Effective Date of Rule: Thirty-one days after filing.

     Purpose: The board of boiler rules made changes to WAC 296-104-540 regarding nuclear repairs and was not aware at the time that these revisions would impact a business in Washington. The National Board's Pressure Relief Department stated that as long as the pressure relief valves are repaired under a documented quality program which is periodically audited by a third party, an equivalent level of safety will be maintained. Therefore the board drafted language to allow companies to continue to repair nuclear safety relief valves.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-104-540.

     Statutory Authority for Adoption: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350.

      Adopted under notice filed as WSR 07-20-088 on October 2, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: December 4, 2007.

Steven E. Bacon, Chair

Board of Boiler Rules

OTS-1091.2

AMENDATORY SECTION(Amending WSR 06-24-042, filed 11/30/06, effective 1/1/07)

WAC 296-104-540   Repairs -- What are the requirements for nuclear repairs of safety devices?   All nuclear pressure retaining items shall be safe-guarded by safety devices, as specified in the ASME Section III, Division 1, Class 1, 2, and 3.

     (1) The resetting, repair, and restamping of these safety devices shall be performed only by organizations holding a valid National Board "NR" and "VR" Certificate of Authorization to repair ASME Section III Code safety devices. An owner's ASME Section XI program may be used in lieu of a "NR" Certificate of Authorization for repair activities of the owner's valves. The repair work shall be documented on the applicable NR-1/NVR-1 form or on an owner's NIS-2 form. All repair/replacement activities performed under the "NR" Certificate of Authorization or owner's Section XI Repair program must be in accordance with the provisions of the NBIC, ASME Section XI, and the rules of the jurisdiction.

     (2) ((Nuclear plant owners with an approved ASME Section XI program, may authorize external adjustments to bring their installed safety valves and relief valves back to the stamped set pressure when performed by the owner's/user's trained, qualified, regular, and full-time employees. Refer to Appendix "J" of the National Board Inspection Code as referenced in WAC 296-104-102 for guidelines regarding training, documentation, and implementation of a quality system for the owner/user employees.

     (3) All such)) External adjustments or repair activities performed by the owner shall be resealed with a metal tag showing the identification of the organization ((making the adjustments)) and the date.

     (((4) If any valve repairs are required, they shall be done by a qualified "VR" and "NR" certificate holder.))

[Statutory Authority: RCW 70.79.030, 70.79.040, 70.79.150, 70.79.290, 70.79.330, and 70.79.350. 06-24-042, § 296-104-540, filed 11/30/06, effective 1/1/07. Statutory Authority: RCW 70.79.030 and 70.79.040. 98-22-024, § 296-104-540, filed 10/28/98, effective 11/28/98.]

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