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HONEYWELL INTERN. v. NUCLEAR REGULATORY COM'N

No. 10-1022.

628 F.3d 568 (2010)

HONEYWELL INTERNATIONAL, INC., Petitioner v. NUCLEAR REGULATORY COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Tyson R. Smith argued the cause for petitioner. With him on the briefs was David A. Repka.

Robert M. Rader , Senior Attorney, U.S. Nuclear Regulatory Commission, argued the cause for respondent. With him on the brief were Robert Dreher , Acting Assistant Attorney General, U.S. Department of Justice, John E. Arbab , Attorney, Stephen G. Burns , General Counsel, U.S. Nuclear Regulatory Commission, and John F. Cordes Jr. , Solicitor.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In 2007 and 2008, the Nuclear Regulatory Commission granted the requests of Honeywell International, Inc. for exemptions from the regulatory requirement that licensees have a tangible net worth at least 10 times the current decommissioning cost estimate of its licensed facility. In each instance, the Commission justified the exemption by considering the value of Honeywell's goodwill, an intangible asset.1 Yet the...

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