Certified
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TAW-96091  /  Somerset Operating Company, LLC (SOC) (Barker, NY)

Petitioner Type: Workers
Impact Date: 07/23/2019
Filed Date: 07/24/2020
Most Recent Update: 12/17/2020
Determination Date: 12/17/2020
Expiration Date: 12/17/2022

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,091

SOMERSET OPERATING COMPANY, LLC (SOC)
A SUBSIDIARY OF RIESLING POWER LLC
BARKER, 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 July 24, 2020 on behalf of workers and former workers of
Somerset Operating Company, LLC (SOC), a subsidiary of Riesling
Power LLC, Barker, New York (Somerset Operating Company-Barker).
Workers of Somerset Operating Company-Barker are engaged in
activities related to the production of electricity. The worker
group does not include on-site leased workers.
During the course of the investigation, information was
collected from the petition, the workers' firm, major declining
customer(s), and other sources.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Somerset Operating Company-Barker
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 Somerset
Operating Company-Barker sales and/or production of electricity
have decreased.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the electricity
produced by Somerset Operating Company-Barker have increased
during the relevant period when compared to the representative
base period.
Section 222(a)(2)(A)(iii) has been met because increased
imports contributed importantly to the worker group separations
and sales/production declines at Somerset Operating Company-
Barker.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Somerset Operating
Company-Barker 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 Somerset Operating Company, LLC (SOC), a
subsidiary of Riesling Power LLC, Barker, New York, who
became totally or partially separated from employment on or
after July 23, 2019 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 17th day of December 2020.

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