By John Stang
Honeywell International recently sued the federal government in an effort to reclaim almost $2 million in payments made to the U.S. Nuclear Regulatory Commission in 2013 and 2014.
The lawsuit was filed Feb. 16 in the U.S. Court of Federal Claims.
Honeywell’s Metropolis Works plant in Illinois converts natural uranium into uranium hexafluoride for use in production of enriched uranium to power nuclear power plants. It is the only such facility in the United States.
After a 2011 earthquake and tsunami wrecked most of the nuclear power complex at Fukushima, Japan, the NRC inspected all major nuclear fuel facilities to see if Fukushima-style vulnerabilities existed in the United States. In a May 2012 inspection, the NRC determine the Metropolis Works plant needed major work to make the buildings, equipment, and pipes able to withstand earthquakes and tornados.
The NRC said the Honeywell plant had failed to identify all of the potential ways to prevent the release of uranium hexafluoride in the event of an earthquake or tornado. The facility also did not provide complete and accurate information on its emergency response plans, according to the regulator.
The plant halted production in May 2012 to tackle the fix-it work. Honeywell made about $50 million worth of improvements in the buildings and equipment in 2012 and 2013, with the NRC authorizing the corporation to resume production in July of that year, according Honeywell’s legal complaint.
In 2013 and 2014, the NRC sent five invoices — totaling $1.914 million — to Honeywell to cover the costs of the agency’s oversight and supervision for the plant upgrades. Honeywell paid the invoices while also disputing whether it is legally liable for the payments. It said the regulator did not issue a notice of violation in the matter, but provided a confirmatory order instead. A confirmatory order is a civil action, which is exempt from the fees invoiced to the company under federal regulations, Honeywell claims in its lawsuit.
The complaint also says the NRC also failed to follow through on a 2014 agreement to refund $100,000 on some supervisory work.
The NRC referred questions on the lawsuit to the U.S. Department of Justice, which did not respond to requests for comment.
The Honeywell Metropolis plant suspended operations late last year due to an oversupply of uranium hexafluoride globally and a decreased demand for the material. It is keeping a minimal workforce on site in case it eventually resumes production.
