2017年電業法修法後台灣電業自由化之困境-以典範模式分析

Abstract

2017年台灣公布最新三讀通過的電業法，此次修法範圍非常大，幾乎是整部法律的翻修，絕對會造成台灣電業環境的大變動，本研究旨在探討歷次行政院電業法修法版本與典範模式電業自由化具體內涵之落差。 透過典範理論來探討台灣電業法為本研究的主要脈絡，從國營獨佔事業的民營化、可競爭部門與非競爭部門之垂直分離、發電部門之水平切割、輸電網路設施與操作之水平整合、批發即時市場的建立與容量市場機制的運作、需求面參與機制的發展、適當的管制規則以確保輸電網路的公平使用、零售價格的解構、非競爭用戶之用電權益保障、成立獨立管制機構與轉型過渡機制的建立等11項電業自由化內涵實質檢驗台灣電業自由化的進程。 為了加強台灣經驗的探討，本研究透過訪問2017年電業法實際參與修法的團體與個人，包括立法委員、行政官員與非營利組織，透過訪談了解台灣電業自由化的進展及未來可能遭遇的相關困境。 透過典範理論的研析，再加上台灣經驗的探討，期能提供增進台灣電業自由化之建議，以加速台灣電業自由化之進展，甚至開創台灣獨有的電業自由化模式。

After significant amendments to energy laws in 1965, large-scale amendments were not adopted for more than 50 years, until 2016 when the Executive Yuan once again proposed new amendments. Consensus was reached between opposition and incumbent parties, finalizing new amendments to existing energy industry laws and regulations. Sweeping reforms were made this time, with nearly every existing energy law being overhauled, and will most certainly have a tremendous impact on Taiwan’s energy industry, even affecting the course of liberalization in Taiwan’s energy sector. Through the paradigm model, this research seeks to explore the implications behind the substantial gap between the Executive Yuan’s actual energy law reforms and international energy industry liberalization, along with any potential issues. The paradigm model mainly examines the process of energy sector liberalization on the international front through eleven different implications. These eleven implications include privatization of state monopolies, the vertical separation of competitive and non-competitive industries, the horizontal separation of the energy sector, the horizontal integration of power grid facilities and operations, the construction of a wholesale real-time market, the operation of a capacity market mechanism, the development of demand side participation and mechanisms, the appropriate regulations to ensure horizontal grid usage, retail price deconstruction, non-competitive energy-user protections, and the establishment of an independent oversight and transitional mechanism. These eleven implications are used as the primary framework for this research to examine and compare the Executive Yuan’s amendment bills to existing energy industry regulations, and to distinguish each version within the course of energy industry liberalization. To explore the Taiwan experience on a deeper level, this study also utilized an in-depth interview research method consisting of face-to-face interviews with groups and individuals who actively participated in revising energy regulations in 2017, including individual legislators, administrative officials and heads of non-profit organizations. The experiences of those who have been through the actual process provide real assistance to this research in terms of clarifying the current issues in energy industry laws and regulations, the course of liberalization of Taiwan’s own energy industry as well as its potential difficulties. The framework for this research is taken from international theory infused into the Taiwan experience and provides the energy industry with suggestions to facilitate subsequent research, accelerate the progress of Taiwan’s own energy liberalization process and even create a unique model for Taiwan’s energy industry liberalization.