DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,193

WHITE PINE ELECTRIC POWER, LLC
A SUBSIDIARY OF PM POWER GROUP, INC.
WHITE PINE, MICHIGAN

Notice of Revised Determination
on Reconsideration

On June 20, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of White Pine Electric Power,
LLC, a subsidiary of PM Power Group, Inc., White Pine, Michigan
(White Pine Electric Power). Workers at White Pine Electric Power
are engaged in activities related to the production of electric
power.
During the course of the reconsideration investigation, the
Department carefully reviewed the request for reconsideration and
previously submitted information, and obtained additional
information from the subject firm and public sources.
Based on findings during the reconsideration investigation,
the Department determines that imports of articles like or
directly competitive with the electric power produced by White
Pine Electric Power increased during the relevant period when
compared to the representative base period, and that increased
imports contributed importantly to sales/production declines and
worker separations at White Pine Electric Power.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of White Pine Electric
Power, who were engaged in employment related to the production of
electric power, 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 White Pine Electric Power, LLC, a subsidiary
of PM Power Group, Inc., White Pine, Michigan, who became
totally or partially separated from employment on or after
September 9, 2015, through two years from the date of this
certification, and all workers in the group threatened with
total or partial separation from employment on 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 5th day of September, 2017


/s/ Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,193

WHITE PINE ELECTRIC POWER, LLC
A SUBSIDIARY OF PM POWER GROUP, INC.
WHITE PINE, MICHIGAN


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 25, 2017, the United Steelworkers
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
White Pine Electric Power, LLC, a subsidiary of PM Power Group,
Inc., White Pine, Michigan (White Pine Electric Power). The
determination was issued on March 15, 2017.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that increased imports of articles like or
directly competitive with the electricity produced by White Pine
Electric Power did not contribute importantly to the worker group
separations at White Pine Electric Power. The Department reviewed
sales, production, and import data for full year 2014, full year
2015, January through September 2015, and January through
September 2016.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that White Pine Electric Power did not shift
the production of electricity, or a like or directly competitive
article, to a foreign country or acquire the production of
electricity, or a like or directly competitive article, from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that White Pine Electric Power is not a
Supplier or a Downstream Producer to a firm that employed a group
of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).
With respect to Section 222(e) of the Act, the investigation
revealed that the workers’ firm has not been publicly identified by
name by the International Trade Commission as a member of a
domestic industry in an investigation resulting in an affirmative
finding of serious injury, market disruption, or material injury,
or threat thereof.
The request for reconsideration includes new information in
support of allegations of increased imports from Canada and new
information in support of allegations that the subject firm is a
secondary service supplier to a firm that employed a group of
workers who received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a).
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 20th day of June, 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-92,193

WHITE PINE ELECTRIC POWER, LLC
A SUBSIDIARY OF PM POWER GROUP, INC.
WHITE PINE, MICHIGAN

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the 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) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on September 12, 2016 by a company official on behalf of
workers of White Pine Electric Power, LLC, a subsidiary of PM
Power Group, Inc., White Pine, Michigan (White Pine Electric
Power). The workers' firm is engaged in activities related to
the production of electricity. The worker group does not
include on-site leased workers.
The petition states: "White Pine Electric Power, LLC
initially came on line as a local capacity resource. With an
improved transmission grid much of the local capacity is now
served by Manitoba Hydro out of Canada. The increased
transmission capacity has allowed the foreign generator to
service loads within the United States of America (USA). In
turn our small local generator is no longer needed as a
capacity resource even though we feel its retirements violates
reliability standards set forth by regulatory agencies."
During the course of the investigation, information was
collected from the workers' firm, its major declining
customers, and public sources.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that increased imports of articles like
or directly competitive with the electricity produced by White
Pine Electric Power did not contribute importantly to the
worker group separations at White Pine Electric Power. The
Department reviewed sales, production, and import data for
full year 2014, full year 2015, January through September
2015, and January through September 2016.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that White Pine Electric Power did not
shift the production of electricity, or a like or directly
competitive article, to a foreign country or acquire the
production of electricity, or a like or directly competitive
article, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that White Pine Electric Power is not a
Supplier or a Downstream Producer to a firm that employed a
group of workers who received a certification of eligibility
under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of White Pine Electric
Power, LLC, a subsidiary of PM Power Group, Inc., White Pine,
Michigan, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 15th day of March 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance