, PAS s-2,Z 6DOCKETEDUSNRC

May 14, 2010 (9:46a.m.)

OFFICE OF SECRETARYRULEMAKINGS AND

ADJUDICATIONS STAFFUNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

BEFORE JUDGE PAUL B. ABRAMSONTHE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of: Docket No. 50-293-LR

ASLBP No. 06-848-02-LR

ENTERGY NUCLEAR OPERATIONS, INC.

(Pilgrim Nuclear Power Station)

License Renewal Application May 14, 2010

MOTION ON BEHALF OF PILGRIM WATCH FOR DISOUALIFICATION OF JUDGEPAUL B. ABRAMSON IN THE PILGRIM NUCLEAR POWER STATION RE-LICENSING PROCEEDING

I. INTRODUCTION

Pursuant to 10 C.F.R. §§ 2.313(b)' and 2.323, Pilgrim Watch moves that Administrative

Judge Paul B. Abramson disqualify himself from participating as a member of the U.S. Nuclear

Regulatory Commission's ("NRC's") Atomic Safety and Licensing Board ("ASLB") for the

renewal of Entergy Nuclear Operations Inc.'s ("Entergy's") operating license for the Pilgrim

nuclear power plant.

Judge Abramson should disqualify himself because of (i) his previous work on and

personal knowledge of the MACCS2 code (the code was used by Entergy to perform their

§ 2.313. Designation of presiding officer, disqualification, unavailability, and substitution. (b)Disqualification. (1) If a designated presiding officer or a designated member of an Atomic Safety andLicensing Board believes that he or she is disqualified to preside or to participate as a board member inthe hearing, he or she shall withdraw by notice on the record and shall notify the Commission or the ChiefAdministrative Judge, as appropriate, of the withdrawal.

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required Severe Accident Mitigation Analysis (SAMA), and (ii) his apparent bias relative to

Pilgrim Watch's expert witness, David Chanin. The MACCS2, the computational code with

respect to which Mr. Chanin is an expert, is central to this entire adjudication proceeding brought

forward by Pilgrim Watch in Contention 3 and to the issues remanded by the Commission to the

Board (CLI-10-1 1).

As required by 10 C.F.R. § 2.313(b) and Hope Creek,2 Pilgrim Watch submits our

motion to Judge Abramson rather than the full ASLB. The motion is founded on statements by

Judge Abramson himself during the May 4, 2010 Teleconference call attended by the full ASLB

panel, parties to the Pilgrim license Renewal proceeding (Entergy, NRC Staff and some

witnesses). Pilgrim Watch is providing a declaration, together with a copy of the pertinent page

of the transcript of that hearing.

II. ARGUMENT

A. Standard for Disqualification of NRC Judges

The NRC follows 28 U.S.C. § 455's standards for the disqualification of judges. 19 NRC

at 20. Suffolk County and State of New York Motion for Disqualification of ChiefAdministrative

Judge Cotter (Shoreham Nuclear Power Station, Unit 1), LBP-84-29A, 20 NRC 385, 386 (1984),

citing Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), CLI-

82-9, 15 NRC 1363, 1365-67 (1982); see also Hydro Resources, Inc., (2929 Coors Rd. Suite 101,

Albequerque, NM) CLI-08-9, 47 NRC 326, 331 (1998). ASLB judges are governed by the same

disqualification standards as federafljudges. Relevant portions of Section 455 provide that:

2 Public Service Electric and gas Company (Hope Creek Generating Station), ASLB-759, 19 NRC at 21

n.26 (1984) ("Hope Creek")

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(a) Any justice, judge, or magistrate3 of the United States shall disqualify himself in any

proceeding in which his impartiality might reasonably be questioned.

(b) He shall also disqualify himself in the following circumstances:

(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge ofdisputed evidentiary facts concerning the proceeding;

Any ground for disqualification under subsection (b) cannot be waived .

B. Judge Abramson should disqualify himself because, "he ... has personal

knowledge of disputed evidentiary facts concerning the proceeding."

During the Teleconference call, May 4, 2010, Judge Abramson said,

ADMIN. JUDGE ABRAMSON: Let me ask you to submit Shannon's [corrected spelling,

Chanin's] resume because I don't believe he wrote the code. I was involved with a lot of that

personally.5

The MACCS2, the computational code, is central to the entire proceeding on Pilgrim

Watch's Contention, the issues remanded by the NRC Commission to the Board (see

Commission Order CLI-10- 11), and by the Board's May 4 reading of the Commission's

Remand Order, CLI-10-11. For example, the Commission's Remand clearly said that

Contention 3 addresses Entergy Environmental Report's SAMA analysis for the Pilgrim

facility (CLI-10-11, at 3); that Entergy's SAMA analysis utilized the MACCS2 code to

evaluate the off-site consequences (population dose and economic costs) of a radioactive

material release to the environment from severe accidents (CLI- 10-11, at 4); and that the

issues before the ASLB on remand include the adequacy of the MACCS2 code (CLI-10-

3 In 1990 the term "magistrate" was changed to "magistrate judge." Pub. L. 10 1-650.4 28 U.S.C. § 455 (e) No justice, judge, or magistrate shall accept from the parties to the proceeding a waiverof any ground for disqualification enumerated in subsection (b). See Hope Creek, 19 NRC at 20.5 Neal R. Gross & Co., Inc., page 665, lines 8-11, Attachment A.

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11, at 14.1) Judge Abramson's statement makes clear that he has personal knowledge of

the code that helped develop, and that he has (or at the very least reasonably appears likely

to have) his personal views of its adequacy. Thus, Judge Abramson should disqualify

himself because, "he ... has personal knowledge of disputed evidentiary facts concerning

the proceeding."

C. Judge Abramson Should Disqualify Himself Because His Actions WouldCause a Reasonable Person to Question his Impartiality and that he has apersonal bias or prejudice concerning a party

Judge Abramson's statement (quoted and referenced above) that "let me ask you to

submit Shannon's resume because I do not believe he wrote the code" clearly would cause a

reasonable person to question Judge Abramson's impartiality and whether he has a personal bias

or prejudice concerning Mr. Chanin, Pilgrim Watch's expert witness. No other participant on the

Teleconference call, neither Entergy nor NRC Staff, raised any question as to the credentials or

competence of David Chanin, 6 only Judge Abramson. Judge Abramson's statement creates the

appearance that, without any evidence other than his personal knowledge, Judge Abramson

doubts the credibility of David Chanin and would discredit any evidence that he provides for

Pilgrim Watch in this proceeding.

The May 4, 2010 telephone conference is the first time that the Petitioner was made

aware of Judge Abramson's involvementwith the MACCS2 and personal knowledge of disputed

evidentiary facts concerning the proceedings.

6 With respect to Mr. Chanin's credentials, attached to Pilgrim Watch's declaration are copies of cover pages of theCode Manual for MACCS2:Volume 1, User's Guide and cover NUREG/CR-6613, Vol.2; Mm. Chanin's resume(that was previously submitted to the Board (Pilgrim Watch Answer Opposing Entergy's Motion for SummaryDisposition of Pilgrim Watch Contention 3, June 2007, Adams ML 071840568); and a page from the Board'ssummary disposition decision in which Judge Young says that, " David Chanin, who states that he 'was the primarydeveloper of the MACCS and MACCS2 computer codes under sponsorship of the U.S. NRC and DOE whileworking at Sandia National Laboratories 1982-1996"' (Attachment B)

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IV. CONCLUSION

For these reasons, Judge Abramson should disqualify himself from participation in this

proceeding as a member of the ASLB. Pilgrim Watch requests that until this issue is resolved, a

stay is placed on these proceedings.

In conformance with 10 C.F.R. § 2.323(b), and as discussed in the attached Certification

of Counsel, counsel for Petitioners contacted counsel for Entergy and the NRC Staff. Counsel

for Entergy said that they would oppose the Motion; whereas Counsel for NRC said that they

would not take a position on this motion until they had an opportunity to review it.

Respectfully submitted,

Electronically signed by

Mary LampertPilgrim Watch, pro se148 Washington StreetDuxbury, MA 02332May 14, 2010

CERTIFICATION BY PILGRIM WATCH'S REPRESENTATIVEPURSUANT TO 10 C.F.R. § 2.323(b)

Pursuant to 10 C.F.R. § 2.323(b), I certify that on May 14, 2010, I contacted counsel forEntergy and NRC Staff. Counsel for Entergy said they would oppose the Motion; whereas NRCStaff Counsel said that they would not take a position on the motion until they had anopportunity to review it.

tiA4

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UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

Before Judge Abramson

The Atomic Safety and Licensing Board

In the Matter of Docket # 50-293-LR

Entergy Corporation

Pilgrim Nuclear Power Station

License Renewal Application May 14, 2010

DECLARTION OF MARY ELIZABETH LAMPERT IN SUPPORT OF PILGRIM

WATCH'S MOTION FOR DISQUALIFICATION OF JUDGE PAUL ABRAMSON IN

THE PILGRIM NUCLEAR POWER STATION RE-LICENSING PROCEEDING

I, Mary Elizabeth Lampert under penalty of perjury declare that I was a Participant on the

May 4, 2010 Teleconference Call attended by the Atomic Safety Board Licensing Panel for the

Pilgrim re-licensing Proceeding (Judge Ann Marshall Young, Judge Richard Cole, Judge Paul

Abramson); representatives from the Parties to the proceeding (e.g., Entergy, Pilgrim Watch, and

the Town of Plymouth); and some of the witnesses in the proceeding. The Teleconference call

began at 1:00. During the call, I heard Judge Abramson say, "Let me ask you to submit

Shannon's 7 resume because I don't believe he wrote the code. I was involved with a lot of that

personally." His statement is affirmed by the attached copy of the pertinent page of the official

Transcript prepared by Neal R Gross and Co., Inc. (NRGCO) Court Reporters and Transcribers.

I have also attached copies of cover pages from a DOE and NRC document; Mr.

Chanin's resume as it appears on his website and an extract from Judge Young's dissenting

opinion of October 30, 2007.

7 "Shannon" is an incorrect spelling; the correct spelling is "Chanin"

7

I declare that under penalty of perjury and to the best of my knowledge, the foregoing is

true and correct.

Mary Elizabeth Lampert148 Washington StreetDuxbury, MA 02332Email: mary.lampertcomcast.netMay 14, 2010

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ATTACHMENT A

Pagec 55'?

UNITED 2YIti4 Ui.; AMdNItCA

INJCLE.AR RSULATCRY CCFJO± UION

ATOMZC SAFETY; -M LICENSING. HCý)ARD PAREL

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WEARING

In Lhe maLtet Cf

MT2PERGY N4UZ.AI,FAR G.NERATION COMIANY Docket 1 a,.

£NTL.2GY NUCLEAR OPERATTONS, INC. 5 -231-L R

(Pilgirim Nuc2.ea power Statiots)

Tuesday, may 4, 201U

Nuclear Resgu.atOry Crraii. iOj.On

A)LBP MIS '7-3523

11545 Rockville Pike

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BEFORE

AXEP MUARS1MLL YOUNG, Zhalt,

1AVL L. AfQAIJON, A'lndnist raulst (eCh

.UICRARD FP C••;, Administrative Ju'Jne

Neal. R. Sross & Co. , Tnc.

Neal R. Gross

9

[Note that page 665 is a pasted copy; a scan would not copy; the scan is provided by mail]

Page 665

1 Shannon goes to site restoration costs.2 MS. LAMPERT: Well, no. Shannon,3 remember, he wrote the code, so I think he goes to4 quite a few things.5 MR. LEWIS: Okay.6 MS. LAMPERT: And Lyman and a couple of7 the others can --

8 ADMIN.. JUDGE ABRAMSON: Let me ask you to9 submit Shannon's resume because I don't believe he10 wrote the code. I was involved with a lot of that11 personally.12 MS. LAMPERT: Okay. I'd be more than13 happy to.14 CHAIR YOUNG: Let me just ask--15 COURT REPORTER: Who was that?16 CHAIR YOUNG: That was Judge Abramson and17 Ms. Lampert. Ms. Lampert, which of your experts are18 not going to be available until September again?19 MS. LAMPERT: The two on the telephone.20 CHAIR YOUNG: Oh, Egan and Qndersen?21 MS. LAMPERT: Correct.22 CHAIR YOUNG: Okay, all right. Correct me23 if I'm wrong, but I think that what we need to get24 from the parties at this point are, first, indications25 whether you would like to have a settlement judge

Neal R. Gross & Co., Inc

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ATTACHMENT B

David Chanin's resume is provided on his website http://chaninconsulting.com; a copy of it waspreviously submitted to the Board (June 2007) and is below. Additionally a search of the Officeof Scientific and Technical Information (OSTI's) website will indicate that Mr. Chanin wrote thepreprocessor codes FGRDCF, COMIDA2, IDCF2, and DOSFAC2 that were included in thecode package, e.g.:

Iph

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I

i,

I

t)SANDIAIREPORTSAND97-0594 e UCG-610Unlimited ReleasePrintedMarch :1997

Code Manual for MACCS2: Volume 1,USer's Guide

Dlavid 1, Chanin, Mary L Young

~Cajit-g 04550-

~1E~y~ C-oyt, DF-AC04 PW94Aiabi

Lo Sadi National Laboratories,

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22

11

NUREG/CR-6613, Vol. 2SAND97-0594

Code Manual for MACCS2Preprocessor CodesCOMIDA2, FGRDCF, IDCF2Manuscript Completed April 1998Date Published: May 1998Prepared byD. ChaninTechnadyne Engineering ConsultantsAlbuquerque, NM 87112M.L. YoungSandia National LaboratoriesAlbuquerque, NM 87185J. Randall, NRC Project ManagerK. Jamali, DOE Project Manager

Prepared forDivision of Systems Technology Office of Technical and Environmental SupportOffice of Nuclear Regulatory Research Defense ProgramsU.S. Nuclear Regulatory Commission U.S. Department of EnergyWashington, DC 20555-0001 Washington, DC 20585NRC Job Code W6231 USDOE Contract DE-AC04-94AL8500

https://radtran.sandia.gov/docs/SAND97-0594.pdf

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The following two attachments are part of the record in this proceeding: David Chanin's Resumeattached to Pilgrim Watch Answer Opposing Entergy's Motion for Summary Disposition ofPilgrim Watch Contention 3, June 2007 - Adams Accession Number ML071840568; and aStatement by Administrative Judge Ann Marshall Young in the Board's Memorandum andOrder (Ruling on Motion to Dismiss petitioner's Contention 3 regarding Severe AccidentMitigation Alternatives, Dissenting Opinion of Administrative Judge Ann Marshall Young,October 30, 2007, at 30.

1. David I Chanin Resume

David I. Chanin

1125 Vassar Dr. N.E. Albuquerque, NM 87106-2620

Major Strengths: Team leader, research, software development, English writing and editingSecurity Clearances: DOE "Q" 1983-1996, Previous DoD SECRETEducation: 1980 B.S. in Mathematics, University of New MexicoComputer Proficiencies: C, C++, FORTRAN 77/90/95, Java, PHP, XHTML, and UNIXscripting/sysadmin/security

Primary Career Accomplishments:

29 years of professional experience in development, application, maintenance, andverification/validation of large scientific codes, primarily for assessing the environmentalimpacts of radiological releases. Main career accomplishments were (1) adoption worldwide ofMACCS (NUREG/CR-4691) and MACCS2 (NUREG/CR-6613) computer codes as results ofmy technical and programmatic leadership; and (2) development of a new method for analyzingthe economic impacts if land and structures were contaminated with plutonium from a weaponsaccident (SAND96-0957). Both projects were multi-year efforts where my roles were obtainingfunding, managing multi-person teams, devising novel models, creating QA and configurationmanagement systems, performing testing/review, and writing or editing project documentation.

Primary evidence of value of MACCS2 to DOE and others interested in nuclear safety was itsselection as one of the three dose/consequence codes for the DOE "Toobox": seven computercodes chosen for analyzing facility authorization basis. Conceived and developed the modelingenhancements of MACCS2 intended to make it a general-purpose code for diverse DOE nuclearfacilities, as compared to the commercial nuclear power plant focus of its predecessor, the NRC-sponsored MACCS.

The cleanup-cost model of SAND96-0957 is recognized as state of the art, but, sinceconventional nuclear accident analysis generally focuses on doses and health effects (noteconomic costs), only two government agencies are known to routinely use it in accidentanalyses: DOE and NASA.

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The cleanup-cost model of SAND96-0957 is recognized as state of the art, but, sinceconventional nuclear accident analysis generally focuses on doses and health effects (noteconomic costs), only two government agencies are known to routinely use it in accidentanalyses: DOE and NASA.

The SAND96-0957 models were adopted as-is into DOE's RADTRAN/RADCAT transportation-accident codes and therefore integral in all NEPA studies evaluating transportation risks of spentnuclear fuel (SNF) sent to the proposed Yucca Mountain Project for geologic disposal. Itscleanup-cost models are routinely used by NASA for NEPA studies of risks associated withcatastrophic launch failure of Pu-238 RTG-powered space missions, e.g. Cassini and Galileo.

2009-- Expert Witness before Atomic.Safety & Licensing Board (ASLB)

Relicensing of commercial nuclear power plants. Engagement from authorship of MACCS2 andSAND96-0957.

2001-2004 Senior Risk Analyst, Technadyne Engineering, Albuquerque, NM

Hired into the RADTRAN project to serve as new code developer in October 2001, was soongiven full project-leadership responsibilities in acting capacity (due to contractor status) whenSNL staff member heading project retired unexpectedly. Led project for two years when primaryachievement was obtainment of DOE funding to revamp the architecture from 1970s-basedUNIX system to modern web/Java-based system. Leadership role was unusual for contractorbecause budgeting/oversight responsibilities are normally reserved for SNL employees.

Due to expertise on economic impacts of radiation accidents, supported National SecurityStudies Dept. of SNL by evaluating relative dose potential of isotopic sources found incommerce. Also helped assess the costs and cleanup standards that might result from a deliberatedispersal event. Effort lasted over a year with work done at OUO level.

Provided MACCS2 support to NRC-sponsored Vulnerability Assessment (VA) of Spent NuclearFuel (SNF) performed at SNL in 2002-2003. Performed preliminary assessments and gavebriefings to NRC staff on potential cleanup costs using SAND96-0957 methods. Funding fromNRC was expected, but never received, for inclusion of cost estimates in VA. Also at NRCrequest, provided confirmatory analysis of a State of Nevada NEPA contention that cleanup costsfrom a "worst-case" SNF railcar accident in Salt Lake City would amount to roughly $280billion, results almost identical to Nevada contention.

As architect and developer of MACCS2, reviewed DOE Toolbox draft documents pertaining tothe code for the now-finalized "Gap" and "Guidance" documents.

1996-2001 Consulting Risk Analyst, Albuquerque, NM and Kauai, HI

Fulfilled three separate consulting contracts with Pantex Plant relating to the development andvalidation of modeling methods for assessing the on-site and off-site consequences ofradiological accidents involving weapons-grade plutonium and tritium dispersed to atmosphere

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via explosion, fire, and leak. Performed sensitivity studies in conjunction with an emergencyresponse exercise. Assembled a large body of declassified data from the 1963 Operation RollerCoaster, later utilizing that data for code-to-code comparisons as documented in Hills, Chanin,and Dickerman (1998) and Steele, Wald, and Chanin (1998). Assisted with the processing ofmeteorological data from Pantex weather tower in conjunction with upper-air soundings from theNational Weather Service. Final product of those three contracts was a set of draft PlantStandards codifying calculational methods deemed acceptable for evaluating radiation dosesfrom potential severe accidents at Pantex Plant.

In coordination with the work being done for Pantex, provided 1997 support to DOE LANLOperations Office relating to LANL meteorology, development of a validated methodology formodeling explosive dispersal, and performance of site-specific analyses. This work resulted inLA-UR-98-1901.

Under an ongoing consulting contract with SNL, provided technical support to the RADTRANdevelopment team in adapting the food-chain model of MACCS2 for use in assessingtransportation accident risks. Provided a detailed review of agricultural food-chain pathwayparameters based on national-average agricultural conditions. In addition to adoption byRADTRAN of the MACCS2 food-chain model (COMIDA2), RADTRAN also adopted theeconomic-cost model of SAND96-0957.

Under auspices of Technadyne Engineering, prepared and presented training workshops in 1997for users of the MACCS2 code. These meetings led to the use of MACCS2 in assessingaccidents involving dispersal of plutonium via explosion and fire by DOE LANL OperationsOffice and Pantex Plant. Same training workshops were repeated for the Accelerator ProductionTritium (APT) team at SNL, and then for staff at Savannah River Site (SRS).

Provided technical support and training in 1997 to Westinghouse Savannah River Companyrelating to the use of MACCS2 and the preparation of site-specific data for its application atSRS. The main goal was development of models and data assessing risks to on-site workers,which entailed data-gathering interviews with SRS first responders and detailed reviews of thesite.

1982-1996 Senior Risk Analyst, Technadyne Engineering, Albuquerque, NM

Performed diverse duties relating to the development of MACCS and MACCS2. From 1992-1996 was technical leader of the MACCS2 project after obtaining DOE sponsorship for it.Participated in expert review panels and drafted white papers relating to the New ProductionReactor, the NASA Cassini Mission, a space nuclear propulsion concept, legacy Hanford WasteTanks, the Pantex Zone 4 SAR and Site-Wide EIS, and the Defense Programs TransportationRisk Assessment (DPTRA). MACCS2 is the most widely-used code of its type, with over 500recipients worldwide applying it to both reactor and non-reactor nuclear facilities. MACCS2 hasusage that spans numerous M&Os across DOE, as well as wide use by NRC staff and itslicensees.

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Supported SNL during 1995-1996 in the development of an updated version of the RADTRANtransportation accident analysis code. Major focus of project was to upgrade the economic cost,,dosimetry, and food-chain modules and to make use of newly developed models obtained fromSAND96-0957, as well as incorporation of several novel modeling approaches originallydeveloped for MACCS2. In a related effort, participated with the RADTRAN team in aComplex-wide DOE/EM review that assessed the RISKIND transportation accident code ofArgonne National Laboratory.

In 1982 was principal author of the TOXRISK code, developed by SNL for NRC to estimaterisks to nuclear power plant control room operators from accidents involving nearbytransportation of toxic materials.

All the specialized technical knowledge to perform these duties was learned on the job, withoutany formal training in health physics or nuclear safety.

1981-1982 Systems Analyst, Scientific Simulation, Inc., Albuquerque, NM

Performed and documented computer simulations of the Airborne Laser Laboratory Program atthe Air Force Weapons Laboratory (AFWL). For SNL, performed simulation of heat loss fromsteam injection into well-bores to enhance oil recovery.

1980-1981 Research Analyst, Falcon Research,, Albuquerque, NM

Performed comparative evaluation of the GETOUT and SWIFT groundwater transport codes.Participated in the incorporation of the GEMM missile model within the TAP code for AFWL.Was one of the first users of the Cray-1 at AFWL.

Principal Publications:

Chanin, D.I., et al. (1990). MELCOR Accident Consequence Code System (MACCS), Vols. 1-3,NUREG/CR-469 1, SAND86-1562, Sandia National Laboratories.

Chanin, D.I. (1992). A New Emergency Response Modelfor MACCS, LA-SUB-94-67,DE94017051, Los Alamos National Laboratory.

Chanin, D.; et al. (1993). MA CCS Version 1.5.11.1: A Maintenance Release of the Code,NUREG/CR-6059, SAND92-2146, Sandia National Laboratories.

Chanin, D.; Young, M. (1994). "MACCS2: An Improved Code for Assessing Nuclear AccidentConsequences," American Nuclear Society Transactions, New Orleans, LA, June 19-23, 1994.

Chanin, D.; Murfin, W. (1996). Site Restoration: Estimation of Attributable Costs fromPlutonium-Dispersal Accidents, SAND96-0957, DE9601166, Sandia National Laboratories.Original 300-dpi OSTI version available at: http://chaninconsulting.com/downloads/sand96-0957.pdf (10.4 MB), OCR-readable courtesy S. Aftergood, FAS.

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Chanin, D.; Murfin, W. (1996). "Site Restoration: Estimation of Attributable Costs fromPlutonium-Dispersal Accidents," American Nuclear Society Transactions, Washington, DC,November 19-22, 1996.

Young, M.; Chanin, D. (1997). "MACCS2 Development and Verification Efforts," SAND97-0561 C, DE97004202, conference paper, Sandia National Laboratories. Available at:http://www.osti.gov/bridge/product.biblio.jsposti id=453548&query id=2.

Chanin, D.I.; Young, M.L. (1997 & 1998). Code Manual for MACCS2: Volume 1, User's Guide,SAND97-0594, NUREG/CR-6613, Sandia National Laboratories. Because of its recentdisappearance from OSTI, now available here:http://chaninconsulting.com/downloads/maccs2vl .pdf (925 KB).

Steele, C.M.; Wald, T.L.; Chanin, D.I. (1998). Plutonium Explosive Dispersal Modeling Usingthe MACCS2 Computer Code, LA-UR-98-1901, DE99000564, Los Alamos National Laboratory.Download full text: LA-UR-98-1901 .pdf (3 MB).

Hills, C.R.; Chanin, D.I.; Dickerman, C.L. (1998). Validation Study ofAvailable Models forConsideration of Explosive Releases at Pantex Plant, RPT-30, Mason & Hanger Corporation.Download full text: Validation Study of Explosive Releases.pdf (872 KB).

Chanin, D.I. (2005), "The Development of MACCS2: Lessons Learned," [written for:] EFCOGSafety Analysis'Annual Workshop Proceedings, Santa Fe, NM, April 29-May 5, 2005. Full text:the development of maccs2.pdf (154 KB), revised 12/17/2009.

Professional References: Available on request.

2. Memorandum and Order (Ruling on Motion to Dismiss petitioner's Contention 3

regarding Severe Accident Mitigation Alternatives), Dissenting Opinion of

Administrative Judge Ann Marshall Young, October 30, 2007, at 30

Intervenors support their challenge to input data regarding costs with the declaration

and certain supporting material provided by David Chanin, who states that he "was

the primary developer of the MACCS and MACCS2 computer codes under

sponsorship of the U.S. NRC and DOE while working at Sandia National

Laboratories 1982-1996," and who according to his resume has co-authored several

articles on the MACCS2 code as well as three NRC guidance documents including

NUREG/CR-6613, Vol. 1, the NRC's User's Guide to the Code Manual for

MACCS2.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

BEFORE JUDGE PAUL B. ABRAMSON

THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of Docket # 50-293-LR

Entergy Corporation

Pilgrim Nuclear Power Station

License Renewal Application May 14,2010

CERTIFICATE OF SERVICE

I hereby certify that the Motion On Behalf Of Pilgrim Watch For Disqualification of Judge PaulB. Abramson In The Pilgrim Nuclear Power Station Re-Licensing Proceeding was served May14, 2010 in the above captioned proceeding to the following persons by electronic mail this date,followed by deposit of paper copies in the U.S. mail, first class.

Secretary of the CommissionAttn: Rulemakings and AdjudicationsStaffMail Stop 0-16 C1United States Nuclear RegulatoryCommission [2 copies]

Administrative JudgeAnn Marshall Young, ChairAtomic Safety and Licensing BoardMail Stop - T-3 F23US NRCWashington, DC 20555-0001

Administrative JudgePaul B. AbramsonAtomic Safety and Licensing BoardMail Stop T-3 F23US NRCWashington, DC 20555-0001

Administrative JudgeRichard F. ColeAtomic Safety and Licensing BoardMail Stop -T-3-F23US NRCWashington, DC 20555-0001

Office of Commission AppellateAdjudicationMail Stop 0-16 C IUnited States Nuclear RegulatoryCommissionWashington, DC 20555-0001

Atomic Safety and Licensing BoardMail Stop T-3 F23United States Nuclear RegulatoryCommissionWashington, DC 20555-0001

U.S. Nuclear Regulatory CommissionOffice of Commission AppellateAdjudicationMail Stop: 0-16C1Washington, DC 20555-0001

U.S. Nuclear Regulatory CommissionOffice of General CounselMail Stop: 0-15 D21Washington DC 20555-0001Susan L. Uttal, Esq.Marcia Simon, Esq.Andrea Jones, Esq.David Roth, Esq.Brian Harris, Esq.Michael Dreher, Esq.Brian Newell, Paralegal

U.S. Nuclear Regulatory CommissionOffice of Nuclear Reactor RegulationMail Stop: 01 -FlWashington, DC 20555-0001

Lisa Regner, Project Mgr. Plant Lic.Branch 1-1, Operator Reactor LicensingWashington, DC 20555-0001

Paul A. Gaukler, Esq.David R. Lewis, Esq.Jason B. Parker, Esq.Pillsbury, Winthrop, Shaw, Pittman,LLP - 2300 N Street, N.W.Washington, DC 20037-1128

Martha Coakley, Attorney GeneralMatthew Brock, Assistant AttorneyGeneral Commonwealth ofMassachusettsOffice of Attorney GeneralOne Ashburton PlaceBoston, MA 02108

Mark StankiewiczTown Manager, Town of Plymouth11 Lincoln StreetPlymouth MA 02360

Sheila Slocum Hollis, Esq.Town of Plymouth MADuane Morris, LLP505 9th Street, N.W. 1000Washington D.C. 20004-2166

Richard R. MacDonaldTown Manager, Town of Duxbury878 Tremont StreetDuxbury, MA 02332

Fire Chief & Director DEMA,Town of Duxbury688 Tremont StreetP.O. Box 2824Duxbury, MA 02331

Terence A. Burke, Esq.Entergy NuclearMail Stop M-ECH-62Jackson, MS 39213

Katherine Tucker, Esq.Law Clerk, Atomic Safety and LicensingBoard PanelU.S. Nuclear Regulatory Commission11545 Rockville Pike, Mail Stop T3-E2aRockville, MD 20852

Mary LampertPilgrim Watch, pro se148 Washington St.,Duxbury, MA 023332May 14, 2010

2