Petitioner Type: State
Impact Date: 10/29/2013
Filed Date: 11/03/2014
Most Recent Update: 03/30/2017
Determination Date: 11/20/2014
Expiration Date: 12/29/2020
Employment and Training Administration
TA-W-85,625
ENTERGY NUCLEAR OPERATIONS, INC.
A SUBSIDIARY OF ENTERGY CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM GUIDANT GROUP INC., RCM
TECHNOLOGIES, INC., CB&I STONE CONSTRUCTION, SECURITAS CRITICAL
INFRASTRUCTURE, AND THE ATLANTIC GROUP, INC.
VERNON, VERMONT
Amended Certification Regarding Eligibility to
Apply for Worker 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on November 20, 2014, applicable to workers of Entergy
Nuclear Operations, Inc., a subsidiary of Entergy Corporation,
including on-site leased workers from Guidant Group, Inc.,
Vernon, Vermont (subject firm). The workers are engaged in
activities related to the production of energy.
At the request of the State of Vermont, the Department
reviewed the certification for workers of the subject firm. The
request for review is not applicable to workers eligible to apply
for Trade Adjustment Assistance under TA-W-85,625A (Entergy
Vermont Training Center, Brattleboro, Vermont).
The review shows that the United States Nuclear Regulatory
Commission required the subject firm to submit a Post-Shutdown
Decommissioning Activities Report and provide intention to move
all of the spent nuclear fuel into dry cask storage and put the
plant into safe storage pending full decommission.
It is determined that there is a causal nexus between
increased aggregated U.S. imports of energy (electricity) and the
subject firm’s cessation of operations and the subject workers’
separations; consequently, worker separations at the subject firm
through December 29, 2020 are attributable to the conditions
specified in Section 222 of the Trade Act, as amended.
The amended notice applicable to TA-W-85,625 is hereby issued
as follows:
“All workers of Entergy Nuclear Operations, Inc., a
subsidiary of Entergy Corporation, including on-site leased
workers from Guidant Group, Inc., RCM Technologies, Inc.,
CB&I Stone Construction, Securitas Critical Infrastructure,
and The Atlantic Group, Inc., Vernon, Vermont, who became
totally or partially separated from employment on or after
October 29, 2013, through December 29, 2020, and all workers
in the group threatened with total or partial separation from
employment on the date of certification through December 29,
2020, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 30th day of March, 2017
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,625
ENTERGY NUCLEAR OPERATIONS, INC.
A SUBSIDIARY OF ENTERGY CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM GUIDANT GROUP INC.
VERNON, VERMONT
TA-W-85,625A
ENTERGY VERMONT YANKEE TRAINING CENTER
BRATTLEBORO, VERMONT
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 November 3, 2014 by the state workforce office on
behalf of workers of Entergy Nuclear Operations, Inc., a
subsidiary of Entergy Corporation, Vernon, Vermont (TA-W-
85,625) and Entergy Vermont Yankee Training Center,
Brattleboro, Vermont (TA-W-85,625A). The worker's firm
produces energy. The worker group includes on-site leased
workers from Guidant Group Inc.
During the course of the investigation, information was
collected from the workers' firm and the United States Energy
Information Administration.
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/or production of energy by Entergy Nuclear Operations,
Inc. have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
energy have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Entergy Nuclear
Operations, Inc. and Entergy Vermont Yankee Training Center.
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 Entergy Nuclear
Operations, Inc., a subsidiary of Entergy Corporation, Vernon,
Vermont (TA-W-85,625), and Entergy Vermont Yankee Training
Center, Brattleboro, Vermont (TA-W-85,625A), who are engaged in
activities related to the production of energy 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 Entergy Nuclear Operations, Inc., a
subsidiary of Entergy Corporation, including on-site
leased workers from Guidant Group Inc., Vernon, Vermont
(TA-W-85,625) and Entergy Vermont Yankee Training Center,
Brattleboro, Vermont (TA-W-85,625A), who became totally or
partially separated from employment on or after October 29,
2013 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 November, 2014
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance