Whether the Federal Circuit erred by affirming the practice that an administrative agency may penalize the subject of an agency determination for failure to conform with a methodology, after the agency has altered that methodology and applied it retroactively in making its determination

QUESTION PRESENTED Whether the Federal Circuit erred by affirming, in conflict with the D.C. Circuit, the practice that an administrative agency may penalize the subject of an agency determination for failure to conform with a methodology, after the agency has altered that methodology and applied it retroactively in making its determination.