Section 108:
Before the execution under Section 107, the licensee shall take the following actions:

(1) Inform, in writing, the other licensee under Section 107 (1), the owner or occupying person or right holder of the assets under Section 107 (2), (3) or (4). The other licensee, the owner or occupying person or right holder of the assets may lodge a petition opposing the execution, giving reasons rendering the act inappropriate to the ERC for consideration within thirty (30) days as from the receipt date of the written notification. The decision of the ERC shall be treated as final.

(2) Pay for the utilization charge or take any other action under Section 107 (1), or pay compensation to the owner or occupying person or right holder of the assets under Section 107 (2), (3) or (4) according to the criteria, procedures and conditions announced by the ERC, as well as inform, in writing, the owner or occupying person or right holder of the assets of the amount of the utilization charge or compensation. As for a state property land, the ERC shall coordinate with the agency responsible for the administration of that state property land in establishing the relevant criteria, procedures and conditions.

(3) In the event that the other licensee, the owner or occupying person or right holder of the assets does not agree to the amount of the utilization charge or compensation under (2), the licensee shall deposit the payment for the utilization charge or compensation according to the criteria, procedures and conditions stipulated by the ERC, and the licensee shall have the right to take action under Section 107, which shall not cause troubles or disturbances or shall not create damaging effect on the environment and shall not depreciate the economic use of the assets. In this connection, such acts shall be undertaken without undue appropriateness.

(4) In the event that the other licensee, the owner or occupying person or right holder of the assets is not satisfied with the amount of the utilization charge or compensation, he shall have the right to appeal to the ERC. The ERC’s decision on the appeal shall be treated as final. In this regard, the criteria, procedures and conditions of the appeal and the appeal procedure shall comply with the regulations stipulated and announced by the ERC.

Section 109:

For the purpose of repairing or maintenance of an energy network system, a licensee shall have the power to enter and temporarily make use or occupy the immovable property of any person which is not his dwelling place, as deemed necessary, subject to the following conditions:

(1) Such use or possession is necessary for the inspection or repairing and maintenance of the energy network system or for the prevention of danger or damage which may be caused to the energy network system.

(2) The licensee must notify, in writing, the owner or occupying person or right holder of the immovable property no less than three (3) days in advance.

If any damage to the owner or occupying person or right holder of the immovable property occurs resulting from the execution under Clause one hereof, the licensee shall be liable for the payment in compensation of the damage, according to the criteria, procedures and conditions specified by the ERC. If the amount of compensation cannot be settled, an appeal shall be made to the ERC. The ERC’s decision on the appeal shall be treated as final.
The criteria, procedures and conditions of the appeal and the appeal procedure shall comply with the regulations announced by the ERC.

Section 110:
In the case where the equipment of an energy consumer has caused disturbances to the extent that damage may be caused to the energy industry facility, the licensee shall inform that energy consumer, in writing, to change or correct and improve that equipment within a reasonable period of time.

In the event that the energy consumer declines to take action according to the notification and that the use of that equipment still causes disturbances, the licensee can temporarily suspend the service provision to that energy consumer until the latter has taken action pursuant to the notification. In this connection, the licensee shall immediately report the motive for the service suspension to the ERC. When the ERC has been informed of the service suspension, an order shall be issued to confirm or alter that service suspension. The licensee shall abide by the order within thirty (30) days as from the date of issuance of the ERC’s order.

In the case of emergency, the licensee can immediately suspend the service provision without having to send a written notification to the energy consumer to change or correct and improve the equipment causing disturbances. However, the notification shall then be made to the energy consumer and the ERC without delay. When the ERC has been notified, further actions under Clause two hereof shall be undertaken.

Section 111:
In the case where the energy network system under Section 107 or the equipment used in the operation of the energy network system has severely caused a disturbance or an obstacle to the economic utilization of the immovable property of its owner, occupying person or right holder due to the change in purpose or method of utilizing the immovable property, and when the owner, occupying person or right holder has lodged a complaint, the licensee shall take action to get rid of that disturbance or obstacle unless that act will severely affect the operation of the licensee or will be extremely difficult in terms of engineering aspects. In such a case, the licensee and the owner, occupying person or right holder shall make a settlement for the implementation to get rid of that disturbance or obstacle, by specifying the implementation time frame, the party to be liable for the expense incurred and the method of payment for the expense.

In the event that the settlement cannot be reached or in the event that the settlement is reached but the execution according to the settlement cannot be materialized, the licensee, the owner, occupying person or right holder shall submit a petition to the ERC to make a final decision.

When the petition is received by the ERC, a copy of the petition shall be sent to the licensee and the owner, occupying person or right holder, whichever is the case, for acknowledgment within thirty (30) days as from the receipt date of the petition. The party receiving the copy of the petition may present his comments in writing to the ERC within fifteen (15) days as from the receipt date of the copy of the petition. When the said period is over, the ERC shall make a decision and shall, without delay, notify the decision to the licensee and the owner, occupying person or right holder. The decision must mention the implementation to get rid of that disturbance or obstacle, the implementation time frame, the party liable for the expense incurred for the implementation and the method of payment for the expense.

When the ERC has made a decision, the licensee or the stakeholders shall have the right to appeal against the decision to the ERC within sixty (60) days as from the date of acknowledgment of the decision.
The ERC’s decision on the appeal shall be treated as final.

The criteria, procedures and conditions of the appeal and the appeal procedure shall comply with the regulations stipulated and announced by the ERC.

Section 112:
Within the energy network system boundary as announced under Section 106, no person shall be allowed to construct a building or any structure, to grow any tree or plant, to install anything, to drill or dig a hole, to pile up soil, to discard things or to do anything that may cause danger or may be an obstacle to the energy network system, unless written permission is granted by a competent official, in compliance with the criteria, procedures and conditions stipulated by the ERC.

In considering the permission granting, under Clause one hereof, the competent official shall also listen to the comments of the licensee. If it is viewed that such acts will not affect the energy network system, human beings, animals, vegetation, property or the environment, the competent official shall grant the permission as per the request, which may be affiliated with certain conditions.

In the event that an act under Clause one hereof is carried out without permission or with permission but there is a breach of the permission or conditions affiliated with the permission, the competent official shall have the power to exert the disciplinary measures under the law on administrative procedure.

Section 113:
For the benefit of safety, a licensee shall have the power to demolish or cut trunks, branches, roots of trees or any other things that are in the vicinity of, or conceal, cover, spread over or overlie the energy network system area. In so doing, a written notification must be given to the owners or occupying persons of the trees or those things in advance for a reasonable period of time. In case the owners or occupying persons cannot be contacted, the licensee shall have the power to take action as deemed necessary and notify the ERC accordingly.

In the execution of the acts under Clause one hereof, if the trees or other things exist before the construction of the energy network system, the licensee shall pay compensation to the owners or occupying persons of the trees or those things. If the settlement on the compensation amount cannot be reached, an appeal shall be made to the ERC, according to the criteria, procedures and conditions set forth by the ERC.

The ERC’s decision on the appeal shall be treated as final.

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