental Impact Assessment Act (hereinafter referred to as an "EIS") the matters listed in the items of the said paragraph as well as the content of the recommendations made under paragraph 1 of Article 46-8 and paragraph 1 of the preceding Article.
(Submission of EIS)
Article 46-16 A Specific Proponent shall, when having prepared an EIS pursuant to Article 21, paragraph 2 of the Environmental Impact Assessment Act, submit the EIS to the Minister of Economy, Trade and Industry. The same shall apply where the Specific Proponent has revised the EIS in response to an order issued under paragraph 1 of the next Article.
(Order of Revision)
Article 46-17 When the Minister of Economy, Trade and Industry finds it necessary and appropriate in order to ensure that due consideration will be given to environmental preservation in the Specific Relevant Project pertaining to the EIS submitted under the preceding Article, he/she may, within a period specified by an Ordinance of the Ministry of Economy, Trade and Industry from the day when the submission made under the said Article is received, order the Specific Proponent to revise the EIS, within a reasonable time limit set by the Minister of Economy, Trade and Industry.
(2) The Minister of Economy, Trade and Industry shall, when he/she finds it unnecessary to issue an order pursuant to the preceding paragraph, notify the Specific Proponent to that effect without delay.
(Submission of EIS)
Article 46-18 The Minister of Economy, Trade and Industry shall, when having given notification pursuant to paragraph 2 of the preceding Article, send a copy of the EIS to which the notification pertained to the Minister of the Environment.
(2) The Specific Proponent shall, when having received notification pursuant to paragraph 2 of the preceding Article, promptly submit to the relevant prefectural governor (s) and relevant mayor (s) prescribed in Article 15 of the Environmental Impact Assessment Act the EIS to which the notification pertained, a summary thereof, and a document stating the content of the order issued under paragraph 1 of the preceding Article.
(Making EIS Public and Available for Public Inspection)
Article 46-19 In the case of the application of Article 27 of the Environmental Impact Assessment Act to a Specific Proponent, the phrase "made submission or notification pursuant to Article 25, paragraph 3" in the said Article shall be deemed to be replaced with "received notification pursuant to Article 46-17, paragraph 2 of the Electricity Business Act," the term "EIS" shall be deemed to be replaced with "EIS to which the notification pertained," and the phrase "EIS, summary, and a document set forth in Article 24" shall be deemed to be replaced with "EIS to which the notification pertained, a summary thereof, and a document stating the content of the order issued under paragraph 1 of the said Article."
(Consideration of Environmental Preservation)
Article 46-20 A Specific Proponent shall implement a Specific Relevant Project while giving due consideration to environmental preservation pursuant to Article 38, paragraph 1 of the Environmental Impact Assessment Act, and shall maintain and operate the Electric Facilities for Business Use pertaining to the Specific Relevant Project while giving due consideration to environmental preservation based on the content of the EIS to which the notification given under Article 46-17, paragraph 2 pertained.
(Technical Replacement of Terms and Phrases upon Application of the Environmental Impact Assessment Act)
Article 46-21 In addition to what is provided for in this Subsection, the technical replacement of terms and phrases upon applying the Environmental Impact Assessment Act to a Specific Proponent and other necessary matters concerning the application of the said Act to a Specific Proponent shall be specified by a Cabinet Order.
(Exclusion from Application of the Environmental Impact Assessment Act)
Article 46-22 The provisions of Articles 22 to 26 and Articles 33 to 37 of the Environmental Impact Assessment Act shall not apply to a Specific Relevant Project to be implemented by a Specific Proponent.
Subsection 3 Construction Plan and Inspection
(Construction Plan)
Article 47 A person who intends to implement a construction project to install or modify Electric Facilities for Business Use, when such construction project has been specified by an Ordinance of the Ministry of Economy, Trade and Industry as being particularly important for assuring public safety, shall obtain approval of the plans for the construction project from the Minister of Economy, Trade and Industry; provided, however, that this shall not apply to any unavoidable temporary work to be implemented in the event of loss of or damage to Electric Facilities for Business Use or in the event of a disaster or other emergency.
(2) A person who has obtained approval under the preceding paragraph and intends to revise the approved construction plan shall obtain approval of the revision from the Minister of Economy, Trade and Industry; provided, however, that this shall not apply to any minor revision specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) The Minister of Economy, Trade and Industry shall, when he/she finds that the construction plan to which the application for approval under the preceding two paragraphs pertained conforms to all of the following items, grant approval under the preceding two paragraphs.
(i) The Electric Facilities for Business Use conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1.
(ii) Where the Electric Facilities for Business Use are used for a General Electricity Business, the Electric Facilities for Business Use are technically appropriate for securing the smooth supply of electricity.
(iii) In the case of a construction plan for a Specific Relevant Project, the plan is in accordance with the EIS to which the notification given under Article 46-17, paragraph 2 pertained with respect to the Specific Relevant Project.
(iv) In the case of a construction plan for a Class 2 Project prescribed in Article 2, paragraph 3 of the Environmental Impart Assessment Act (excluding a Specific Relevant Project), the measures set forth in Article 4, paragraph 3, item 2 of the said Act (including the cases where it is applied mutatis mutandis pursuant to paragraph 4 of the said Article and paragraph 2 of Article 29 of the said Act) have been taken.
(4) In the case referred to in the proviso of paragraph 1, a person who installs Electric Facilities for Business Use shall, after having commenced the construction project, notify the Minister of Economy, Trade and Industry to that effect without delay.
(5) In the case referred to in the proviso of paragraph 2, a person who has obtained approval under paragraph 1 shall, after having revised the construction plan, notify the Minister of Economy, Trade and Industry of the revised construction plan without delay; provided, however, that this shall not apply to the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry.
Article 48 A person who intends to implement a construction project to install or modify Electric Facilities for Business Use (excluding, however, those specified by an Ordinance of the Ministry of Economy, Trade and Industry under paragraph 1 of the preceding Article), which is specified by an Ordinance of the Ministry of Economy, Trade and Industry, shall notify the Minister of Economy, Trade and Industry of the plan of the construction project. The same shall apply where the person intends to revise the construction plan (excluding, however, any minor revision specified by an Ordinance of the Ministry of Economy, Trade and Industry).
(2) The person who has given notification pursuant to the preceding paragraph shall not commence the construction project to which the notification pertained until 30 days have elapsed from the day when the notification was received.
(3) The Minister of Economy, Trade and Industry may, when he/she finds that the construction plan for which notification was given pursuant to paragraph 1 conforms to all of the following items, shorten the period prescribed in the preceding paragraph.
(i) The requirements listed in the items of paragraph 3 of the preceding Article
(ii) In the case of a construction project concerning Electric Facilities for Business Use for electricity generation by means of hydraulic power, the Electric Facilities for Business Use are technically appropriate for assuring the effective utilization of hydraulic power for electricity generation.
(4) When the Minister of Economy, Trade and Industry finds that the construction plan for which notification was given pursuant to paragraph 1 fails to conform to any of the items of the preceding paragraph, he/she may, within 30 days from the day when the notification is received (if the period prescribed in paragraph 2 has been extended pursuant to the next paragraph, the extended period), order the person who has given the notification to revise or abolish the construction plan.
(5) The Minister of Economy, Trade and Industry may, when he/she has reasonable grounds for believing that it will take a considerable period of time to examine whether or not the construction plan for which notification was given pursuant to paragraph 1 conforms to the items of paragraph 3 and that such examination will not be completed within the period prescribed in paragraph 2, extend the period up to a period of time that he/she considers reasonable. In this case, the Minister of Economy, Trade and Industry shall notify the person who has given the notification of the extended period and the reason for extension without delay.
(Pre-use Inspection)
Article 49 Electric Facilities for Business Use to be installed or modified according to a construction plan approved under Article 47, paragraph 1 or paragraph 2 or Electric Facilities for Business Use to be installed or modified according to a construction plan for which notification was given pursuant to paragraph 1 of the preceding Article (in the case where an order has been issued with respect to the construction plan relating to Electric Facilities pursuant to paragraph 4 of the said Article, but notification has not yet been given pursuant to paragraph 1 of the said Article, such facilities shall be excluded), which are specified by an Ordinance of the Ministry of Economy, Trade and Industry as being particularly important for ensuring public safety (hereinafter referred to as "Specific Electric Facilities for Business Use" in paragraph 3) shall not be used unless and until they undergo and pass an inspection conducted by the Minister of Economy, Trade and Industry with respect to the construction project pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry; provided, however, that this shall not apply to the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) Electric Facilities for Business Use that conform to all of the following items shall pass the inspection set forth in the preceding paragraph.
(i) The construction project for the facilities has been implemented according to the construction plan approved under Article 47, paragraph 1 or paragraph 2 (including such plan following any minor revision specified by an Ordinance of the Ministry of Economy, Trade and Industry under the proviso of the said paragraph) or the construction plan for which notification was given pursuant to paragraph 1 of the preceding Article (including such plan following any minor revision specified by an Ordinance of the Ministry of Economy, Trade and Industry under the second sentence of the said paragraph).
(ii) The facilities conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1.
(3) The Minister of Economy, Trade and Industry shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, cause the Japan Nuclear Energy Safety Organization (hereinafter referred to as the "JNES") to perform part of the affairs concerning the inspection set forth in paragraph 1 as to whether or not the Specific Electric Facilities for Business Use for electricity generation by means of nuclear power, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry, conform to all of the items of the preceding paragraph.
(4) The JNES shall, when having administered part of the affairs concerning the inspection pursuant to the preceding paragraph, notify the Minister of Economy, Trade and Industry of the inspection results without delay pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
Article 50 Where the Minister of Economy, Trade and Industry has conducted the inspection pursuant to paragraph 1 of the preceding Article with respect to the Electric Facilities for Business Use prescribed in the said paragraph and finds it unavoidable, he/she may regard the Electric Facilities for Business Use as having provisionally passed the inspection, designating the period and method of use thereof.
(2) Notwithstanding the provision of paragraph 1 of the preceding Article, Electric Facilities for Business Use regarded as having provisionally passed the inspection pursuant to the preceding paragraph shall not be precluded from being used within the period specified under the preceding paragraph by the method specified under the said paragraph.
(Pre-use Safety Management Inspection)
Article 50-2 A person who installs Electric Facilities for Business Use to be installed or modified according to the construction plan for which notification was given pursuant to Article 48, paragraph 1 (in the case where an order has been issued with respect to the construction plan relating to Electric Facilities pursuant to paragraph 4 of the said Article, but notification has not yet been given pursuant to paragraph 1 of the said Article, such facilities shall be excluded; the facilities specified by an Ordinance of the Ministry of Economy, Trade and Industry under Article 49, paragraph 1 shall also be excluded), which are specified by an Ordinance of the Ministry of Economy, Trade and Industry, shall conduct a self-inspection of the Electric Facilities for Business Use before commencing the use thereof, record the inspection results, and preserve such records, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
(2) In the self-inspection set forth in the preceding paragraph (hereinafter referred to as the "Pre-use Self-Inspection"), it is necessary to confirm that the Electric Facilities for Business Use conform to all of the following items.
(i) The construction project for the facilities has been implemented according to the construction plan for which notification was given pursuant to Article 48, paragraph 1 (including such plan following any minor revision specified by an Ordinance of the Ministry of Economy, Trade and Industry under the second sentence of the said paragraph).
(ii) The facilities conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1.
(3) A person who installs Electric Facilities for Business Use subject to a Pre-use Self-Inspection shall, within the period specified by an Ordinance of the Ministry of Economy, Trade and Industry (in the case where notification has been given under paragraph 7, the period specified by an Ordinance of the Ministry of Economy, Trade and Industry depending on the past evaluation of the Pre-use Self-Inspection to which the notification pertained), submit the system for conducting a Pre-use Self-Inspection to undergo examination by a person registered by the Minister of Economy, Trade and Industry in the case where the person installs Electric Facilities for Business Use specified by an Ordinance of the Ministry of Economy, Trade and Industry, or examination by the Minister of Economy, Trade and Industry in the case of other persons.
(4) The examination set forth in the preceding paragraph shall be conducted, in accordance with the principle of ensuring safety management for Electric Facilities for Business Use, with respect to the organization in charge of a Pre-use Self-Inspection, inspection methods, process control, and other matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(5) A person registered by the Minister of Economy, Trade and Industry under paragraph 3 shall, when having completed the examination set forth in the said paragraph, notify the Minister of Economy, Trade and Industry of the examination results pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry without delay.
(6) The Minister of Economy, Trade and Industry shall, based on the results of the examination conducted under paragraph 3 (including the examination results for which notification was given pursuant to the preceding paragraph), comprehensively evaluate the system for conducting a Pre-use Self-Inspection submitted by the person who installs the Electric Facilities for Business Use.
(7) The Minister of Economy, Trade and Industry shall notify the person who has undergone the examination under paragraph 3 of the results of the examination as well as the results of the evaluation set forth in the preceding paragraph.
(Fuel Assembly Inspection)
Article 51 Nuclear fuel material to be used as fuel for nuclear reactors for electricity generation (hereinafter referred to as "Fuel Assembly") shall not be used unless and until it undergoes and passes an inspection conducted by the Minister of Economy, Trade and Industry for each processing stage specified by an Ordinance of the Ministry of Economy, Trade and Industry; provided, however, that this shall not apply to the case prescribed in paragraph 3 and the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) A Fuel Assembly that conforms to the following items shall pass the inspection set forth in the preceding paragraph.
(i) The processing of the Fuel Assembly has been implemented based on a design approved in advance by the Minister of Economy, Trade and Industry.
(ii) The Fuel Assembly conforms to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) Any imported Fuel Assembly shall not be used unless and until it undergoes and passes an inspection conducted by the Minister of Economy, Trade and Industry.
(4) A Fuel Assembly that conforms to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under paragraph 2, item 2 shall pass the inspection set forth in the preceding paragraph.
(5) The Minister of Economy, Trade and Industry shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, cause the JNES to administer part of the affairs concerning the inspections set forth in paragraph 1 and paragraph 3.
(6) The JNES shall, when having administered part of the affairs concerning the inspection pursuant to the preceding paragraph, notify the Minister of Economy, Trade and Industry of the inspection results pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry without delay.
(Safety Management Inspection on Welding)
Article 52 A person who installs Electric Facilities falling under the category of boilers, turbines and other machines or appara.uses for electricity generation specified by an Ordinance of the Ministry of Economy, Trade and Industry (hereinafter referred to as "Boilers, etc."), of which some parts under a pressure higher than that specified by an Ordinance of the Ministry of Economy, Trade and Industry (hereinafter be referred to as "Pressure Parts") are to be welded (hereinafter be referred to as "Specific Boilers, etc." in paragraph 3) or Electric Facilities falling under the category of vessels and other machines and appara.uses specified by an Ordinance of the Ministry of Economy, Trade and Industry with respect to nuclear reactors for electricity generation (hereinafter referred to as "Vessels, etc."), which require welding (hereinafter referred to as "Specific Vessels, etc." in paragraph 3), or imported Boilers, etc. of which Pressure Parts are welded (hereinafter referred to as "Imported Specific Boilers, etc." in paragraph 3) or imported Vessels, etc. of which Pressure Parts are welded (hereinafter referred to as "Imported Specific Vessels, etc." in paragraph 3) shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry with respect to welding, conduct an operator's inspection of the Electric Facilities before commencing the use thereof, record the inspection results and preserve such records; provided, however, that this shall not apply to the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) In the inspection set forth in the preceding paragraph (hereinafter referred to as the "Operator's Inspection on Welding"), it is necessary to confirm that the welding conforms to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1.
(3) A person who installs Electric Facilities subject to an Operator's Inspection on Welding shall, within the period specified by an Ordinance of the Ministry of Economy, Trade and Industry (in the case where notification has been given under Article 50-2, paragraph 7 as applied mutatis mutandis pursuant to paragraph 5, the period specified by an Ordinance of the Ministry of Economy, Trade and Industry depending on the past evaluation of the Operator's Inspection on Welding to which the notification pertained), submit the system for conducting an Operator's Inspection on Welding to undergo examination by the JNES in the case where the person installs Specific Boilers, etc. or Imported Specific Boilers, etc. for electricity generation by means of nuclear power which are specified by an Ordinance of the Ministry of Economy, Trade and Industry or Specific Vessels, etc. or Imported Specific Vessels, etc. which are specified by an Ordinance of the Ministry of Economy, Trade and Industry, or examination by a person registered by the Minister of Economy, Trade and Industry in the case of other persons.
(4) The examination set forth in the preceding paragraph shall be conducted, in accordance with the principle of ensuring safety management for Electric Facilities, with respect to the organization in charge of an Operator's Inspection on Welding, inspection methods, process control, and other matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(5) The provisions of Article 50-2, paragraphs 5 to 7 shall apply mutatis mutandis to the examination set forth in paragraph 3. In this case, the phrase "a person registered by the Minister of Economy, Trade and Industry under paragraph 3" in paragraph 5 of the said Article shall be deemed to be replaced with "JNES or a person registered by the Minister of Economy, Trade and Industry under paragraph 3," and the term "Electric Facilities for Business Use" in paragraph 6 of the said Article shall be deemed to be replaced with "Electric Facilities."
(Commencement of Use of Electric Facilities for Private Use)
Article 53 A person who installs Electric Facilities for Private Use shall, after having commenced the use of the Electric Facilities for Private Use, notify the Minister of Economy, Trade and Industry to that effect without delay; provided, however, that this shall not apply to the cases of using Electric Facilities for Private Use for which approval has been granted under Article 47, paragraph 1 or for which notification was given under paragraph 4 of the said Article or paragraph 1 of Article 48 and to the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(Periodic Inspection)
Article 54 A person who installs Specific Important Electric Facilities (which means boilers, turbines and other Electric Facilities for electricity generation, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry as being particularly important for assuring public safety and have some parts under a pressure higher than that specified by an Ordinance of the Ministry of Economy, Trade and Industry, as well as nuclear reactors for electricity generation and auxiliary equipment thereof, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry; hereinafter the same shall apply in the next paragraph) shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, undergo an inspection conducted by the Minister of Economy, Trade and Industry at an interval specified by an Ordinance of the Ministry of Economy, Trade and Industry; provided, however, that this shall not apply to the cases specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) The Minister of Economy, Trade and Industry shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, cause the JNES to administer part of the affairs concerning the inspection set forth in the preceding paragraph, with respect to Specific Important Electric Facilities for electricity generation by means of nuclear power, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) The JNES shall, when having administered part of the affairs concerning the inspection pursuant to the preceding paragraph, notify the Minister of Economy, Trade and Industry of the inspection results pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry without delay.
(Periodic Safety Management Inspection)
Article 55 A person who installs Specific Electric Facilities (which means boilers, turbines and other Electric Facilities for electricity generation, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry and have some parts under a pressure higher than that specified under paragraph 1 of the preceding Article, as well as nuclear reactors for electricity generation and auxiliary equipment thereof, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry; hereinafter the same shall apply) shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, conduct an operator's inspection of the Specific Electric Facilities at periodic intervals, record the inspection results, and preserve such records.
(2) In the inspection set forth in the preceding paragraph (hereinafter referred to as a "Periodic Operator's Inspection"), it is necessary to confirm that the Specific Electric Facilities conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1.
(3) When a person who installs Specific Electric Facilities subject to a Periodic Operator's Inspection finds in the Periodic Operator's Inspection that any parts of the Specific Electric Facilities for electricity generation by means of nuclear power, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry, are no longer likely to conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 39, paragraph 1 after a certain period of time has elapsed, that person shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, estimate the time when such parts will cease to conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under the said paragraph and other matters specified by an Ordinance of the Ministry of Economy, Trade and Industry, record the estimation results and preserve such records, as well as report on the matters specified by an Ordinance of the Ministry of Economy, Trade and Industry to the Minister of Economy, Trade and Industry.
(4) A person who installs Specific Electric Facilities subject to a Periodic Operator's Inspection shall, within the period specified by an Ordinance of the Ministry of Economy, Trade and Industry (in the case where notification has been given under Article 50-2, paragraph 7 as applied mutatis mutandis pursuant to paragraph 6, the period specified by an Ordinance of the Ministry of Economy, Trade and Industry depending on the past evaluation of the Periodic Operator's Inspection to which the notification pertained), submit the system for conducting a Periodic Operator's Inspection to undergo examination by the JNES in the case where that person installs Specific Electric Facilities for electricity generation by means of nuclear power, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry, examination by a person registered by the Minister of Economy, Trade and Industry in the case where the person installs Specific Electric Facilities other than Specific Electric Facilities for electricity generation by means of nuclear power, which are specified by an Ordinance of the Ministry of Economy, Trade and Industry, or examination by the Minister of Economy, Trade and Industry in the case of other persons.
(5) The examination set forth in the preceding paragraph shall be conducted, in accordance with the principle of ensuring safety management for Specific Electric Facilities, with respect to the organization in charge of a Periodic Operator's Inspection, inspection methods, process control, and other matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(6) The provisions of Article 50-2, paragraphs 5 to 7 shall apply mutatis mutandis to the examination set forth in paragraph 4. In this case, the phrase "a person registered by the Minister of Economy, Trade and Industry under paragraph 3" in paragraph 5 of the said Article shall be deemed to be replaced with "JNES or a person registered by the Minister of Economy, Trade and Industry under paragraph 4," and the term "Electric Facilities for Business Use" in paragraph 6 of the said Article shall be deemed to be replaced with "Specific Electric Facilities."
Subsection 4 Succession
(Succession to Status of Person Who Installs Electric Facilities for Business Use)
Article 55-2 In the event of inheritance, merger or demerger of a person who installs Electric Facilities for Business Use (limited, however, to those resulting in the taking over of the Electric Facilities for Business Use), the heir, the juridical person surviving after the merger or the juridical person newly established upon the merger, or the juridical person who has taken over the Electric Facilities for Business Use upon the demerger shall succeed to the status of the person who installs the Electric Facilities for Business Use as prescribed in this Act.
(2) A person who has succeeded to the status of the person who installs Electric Facilities for Business Use pursuant to the preceding paragraph shall, without delay, notify the Minister of Economy, Trade and Industry to that effect, with a document proving such fact.
Section 3 Electric Facilities for General Use
(Order for Conformity to Technical Standards)
Article 56 The Minister of Economy, Trade and Industry may, when he/she finds that Electric Facilities for General Use do not conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry, order the owner or possessor to repair or alter the Electric Facilities for General Use to ensure conformity to the technical standards, to relocate the facilities or suspend the use of them, or restrict the owner or possessor from using the facilities.
(2) The provision of Article 39, paragraph 2 (excluding item 3 and item 4) shall apply mutatis mutandis to an Ordinance of the Ministry of Economy, Trade and Industry set forth in the preceding paragraph.
(Obligation to Investigate)
Article 57 A person who supplies electricity to be used by Electric Facilities for General Use (hereinafter referred to as "Electricity Supplier" in this Article, the next Article, and Article 89) shall, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, investigate whether or not the Electric Facilities for General Use that use the electricity supplied conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under paragraph 1 of the preceding Article; provided, however, that this shall not apply where the person is unable to obtain consent for the entry into the site where the Electric Facilities for General Use are installed from the owner or possessor of the facilities.
(2) When an Electricity Supplier finds, as a result of the investigation conducted under the preceding paragraph, that the Electric Facilities for General Use do not conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under paragraph 1 of the preceding Article, the Electricity Supplier shall, without delay, notify the owner or possessor of the facilities of the measures to be taken to ensure conformity to the technical standards and the possible consequences that might occur if such measures were not taken.
(3) Where the Electricity Supplier fails to conduct an investigation under paragraph 1 or give notification under the preceding paragraph or applies an inappropriate method for investigation or notification, the Minister of Economy, Trade and Industry may order the Electricity Supplier to conduct an investigation or give a notification, or to improve the method for investigation or notification.
(4) An Electricity Supplier shall keep books and state in such books the matters with respect to the affairs concerning the investigation under paragraph 1 and the notification under paragraph 2 specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(5) The books set forth in the preceding paragraph shall be preserved pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
(Entrustment of Investigation Services)
Article 57-2 An Electricity Supplier may entrust a person registered by the Minister of Economy, Trade and Industry (hereinafter referred to as a "Registered Investigation Body") with the task of investigating whether or not the Electric Facilities for General Use that use the electricity supplied by the Electricity Supplier conform to the technical standards established by an Ordinance of the Ministry of Economy, Trade and Industry under Article 56, paragraph 1, and if the Electric Facilities for General Use do not conform to the technical standards, notifying the owner or possessor of the facilities of the measures to be taken to ensure conformity to the technical standards as well as the possible consequences that might occur if such measures were not taken (hereinafter referred to as "Investigation Services").
(2) An Electricity Supplier shall, when having entrusted a Registered Investigation Body with the Investigation Services pursuant to the preceding paragraph, notify the Minister of Economy, Trade and Industry to that effect without delay. The same shall apply when an agreement for entrustment has expired.
(3) The provision of paragraph 1 of the preceding Article shall not apply to the Electric Facilities for General Use for which an Electricity Supplier has entrusted a Registered Investigation Body with Investigation Services pursuant to paragraph 1.
Chapter 4 Use of Land, etc.
(Temporary Use)
Article 58 An Electricity Utility may, when it is necessary and unavoidable, temporarily use another person's land or buildings and other structures affixed thereto (hereinafter referred to as "Land, etc.") for any of the following purposes to the extent that such use does not significantly hinder another person's use of the Land, etc.; provided, however, that the use of buildings and other structures shall be allowed only for the purpose of supporting electric lines (including lines used for communication necessary for the maintenance and operation of electric lines) or auxiliary equipment thereof (hereinafter collectively referred to as "Electric Lines").
(i) Establish a site for storing materials or parking vehicles, an earth dumping site, a work yard, or a tower or cableway for stringing, all of which are required to implement a construction project concerning Electric Lines to be used for an Electricity Business.
(ii) Install Electric Lines for urgent supply of electricity in the event of a natural disaster, incident or other emergency.
(iii) Install markers for the purpose of installing Electric Facilities to be used for an Electricity Business.
(2) An Electricity Utility shall, when intending to use another person's Land, etc. temporarily pursuant to the preceding paragraph, obtain permission from the Minister of Economy, Trade and Industry; provided, however, that this shall not apply to the temporary use for a period not exceeding 15 days in the event of a natural disaster, incident or other emergency.
(3) The Minister of Economy, Trade and Industry shall, when having received an application for permission under the preceding paragraph, notify the owner and possessor of the Land, etc. to that effect and provide them with the opportunity to submit a written opinion.
(4) An Electricity Utility shall, when intending to use another person's Land, etc. temporarily pursuant to paragraph 1, notify the possessor of the Land, etc. in advance; provided, however, that if it is difficult to give notification in advance, it is sufficient for the Electricity Utility to give notification without delay after the commencement of the use.
(5) Where the Land, etc. to be used temporarily under paragraph 1 is in use for residential purpose, consent shall be obtained from the resident.
(6) The period of temporary use under paragraph 1 shall not exceed six months (or one year in the case where provisional Electric Lines have been installed under item 2 of the said paragraph, or temporary use takes place under item 3 of the said paragraph).
(7) A person who enters another person's Land, etc. for the purpose of temporary use under paragraph 1 shall carry a document certifying that that person has obtained permission under paragraph 2, and show such document when requested by any person concerned; provided, however, that this shall not apply to the case referred to in the proviso of the said paragraph.
(Entry)
Article 59 An Electricity Utility may, when it is necessary in order to conduct the taking of measurements or field investigations of Electric Facilities to be used for an Electricity Business, enter another person's land with permission from the Minister of Economy, Trade and Industry.
(2) The provision of paragraph 3 of the preceding Article shall apply mutatis mutandis where an application for permission under the preceding paragraph has been filed.
(3) The provisions of paragraph 4 and paragraph 5 of the preceding Article and the main clause of paragraph 7 of the said Article shall apply mutatis mutandis where an Electricity Utility enters another person's land pursuant to paragraph 1.
(Passage)
Article 60 An Electricity Utility may, when it is necessary in order to implement a construction project with regard to Electric Lines to be used for an Electricity Business or maintain Electric Lines, pass through another person's land.
(2) A person who passes through another person's land pursuant to the preceding paragraph shall carry a certificate of identification and show it when requested by any person concerned.
(3) The provisions of Article 58, paragraph 4 and paragraph 5 shall apply mutatis mutandis where an Electricity Utility passes through another person's land pursuant to paragraph 1.
(Clearing or Transplantation of Plants)
Article 61 Where plants cause or are likely to cause interference with Electric Lines to be used for an Electricity Business or plants cause hindrance to taking measurements or field investigations with regard to Electric Facilities to be used for an Electricity Business or a construction project with regard to Electric Lines to be used for an Electricity Business, an Electricity Utility may, when it is unavoidable, clear or transplant such plants with permission from the Minister of Economy, Trade and Industry.
(2) An Electricity Utility shall, when intending to clear or transplant plants pursuant to the preceding paragraph, notify the owner of the plants in advance; provided, however, that if it is difficult to give notification in advance, it is sufficient for the Electricity Utility to give notification without delay after the clearing or transplantation.
(3) Where plants cause interference with Electric Lines to be used for an Electricity Business and it appears that if such interference were left unaddressed it would significantly damage the Electric Lines, thereby causing serious hindrance to the supply of electricity or cause a fire or other disaster, thereby harming public safety, an Electricity Utility may, notwithstanding the provision of paragraph 1, clear or transplant such plants without permission from the Minister of Economy, Trade and Industry. In this case, the Electricity Utility shall, without delay after the clearing or transplantation, notify the Minister of Economy, Trade and Industry as well as the owner of the plants to that effect.
(4) The provision of Article 58, paragraph 3 shall apply mutatis mutandis where an application for permission under paragraph 1 has been filed.
(Compensation for Loss)
Article 62 An Electricity Utility shall, when having caused any loss from temporarily using another person's Land, etc. pursuant to Article 58, paragraph 1, entering another person's land pursuant to Article 59, paragraph 1, passing through another person's land pursuant to Article 60, paragraph 1, or clearing or transplanting plants pursuant to paragraph 1 or paragraph 3 of the preceding Article, compensate a person who has suffered the loss for any such loss that would generally arise.
Article 63 Where, with respect to compensation for a loss under the preceding Article, the Electricity Utility and the person who has suffered the loss have failed to consult or reach an agreement through consultation, the Electricity Utility or the person who has suffered the loss may apply for an award by the prefectural governor who has jurisdiction over the Land, etc. or the place where the land or the plants causing interference are located.
(2) The provisions of Article 32, paragraphs 2 to 4 and Article 33 shall apply mutatis mutandis to an award set forth in the preceding paragraph. In this case, the term "Minister of Economy, Trade and Industry" in Article 32, paragraph 2 and paragraph 3 shall be deemed to be replaced with "prefectural governor."
(3) An award ordering compensation for a loss shall determine the amount of compensation as well as the time and method of payment thereof.
(Obligation of Recovery)
Article 64 An Electricity Utility shall, when having finished with the temporary use of the Land, etc. pursuant to Article 58, paragraph 1, return the Land, etc. after having recovered the original state of the Land, etc. or having compensated any such loss that would generally arise from non-recovery of the original state.
(Use of Public Land)
Article 65 An Electricity Utility or Wholesale Supplier may, when it is necessary to install Electric Lines to be used for an Electricity Business or Wholesale Supply on a road, bridge, ditch, river, embankment or other public land, use them with permission from the administrator thereof to the extent that such use does not impair their usability.
(2) In the case referred to in the preceding paragraph, the Electricity Utility or Wholesale Supplier shall pay a user's fee as determined by the administrator.
(3) Where the administrator has refused to grant permission under paragraph 1 without justifiable grounds or the amount of the user's fee determined by the administrator is inappropriate, the Competent Minister (which means the minister in charge of administration of the road, bridge, ditch, river, embankment or other public land prescribed in the said paragraph; hereinafter the same shall apply in paragraph 5) may, upon application by the Electricity Utility or Wholesale Supplier, grant permission or determine the amount of the user's fee.
(4) The provisions of the preceding three paragraphs shall not apply to roads prescribed in the Road Act (Act No. 180 of 1952) nor to land areas on which roads are to be constructed as determined under Article 18, paragraph 1 of the said Act and accessories to roads constructed on such land.
(5) In any of the following cases, the Competent Minister shall consult with the Minister of Economy, Trade and Industry in advance.
(i) Where the Competent Minister intends to grant permission for use or determine the amount of a user's fee pursuant to paragraph 3.
(ii) Where an Electricity Utility or Wholesale Supplier intends to occupy roads or land areas on which roads are to be constructed or accessories to roads constructed on such land as set forth in the preceding paragraph for the purpose of installing Electric Lines to be used for an Electricity Business or Wholesale Supply, and the Competent Minister intends to make an award or decision in response to a request for review of or objection to the determination of the amount of an occupation fee to be collected by the road administrator pursuant to Article 39, paragraph 1 of the Road Act (including the cases where it is applied mutatis mutandis pursuant to Article 91, paragraph 2 of the said Act) or the imposition of a condition to the permission or approval under Article 87, paragraph 1 of the said Act (including the cases where it is applied mutatis mutandis pursuant to Article 91, paragraph 2 of the said Act).
(Application Mutatis Mutandis)
Article 66 The provisions of Article 61, paragraph 3 as well as Article 62 and Article 63 shall apply mutatis mutandis to a person who installs Electric Facilities for Private Use. In this case, the phrase "significantly damage the Electric Lines, thereby causing serious hindrance to the supply of electricity or cause a fire or other disaster, thereby harming public safety" in Article 61, paragraph 3 shall be deemed to be replaced with "cause a fire or other disaster, thereby harming public safety."
Chapter 5 Registered Safety Management Examination Body, Designated Examining Body, and Registered Investigation Body
Section 1 Registered Safety Management Examination Body
(Registration)
Article 67 The registration set forth in Article 50-2, paragraph 3, Article 52, paragraph 3, or Article 55, paragraph 4 shall be made, pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry, for each of the following categories of examinations (hereinafter simply referred to as an "Examination Category") upon application by a person who intends to conduct such examinations (hereinafter collectively referred to as "Safety Management Examinations").
(i) Examination set forth in Article 50-2, paragraph 3
(ii) Examination set forth in Article 52, paragraph 3
(iii) Examination set forth in Article 55, paragraph 4
(Disqualification)
Article 68 A person who falls under any of the following items may not be registered under Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4.
(i) A person who was sentenced to a fine or severer punishment for violation of this Act or any order issued under this Act, before the elapse of a period of two years since that person served out the sentence or ceased to be subject to the sentence.
(ii) A person whose registration was rescinded pursuant to Article 78, before the elapse of a period of two years since the date of rescission.
(iii) A juridical person, any of whose officers in charge of its business falls under any of the preceding two items.
(Standards for Registration)
Article 69 The Minister of Economy, Trade and Industry shall register a person who has applied for registration pursuant to Article 67 (hereinafter referred to as an "Applicant for Registration" in this paragraph) if that person conforms to all of the following requirements. In this case, necessary procedures for registration shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(i) Safety Management Examinations shall be conducted by a person who falls under any of the following conditions, at least two persons assigned for each Examination Category.
(a) A person who graduated from a university (excluding junior college) under the School Education Act (Act No. 26 of 1947) or a university under the old University Ordinance (Imperial Ordinance No. 388 of 1918) after completing a course in electric engineering, civil engineering, mechanical engineering or management engineering or any other course similar thereto, and has experience of being engaged for at least two years in total in the services for construction, maintenance or operation of Electric Facilities or the services for Safety Management Examinations.
(b) A person who graduated from a junior college or college of technology under the School Education Act or a vocational training school under the old Vocational Training School Ordinance (Imperial Ordinance No. 61 of 1903) after completing a course in electric engineering, civil engineering, mechanical engineering or management engineering or any other course similar thereto, and who has been engaged for at least four years in total in the services for construction, maintenance or operation of Electric Facilities or the services for Safety Management Examinations.
(c) A person who has been engaged for at least six years in total in the services for construction, maintenance or operation of Electric Facilities or the services for Safety Management Examinations.
(ii) The Applicant for Registration controlled by a person who installs Electric Facilities subject to Safety Management Examinations pursuant to Article 50-2 paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4 (hereinafter referred to as "Person Installing Electric Facilities Subject to Examination" in this item), falls under none of the following conditions.
(a) Where the Applicant for Registration is a business corporation, the Person Installing Electric Facilities Subject to Examination is its parent corporation (as prescribed in Article 879, paragraph 1 of the Companies Act (Act No. 86 of 2005)).
(b) Where more than half of the officers of the Applicant for Registration (in the case of a Partnership Corporation (which means a partnership corporation prescribed in Article 575, paragraph 1 of the Companies Act), officers in charge of its business) are officers or employees of the Person Installing Electric Facilities Subject to Examination (including those who have been officers or employees of the Person Installing Electric Facilities Subject to Examination in the past two years).
(c) The Applicant for Registration (or, in the case of a juridical person, its representative officer) is an officer or employee of the Person Installing Electric Facilities Subject to Examination (or has been an officer or employee of the Person Installing Electric Facilities Subject to Examination in the past two years).
(2) The registration set forth in Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4 shall be made, with the following matters stated in the registry of Safety Management Examination Bodies.
(i) The date of registration and registration number.
(ii) The name and address of the person registered, as well as the name of the representative if such person is a juridical person.
(iii) The Examination Category.
(Renewal of Registration)
Article 70 Unless it is renewed at an interval of not less than three years as set by a Cabinet Order, the registration set forth in Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4 shall cease to be effective upon expiration of such period.
(2) The provisions of the preceding three Articles shall apply mutatis mutandis to the renewal of registration set forth in the preceding paragraph.
(Obligation to Conduct Safety Management Examination)
Article 71 A person registered under Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4 (hereinafter referred to as a "Registered Safety Management Examination Body") shall, without delay, conduct a Safety Management Examination when requested except where there are justifiable grounds not to do so.
(2) A Registered Safety Management Examination Body shall conduct a Safety Management Examination fairly by a method specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) A Registered Safety Management Examination Body shall, when conducting a Safety Management Examination, cause a person prescribed in Article 69, paragraph 1, item 1 to take charge of the Safety Management Examination.
(Change to Place of Business)
Article 72 A Registered Safety Management Examination Body shall, when intending to change the location of the place of business where a Safety Management Examination is to be conducted, notify the Minister of Economy, Trade and Industry of the change two weeks prior to the day when the change is scheduled.
(Operational Rules)
Article 73 A Registered Safety Management Examination Body shall formulate rules concerning the services for Safety Management Examinations (hereinafter referred to as "Operational Rules" in this Section), and notify the Minister of Economy, Trade and Industry of the rules before commencing the services for Safety Management Examinations. The same shall apply where a Registered Safety Management Examination Body intends to revise the rules.
(2) Operational Rules shall provide for a method for implementing a Safety Management Examination, method for calculating the fees for Safety Management Examinations, and other matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(Suspension or Abolition of Operation)
Article 74 A Registered Safety Management Examination Body shall, when intending to suspend or abolish the whole or a part of the services for Safety Management Examinations, notify the Minister of Economy, Trade and Industry to that effect in advance pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
(Keeping and Making Available for Public Inspection of Financial Statements)
Article 75 A Registered Safety Management Examination Body shall, within three months after the end of each business year, prepare a property inventory, balance sheet, profit and loss statement or income and expenditure statement and business report (in the case where these documents are prepared as Electromagnetic Records (which means records produced by an electronic device, magnetic device or any other device not recognizable to human sense, which are used for data processing by a computer; hereinafter the same shall apply in this Article), or Electromagnetic Records are prepared instead of preparing the documents, such Electromagnetic Records shall be included; these documents shall hereinafter be referred to as "Financial Statements, etc." in the next paragraph and Article 122-2) and keep them in its place of business for five years.
(2) A person who installs Electric Facilities subject to a Pre-use Self-Inspection, Operator's Inspection on Welding or Periodic Operator's Inspection and other interested persons may, at any time during the business hours of the Registered Safety Management Examination Body, make any of the following requests to the body; provided, however, that when making a request set forth in item 2 or item 4, such person or interested persons shall pay the fee determined by the Registered Safety Management Examination Body.
(i) Where Financial Statements, etc. are prepared as written documents, a request for public inspection or copying of the written documents.
(ii) A request for a transcript or extract of the written documents set forth in the preceding item.
(iii) Where Financial Statements, etc. are prepared as Electromagnetic Records, a request for public inspection or copying of the content of the Electromagnetic Records displayed by a device specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(iv) A request for provision of the content of the Electromagnetic Records set forth in the preceding item by an electromagnetic device specified by an Ordinance of the Ministry of Economy, Trade and Industry or a request for delivery of documents stating such content.
(Order for Conformity)
Article 76 The Minister of Economy, Trade and Industry may, when he/she finds that a Registered Safety Management Examination Body has ceased to conform to any of the items of paragraph 1 of Article 69, order the Registered Safety Management Examination Body to take any necessary measures to ensure conformity to the provisions of the said items.
(Order for Improvement)
Article 77 The Minister of Economy, Trade and Industry may, when he/she finds that a Registered Safety Management Examination Body is in violation of Article 71, order the Registered Safety Management Examination Body to conduct a Safety Management Examination or take other necessary measures to improve the method for implementing a Safety Management Examination or other operational procedure.
(Rescission of Registration, etc.)
Article 78 Where a Registered Safety Management Examination Body falls under any of the following items, the Minister of Economy, Trade and Industry may rescind the registration made under Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4, or order the Registered Safety Management Examination Body to suspend the whole or a part of the services for Safety Management Examinations within a specified period.
(i) Where the Registered Safety Management Examination Body has violated Article 50-2, paragraph 5 (including the cases where it is applied mutatis mutandis pursuant to Article 52, paragraph 5, or Article 55, paragraph 6), Article 71, Article 72, Article 73, paragraph 1, Article 74, Article 75, paragraph 1 or the next Article.
(ii) Where the Registered Safety Management Examination Body now falls under Article 68, item 1 or item 3.
(iii) Where the Registered Safety Management Examination Body has refused the request made under the items of paragraph 2 of Article 75 without justifiable grounds.
(iv) Where the Registered Safety Management Examination Body has violated an order issued under the preceding two Articles.
(v) Where the Registered Safety Management Examination Body has been registered under Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4 by wrongful means.
(Bookkeeping)
Article 79 A Registered Safety Management Examination Body shall keep books and state in such books the matters concerning the services for Safety Management Examinations specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(2) The books set forth in the preceding paragraph shall be preserved pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry.
(Services for Safety Management Examinations Performed by Minister of Economy, Trade and Industry)
Article 80 The Minister of Economy, Trade and Industry may him/herself perform the whole or a part of the services for Safety Management Examinations of a Registered Safety Management Examination Body in the cases where: there is no person registered pursuant to Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4; notification of the suspension or abolition of the whole or a part of the services for Safety Management Examinations has been given pursuant to Article 74; the registration made under Article 50-2, paragraph 3, Article 52, paragraph 3 or Article 55, paragraph 4 has been rescinded or an order has been issued to the Registered Safety Management Examination Body to suspend or abolish the whole or a part of the services for Safety Management Examinations pursuant to Article 78; it has become difficult for the Registered Safety Management Examination Body to perform the whole or a part of the services for Safety Management Examinations due to a disaster or otherwise; or the minister finds it necessary to do so for any other reasons.
(2) The transfer of the services for Safety Management Examinations and other necessary matters, in the case where the Minister of Economy, Trade and Industry performs the whole or a part of the services for Safety Management Examinations him/herself pursuant to the preceding paragraph, shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.
Section 2 Designated Examining Body
(Designation)
Article 81 The designation set forth in Article 45, paragraph 2 shall be made pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry upon application by a person who intends to administer Examination Affairs.
(2) Upon having made the designation under Article 45, paragraph 2, the Minister of Economy, Trade and Industry shall not administer Examination Affairs.
(Disqualification)
Article 82 A person who falls under any of the following items may not receive designation under Article 45, paragraph 2.
(i) A person who was sentenced to a fine or severer punishment for violation of this Act or any order issued under this Act, before the elapse of a period of two years since that person served out the sentence or ceased to be subject to the sentence.
(ii) A person whose designation was rescinded pursuant to Article 87, paragraph 2, before the elapse of a period of two years since the date of rescission.
(iii) A person, any of whose officers in charge of its business falls under any of the following conditions.
(a) A person who falls under item 1.
(b) A person who was dismissed by an order under Article 84-5, before the elapse of a period of two years since the date of dismissal.
(Standards for Designation)
Article 83 The Minister of Economy, Trade and Industry shall not make the designation under Article 45, paragraph 2 unless no other person has received designation under the said paragraph and the application for designation filed under the said paragraph conforms to all of the following items.
(i) The applicant's plan for the administration of the Examination Affairs, which covers personnel, equipment, methods of administering the Examination Affairs and other matters, is appropriate for the proper administration of the Examination Affairs.
(ii) The applicant has sufficient financial basis and technical capability to implement properly the plan for the administration of the Examination Affairs set forth in the preceding item.
(iii) The applicant is a juridical person established pursuant to Article 34 of the Civil Code.
(iv) Where the applicant is engaged in services other than Examination Affairs, there is no risk that the applicant will fail to administer fairly the Examination Affairs by performing such other services.
(Examiner)
Article 84 A Designated Examining Body shall, when administering the Examination Affairs, cause its examiners to administer the affairs in determining whether or not an applicant for any of the types of chief engineer's license listed in Article 44, paragraph 1, items 1 to 3 has the necessary knowledge and skills as a chief engineer.
(2) A Designated Examining Body shall appoint examiners from among persons who satisfy the requirements specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) A Designated Examining Body shall, when having appointed examiners, notify the Minister of Economy, Trade and Industry to that effect pursuant to the provision of an Ordinance of the Ministry of Economy, Trade and Industry. The same shall apply where any examiner has been replaced.
(Operational Rules)
Article 84-2 A Designated Examining Body shall formulate rules concerning the Examination Affairs (hereinafter referred to as the "Operational Rules" in this Section), and obtain approval of the rules from the Minister of Economy, Trade and Industry. The same shall apply where a Designated Examining Body intends to revise the rules.
(2) The matters to be provided for by the Operational Rules shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.
(3) The Minister of Economy, Trade and Industry may, when he/she finds that the Operational Rules approved under paragraph 1 have become inappropriate for the fair administration of the Examination Affairs, order the Designated Examining Body to revise the Operational Rules.
(Suspension and Abolition of Examination Affairs)
Article 84-2-2 A Designated Examining Body shall not suspend nor abolish the whole or a part of the Examination Affairs unless it is permitted by the Minister of Economy, Trade and Industry.
(Business Plan, etc.)
Article 84-3 A Designated Examining Body shall, prior to the beginning of each business year (or without delay after designation under Article 45, paragraph 2 in the case of a business year that contains the date of designation), prepare a business plan and income and expenditure budget for the business year, and obtain approval of them from the Minister of Economy, Trade and Industry. The same shall apply when a Designated Examining Body intends to revise them.
(2) A Designated Examining Body shall, within three months after the end of each business year, prepare a business report and statement of accounts, and submit them to the Minister of Economy, Trade and Industry.
(Appointment and Dismissal of Officers)
Article 84-4 The appointment and dismissal of an officer of a Designated Examining Body shall not be effective unless approved by the Minister of Economy, Trade and Industry.
(Order of Dismissal)
Article 84-5 Where any officer or examiner of a Designated Examining Body has violated this Act or any order issued under this Act or the Operational Rules, the Minister of Economy, Trade and Industry may order the Designated Examining Body to dismiss the officer or examiner.
(Obligation of Confidentiality)
Article 85 Current or former officers or employees (including examiners) of a Designated Examining Body shall not divulge secrets that they have become aware of in the course of administering the Examination Affairs.
(Status of Officers and Employees)
Article 85-2 With regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions, officers or employees (including examiners) of a Designated Examining Body who are engaged in Examination Af<