ML20083J362

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LTR-20-0089 NRC Staff Response to Peter Crane Re ACMUI Meeting and FACA
ML20083J362
Person / Time
Issue date: 03/26/2020
From: Michael Layton
NRC/NMSS/DMSST
To: Crane P
- No Known Affiliation
KELLEE JAMERSON/NMSS/MSST
References
LTR-20-0089
Download: ML20083J362 (3)


Text

March 26, 2020 Mr. Peter Crane 6545 27th Avenue NW Seattle, WA 98117

Dear Mr. Crane:

I am writing in response to your March 11, 2020, email to several U.S. Nuclear Regulatory Commission (NRC) senior managers in which you expressed doubts that aspects of a March 11, 2020, meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) complied with the letter and/or spirit of the Federal Advisory Committee Act. Your email also suggested that the meeting be rescheduled with the draft report attached.

The NRC staff and I appreciate your longstanding interest and interactions on patient release issues, including those related to the revisions to Regulatory Guide (RG) 8.39, Release of Patients Administered Radioactive Materials that were the subject of this ACMUI meeting. Your insights on these regulatory matters strengthens our products. We also appreciate that you forward information to others. The NRC staff will continue to consider your comments and those of others received, as we evaluate this patient release guidance.

I find no justification to reschedule the meeting or to reissue the meeting documents. The March 11, 2020, ACMUI meeting was noticed in the Federal Register (85 FR 4343) on January 24, 2020 and was also the subject of a Medical List Server courtesy email on January 29, 2020. The NRC staff has verified that your email (specifically Kinderhook46@yahoo.com) was among the email addresses to which we sent the January 29, 2020, Medical List Server notification. Further, the ACMUI Subcommittees draft report, which served as the meeting material for the ACMUI public teleconference on March 11, 2020, was made available to members of the public on February 26, 2020, through the NRCs public meeting notice system and on the ACMUI Meetings and Related Documents webpage. Finally, at the meeting, the ACMUI Chair opened the floor for public comment.

Your email does not fairly portray that the ACMUI and the NRC staffs actions, in this circumstance, not only followed the established process for informing its stakeholders, but they were consistent with NRC values and the principles of good regulation (including the openness principle) and provided sufficient opportunity to inform the NRCs decision making.

In accordance with 10 CFR 2.390, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

P. Crane 2 Should you have any future concerns or questions regarding the NRC staffs outreach efforts, please feel free to contact me or Mr. Kevin Williams, Deputy Director, Division of Materials Safety, Security, State and Tribal Programs, at (301) 415-3340.

Sincerely, Michael C. Digitally signed by Michael C.

Layton Layton Date: 2020.03.26 13:44:41

-04'00' Michael C. Layton, Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards

ML20072M615 - Package ML20083J362 - Letter *via email OFFICE NMSS/MSST NMSS/MSST NMSS/MSST NMSS/MSST NAME KJamerson CEinberg KWilliams MLayton DATE 03/24/2020 03/24/2020 3/24/2020 03/26/2020