從公共利益的觀點論中火減煤爭議

The Discussion on the Dispute of the Coal Reduction in the Thermal Power Plant in Taichung City from the Perspective of the Public Interest

本文試圖以台中火力發電廠減煤之爭議為研究主軸，探討公共利益在憲法框架下，雖為一個較為模糊的概念，但仍應於特定考量範圍中，形塑出可供依循的定義。其次，由於中火議題涉及到能源使用與生存權之間的競合，本文認為應以生存權為優先思考，再論能源使用的替代性及效益，縱使人民短期生活可能因此帶來不便，但從長遠性的環境生存權益觀之，此類利益取捨應屬不得不為之的方式。

This study focused on the dispute over the coal reduction at the Taichung Power Plant to discuss public interests under a constitutional framework. Although this was a relatively vague concept, within a specific scope for consideration, a definition that could be followed should be shaped. Next, because the topic of the Taichung Power Plant involved the coopetition between energy use and the right to minimum livelihood, this study believed that the right to minimum livelihood should be prioritized. Next, the possibility of replacing coal with other energy resources and interests were secondly discussed. People may face short-term inconveniences in their life; however, from the long-term perspective of environmental survival rights, the change of prioritization which should be necessary cost may reach a different result.