DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,195

DUNKIRK POWER LLC
A SUBSIDIARY OF NRG ENERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PONTOON SOLUTIONS, INC.
DUNKIRK, NEW YORK

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
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 have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm 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.

The investigation was initiated in response to a petition
filed on December 7, 2015 by the International Brotherhood of
Electricial Workers, Local Union 97 on behalf of workers of
Dunkirk Power LLC, a subsidiary of NRG Energy Inc., including
on-site leased workers from Pontoon Solutions, Inc., Dunkirk,
New York. The workers’ firm is engaged in activities related to
the production of electrical generation, capacity and ancillary
services.
During the course of the investigation, information was
collected from the workers’ firm and major declining customer.
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 electrical generation, capacity and
ancillary services by Dunkirk Power LLC, a subsidiary of NRG
Energy Inc., Dunkirk, New York, have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
article produced by Dunkirk Power LLC, a subsidiary of NRG
Energy Inc., Dunkirk, New York, have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at
Dunkirk Power LLC, a subsidiary of NRG Energy Inc., Dunkirk,
New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dunkirk Power LLC, a
subsidiary of NRG Energy Inc., including on-site leased
workers from Pontoon Solutions, Inc., Dunkirk, New York, who
are engaged in activities related to the production of
electrical generation, capacity and ancillary services meet the
worker group certification criteria under Section 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 Dunkirk Power LLC, a subsidiary of NRG
Energy Inc., including on-site leased workers from
Pontoon Solutions, Inc., Dunkirk, New York, who became
totally or partially separated from employment on or after
December 4, 2014 through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification 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.”

Signed in Washington, D.C. this 19th day of January, 2016.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance