DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,463

BRAYTON POINT ENERGY, LLC
A SUBSIDIARY OF DYNEGY RESOURCE III, LLC
INCLUDING ON-SITE LEASED WORKERS FROM CORESTAFF
SOMERSET, MASSACHUSETTS

Notice of Revised Determination
on Reconsideration

On May 19, 2017, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Brayton Point Energy, LLC, a
subsidiary of Dynegy Resource III, LLC, including on-site leased
workers from Corestaff, Somerset, Massachusetts (“Brayton Point
Energy, LLC”). The notice has not been published in the Federal
Register at this time.
To support the request for reconsideration, the petitioner
supplied additional information regarding the subject firm’s
production decline to supplement that which was gathered during the
initial investigation.
Based on findings provided during the reconsideration
investigation, the Department of Labor determines that increased
customer reliance on imports of articles like or directly
competitive to those articles produced by Brayton Point Energy, LLC
contributed importantly to the worker separations and sales and
production declines at Brayton Point Energy, LLC.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Brayton Point Energy,
LLC, a subsidiary of Dynegy Resource III, LLC, including on-site
leased workers from Corestaff, Somerset, Massachusetts, who were
engaged in activities related to the production of electrical
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 Brayton Point Energy, LLC, a subsidiary of
Dynegy Resource III, LLC, including on-site leased workers
from Corestaff, Somerset, Massachusetts who became totally or
partially separated from employment on or after December 5,
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 8th day of August, 2017


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



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,463

BRAYTON POINT ENERGY, LLC
A SUBSIDIARY OF DYNEGY RESOURCE III, LLC
INCLUDING ON-SITE LEASED WORKERS FROM CORESTAFF
SOMERSET, MASSACHUSETTS

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 11, 2017, a company official,
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Brayton Point Energy, LLC, a subsidiary of Dynegy Resource III,
LLC, including on-site leased workers from Corestaff, Somerset,
Massachusetts. The determination was issued on March 29, 2017 and the
Department’s Notice will soon be published in the Federal Register.
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 determination was based, in part, on the finding that
imports of articles like or directly competitive with the electricity
and/or coal ash produced by the workers’ firm did not increase during
the relevant period when compared to the representative base period.
The request for reconsideration asserts, in part, that
“electrical imports ... have increased.” The request includes
support documentation and additional information.
The Department of Labor 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 19th day of May, 2017

/s/ Del-Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,463

BRAYTON POINT ENERGY, LLC
A SUBSIDIARY OF DYNEGY RESOURCE III, LLC
INCLUDING ON-SITE LEASED WORKERS FROM CORESTAFF
SOMERSET, MASSACHUSETTS

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 December 5, 2016 by a company official on behalf of
workers of Brayton Point Energy, LLC, a subsidiary of Dynegy
Resource III, LLC, Somerset, Massachusetts (herein referred to
as "Brayton Point Energy, LLC"). The workers' firm is engaged
in activities related to the production of electricity and coal
ash. The workers are not separately identifiable. The subject
worker group includes on-site leased workers from Corestaff.
The petitioner alleged that, "Brayton Point Generating
Station is being closed, and subsequently all employees will
be terminated (separated from employment), in part due to the
market fundamentals that allow for the import of power
produced in Canada to flow into New England."
During the course of the investigation, information was
collected from the workers' firm and the declining customer(s)
of the workers' firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Brayton Point Energy, LLC has not
experienced a decline in the sales or production of
electricity during the relevant period under investigation.
Sales and production increased during the period of January
through November 2016 over the corresponding 2015 period.
Pertaining to coal ash, sales and production did decline
during the aforementioned period.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of coal ash did not
increase. Neither the workers' firm nor the workers' firm
declining customer(s) reported imports of coal ash or like or
directly competitive articles. A survey of the workers' firm
declining customer(s) revealed no imports of coal ash or a
like or directly competitive article during the aforementioned
period. Furthermore, the customer(s) did not produce an
article in which coal ash was incorporated within. Imports of
electricity were not looked into based upon the increase in
sales and production during the aforementioned period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of electricity or coal ash or like or directly
competitive articles to a foreign country or acquire
electricity or coal ash or like or directly competitive
articles from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Brayton Point Energy, LLC is not a
Supplier or acts as 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 either 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 Brayton Point Energy,
LLC, a subsidiary of Dynegy Resource III, LLC, including on-
site leased workers from Corestaff, Somerset, Massachusetts
engaged in activities related to the production of electricity
and coal ash to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 29th day of March 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance