Certified
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TAW-80037  /  Boralex Ashland LP (Ashland, ME)

Petitioner Type: Workers
Impact Date: 03/10/2010
Filed Date: 03/11/2011
Most Recent Update: 06/20/2011
Determination Date: 06/20/2011
Expiration Date: 06/20/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,037

BORALEX ASHLAND LP
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE
REPORTED UNDER BORALEX BIOMASS OPERATIONS, INC.
ASHLAND, MAINE

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision

The investigation was initiated in response to a petition
filed on March 11, 2011 on behalf of workers of Boralex Ashland
LP, Ashland, Maine (Boralex). The workers' firm is engaged
activities related to the production of electrical power. The
group consists of workers whose unemployment insurance (UI)
wages are reported under Boralex Biomass Operations, Inc.
During the course of the investigation, information was
collected from the workers' firm, Maine Public Utilities
Commission and National Energy Regulation Commission.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of electrical power by Boralex have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article
produced by Boralex have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales and production declines at Boralex.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Boralex Ashland LP,
including workers whose unemployment insurance (UI) wages are
reported under Boralex Biomass Operations, Inc., Ashland,
Maine, who are engaged in activities related to the production
of electrical power meet the worker group certification criteria
under 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Boralex Ashland LP, including workers
whose unemployment insurance (UI) wages are reported
under Boralex Biomass Operations, Inc., Ashland, Maine,
who became totally or partially separated from employment
on or after March 10, 2010, through two years from the date
of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended, and are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 20th day of June, 2011



/s/Hope D. Kinglock_____
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance