UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,717
COMPREHENSIVE DECOMMISSIONING INTERNATIONAL

PLYMOUTH, MASSACHUSETTS
Notice of Negative Determination on Reconsideration

By application dated April 29, 2021, State Workforce Official requested administrative
reconsideration of the negative determination regarding workers' eligibility to apply for
trade adjustment assistance applicable to workers and former workers of Comprehensive
Decommissioning International , Plymouth, MA. The negative determination issued by the
Department of Labor (Department) was issued on April 20, 2021. The Notice of determination was
published in the Federal Register on May 19, 2021.

The request for reconsideration states this request is to appeal the recent denial of the CDI
petition TA-W-96717. The company would like to provide additional clarification concerning the
increased imports criterion not being met. The current workers at Pilgrim Station were former
workers under the Entergy petition TA-W-94592. These workers transitioned to CDI and continued
to work at the Pilgrim site to assist in decommissioning the nuclear plant. They are hoping that this
additional clarification of the previous employment of the workers will assist in the reconsideration
and approval of the petition.

The workers of Comprehensive Decommissioning International, Plymouth, Massachusetts
(hereafter referred to as a "group of workers") are engaged in activities related to the supply
of decommissioning services and are not separately identifiable by service. The reconsideration
investigation revealed that the decommissioning services are performed on-site and cannot be
performed virtually/remotely or offshored.
Statutory Criteria

For the Department to issue a certification for workers under Section 222(a) of the Trade
Act, 19 U.S.C. § 2272(a), the following criteria must be 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.
INCREASED IMPORTS
(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely.

(ii)(I) Imports of articles or services like or directly competitive with articles
produced or services supplied by such firm have increased;
(II)(aa) imports of articles like or directly competitive with articles into
which one or more component parts produced by such firm are directly
incorporated have increased;

(bb) imports of articles like or directly competitive with articles
which are produced directly using services supplied by such firm,
have increased; AND

(III) imports of articles directly incorporating one or more component parts
produced outside the United States that are like or directly competitive with
imports of articles incorporating one or more component parts produced
by such firm have increased.
20 C.F.R. 618.110 defines increased imports to mean "that imports have increased either
absolutely or relative to domestic production compared to a representative base period. The
representative base period will be 1 year consisting of the 4 quarters immediately preceding the
date that is 12 months prior to the date of the petition."

(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause." In determining
contributed importantly, according to 20 C.F.R. 618. 225(a)(2)(iv) "(A) Analysis of the impact of
increased imports on worker separations and declines in sales or production at the workers' firm
must generally consist of determining: (1) Whether there are one or more events, or factors, that
lessen or sever the causal nexus between the increase in imports and worker separations or threat
of separation, and the decline in sales and production at the workers' firm; (2) What percentage
of the workers' firm sales or production declines was attributable to the firm's increased imports;

(3) What percentage of the workers' firm customer(s) sales or production declines was attributable
to the firm's increased imports; and (4) whether there are other events or factors that mitigate or

-10
amplify the impact of increased imports on the workers' firm. (B) The impact may be determined
using a quantitative or qualitative analysis."
SHIFT ACQUISITION

(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which are
produced or services which are supplied by such firm; or

(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which are
supplied by such firm;
20 C.F.R. 618.225(b)(2)(ii)(B) states that an analysis of shift data must generally consist of
a: (1) Comparison of shift data on the petition date to shift data that is 1 year prior to the petition
date; (2) Review of shift activity during the 1-year period prior to the petition date; and (3) Review
of evidence provided by the workers' firm regarding shift activity scheduled to occur after the
petition date.
According to 20 C.F.R. 618.225(b)(2)(iii)(A), "Analysis of impact of shift activity on
worker separations must generally consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift activity and worker separations
or threat of separation; (2) What percentage of the workers' firm sales or production declines was
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility
or facilities decreased at the same or at a greater rate than operations at the foreign facility or
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact of
shift activity on the workers' firm."

20 C.F.R. 618.225(c)(2)(ii) states that an analysis of acquisition data must generally consist
of a: (A) Comparison of acquisition data on the petition date to acquisition data that is 1 year prior
to the petition date; (B) Review of acquisition data during the 1-year period prior to the petition
date; and (C) Review of evidence provided by the workers' firm regarding acquisition activity
scheduled to occur after the petition date.

According to 20 C.F.R. 618.225(c)(3)(i), "Analysis of impact of acquisition data on worker
separations must generally consist of determining: (A) Whether there are one or more events or
factors that lessen or sever the causal nexus between the acquisition activity and worker separations

or threat of separation; (B) What percentage of the workers' firm sales or production declines was
attributable to the firm's acquisition activity; (C) Whether operations at the workers' firm domestic
facility or facilities decreased at the same or at a greater rate than contractor or licensee operations
in the foreign country; and (D) Whether there are other events or factors that mitigate or amplify
the impact of acquisition activity on the workers' firm."

(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause."

For the Department to issue a certification for workers under Section 222(b) of the Act, 19

U.S.C. § 2272(b), the following criteria must be met:
SECONDARY WORKERS
(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 subsection (a), and such supply
or production is related to the article or service that was the basis for such certification (as
defined in subsection (c) (3)and (4)); and
Section 222(c)(4) of the Trade Act, 19 U.S.C. § 2272(c), defines the term "Supplier" to
mean "a firm that produces and supplies directly to another firm component parts for articles, or
services, used in the production of articles or in the supply of services, as the case may be, that
were the basis for a certification of eligibility under subsection (a) of a group of workers employed
by such other firm."

Section 222(c)(3) of the Trade Act, 19 U.S.C. § 2272(c), defines the term "Downstream
Producer" to mean "a firm that performs additional, value-added production processes or services
directly for another firm for articles or services with respect to which a group of workers in such
other firm has been certified under subsection (a)." For purposes of this "Downstream Producer"

definition, the Trade Act provides, that ""¦value-added production processes or services include
final assembly, finishing, testing, packaging, or maintenance or transportation services."

(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 determined
under paragraph (I).
20 C.F.R. 618.225(d)(5) states that "the component parts supplied represented at least 20
percent of the supplier's production or sales during the 1-year period prior to the petition date,
or loss of business with the firm, during the 1-year period prior to the petition date, contributed
importantly to separations or threat of separation at the workers' firm." Sec. 222(c) of the Trade

Act and 20 C.F.R. 618.110 defines contributed importantly as, "a cause that is important but not
necessarily more important than any other cause.

20 C.F.R. 618.225(e)(5) states that the loss of business with the aforementioned firm must
occur during the 1-year period prior to the petition date to contributed importantly to separations
or threat of separations at the workers' firm."

For the Department to issue a certification for workers under Section 222(e) of the Act, 19

U.S.C. § 2272(e), the following criteria must be met:
INTERNATIONAL TRADE COMMISSION

(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 (B) or (C) of
paragraph (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).
During the course of the reconsideration investigation, the Department carefully reviewed
previously-submitted information and collected information from the reconsideration applicant,
the workers' firm, and other relevant sources, such as other open sources.

The investigation revealed that the workers' firm did not import decommissioning
services, or services like or directly competitive, during the period relevant to the investigation.

The reconsideration investigation revealed that the workers' firm did not shift
decommissioning services to a foreign country or acquire decommissioning services, or services
like or directly competitive, from a foreign country.

The investigation revealed that the workers' firm is not defined as a Supplier or
Downstream Producer to a firm that employed a group of workers who received a TAA
certification. The workers' firm did not supply decommissioning services to a firm whose
workers were TAA-certified. Pursuant to the applicant's allegation, "The current workers at
Pilgrim Station were former workers under the Entergy petition TA-W-94592. These workers
transitioned to CDI and continued to work at the Pilgrim site to assist in decommissioning the
nuclear plant," the activities performed under employment of CDI is different from the activities
performed under employment of Entergy. During the period relevant to this investigation, the
workers performed decommissioning activities. These activities were not supplied to Entergy.

The investigation revealed that the workers firm does not qualify for ITC consideration.
The workers' firm was 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 previously-submitted information and the facts obtained during the
reconsideration investigation, I affirm 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 Comprehensive

Decommissioning International, Plymouth, Massachusetts who are engaged in activities related to
the supply of decommissioning services to apply for trade adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of August, 2021

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


UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,717
COMPREHENSIVE DECOMMISSIONING INTERNATIONAL

PLYMOUTH, MASSACHUSETTS
Negative Determination Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers

In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for
workers.

The investigation was initiated in response to a TAA petition dated February 9, 2021 and
filed on February 10, 2021 by a Company Official, on behalf of workers and former workers of
Comprehensive Decommissioning International, Plymouth, Massachusetts (hereafter referred to
as a "group of workers"). In accordance with 20 C.F.R. 618 a group of workers is defined as, ""¦
inclusive of teleworkers and staffed workers."

The group of workers is engaged in activities related to the supply of on-site nuclear power
facilities decommissioning services and are not separately identifiable by service.

The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, "Nuclear Power driven out by foreign hydro power." The petition identifies the workers'
firm as located in Camden, New Jersey and the petitioning worker group as located at the Pilgrim
Nuclear Power Station in Plymouth, Massachusetts. The petition attachment consists of a petition
(dated March 5, 2019) filed on behalf of workers of Entergy Nuclear Operations, Inc., Jackson,
Mississippi working at Pilgrim Nuclear Power Station, Plymouth, Massachusetts. Workers of
Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station, Plymouth, Massachusetts are
eligible to apply for TAA under TA-W-94,592 based on increased imports of electricity. The aforementioned
certification expires on June 13, 2021.

During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.

Workers of a firm may be eligible for TAA if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Trade Act, 19 U.S.C. § 2272(a), (b) and (e).

For the Department to issue a certification for workers under Section 222(a) of the Trade
Act, 19 U.S.C. § 2272(a), the following criteria must be met:

Employment Criterion

(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.
The Department determines that the employment criterion has been met.

Decreased Sales or Production Criterion

(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely.

The Department determines that the decreased sales or production criterion has been met.

Increased Imports Criterion

(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles
produced or services supplied by such firm have increased;

(II)(aa) imports of articles like or directly competitive with articles into which one
or more component parts produced by such firm are directly incorporated have
increased;

(bb) imports of articles like or directly competitive with articles which are produced
directly using services supplied by such firm, have increased; AND

(III) imports of articles directly incorporating one or more component parts produced
outside the United States that are like or directly competitive with imports of articles
incorporating one or more component parts produced by such firm have increased.
20 C.F.R. 618.110 defines increased imports to mean "that imports have increased either
absolutely or relative to domestic production compared to a representative base period. The
representative base period will be 1 year consisting of the 4 quarters immediately preceding the
date that is 12 months prior to the date of the petition."

The Department determines that the increased imports criterion has not been met. The
separated workers engage in activities related to decommissioning services on-site at domestic
Nuclear Regulatory Commission compliant locations. Due to the on-site nature of the service
supplied, it is not plausible that the workers' firm could import the supply of such services, or like
or directly competitive services, from a foreign country.

Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause." In determining
contributed importantly, according to 20 C.F.R. 618.225(a)(2)(iv) "(A) Analysis of the impact of
increased imports on worker separations and declines in sales or production at the workers' firm
must generally consist of determining: (1) Whether there are one or more events, or factors, that
lessen or sever the causal nexus between the increase in imports and worker separations or threat
of separation, and the decline in sales and production at the workers' firm; (2) What percentage
of the workers' firm sales or production declines was attributable to the firm's increased imports;

(3) What percentage of the workers' firm customer(s) sales or production declines was attributable
to the firm's increased imports; and (4) Whether there are other events or factors that mitigate or
amplify the impact of increased imports on the workers' firm. (B) The impact may be determined
using a quantitative or qualitative analysis."
The Department did not make a determination on whether the contributed importantly
criterion was met because the increased imports criterion was not met.

Shift/Acquisition Criterion

(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or

(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift activity must generally
consist of a (1) Comparison of shift data on the petition date to shift data on the date that is 1 year
prior to the petition date; (2) Review of shift activity during the 1-year period prior to the petition
date; and (3) Review of evidence provided by the workers' firm regarding shift activity scheduled
to occur after the petition date."

According to 20 C.F.R. 618.225(b)(2)(iii)(A), "Analysis of impact of shift activity on
worker separations must generally consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift activity and worker separations
or threat of separation; (2) What percentage of the workers' firm sales or production declines was
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility
or facilities decreased at the same or at a greater rate than operations at the foreign facility or
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact of
shift activity on the workers' firm."

According to 20 C.F.R. 618.225(c)(2)(ii), "Analysis of acquisition data must generally
consist of a (A) Comparison of acquisition data on the petition date to acquisition data on the date
that is 1 year prior to the petition date; (B) Review of acquisition data during the 1-year period
prior to the petition date; and (C) Review of evidence provided by the workers' firm regarding
acquisition activity scheduled to occur after the petition date."

According to 20 C.F.R. 618.225(c)(3)(i), "Analysis of impact of acquisition data on worker
separations must generally consist of determining: (A) Whether there are one or more events or
factors that lessen or sever the causal nexus between the acquisition activity and worker separations
or threat of separation; (B) What percentage of the workers' firm sales or production declines was
attributable to the firm's acquisition activity; (C) Whether operations at the workers' firm domestic
facility or facilities decreased at the same or at a greater rate than contractor or licensee operations
in the foreign country; and (D) Whether there are other events or factors that mitigate or amplify
the impact of acquisition activity on the workers' firm."

The Department determines that the shift/acquisition criterion has not been met. The
separated workers engage in activities related to decommissioning services on-site at domestic
Nuclear Regulatory Commission compliant locations. Due to the on-site nature of the service
supplied, it is not plausible that the workers' firm could shift the supply of such services to a foreign
country or acquire the supply of such services from a foreign country.

Contributed Importantly Criterion

(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618 defines contributed importantly as "a cause that
is important but not necessarily more important than any other cause."

The Department did not make a determination on whether the contributed importantly criterion
was met because the shift/acquisition criterion was not met.

For the Department to issue a certification for workers under Section 222(b) of the Trade
Act, 19 U.S.C. § 2272(b), the following criteria must be met:

Employment Criterion

(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.
The Department determines that the employment criterion has been met.

Supplier/Downstream Producer Criterion

(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 subsection (a), and such supply
or production is related to the article or service that was the basis for such certification
(as defined in subsection (c) (3)and (4)); and
Section 222(c)(4) of the Trade Act, 19 U.S.C. § 2272(c), defines the term "Supplier" to
mean "a firm that produces and supplies directly to another firm component parts for articles,
or services, used in the production of articles or in the supply of services, as the case may be,
that were the basis for a certification of eligibility under subsection (a) of a group of workers
employed by such other firm." Section 222(c)(3) of the Trade Act, 19 U.S.C. § 2272(c), defines the
term "Downstream Producer" to mean "a firm that performs additional, value-added production
processes or services directly for another firm for articles or services with respect to which a
group of workers in such other firm has been certified under subsection (a)." For purposes of
this "Downstream Producer" definition, the Trade Act provides that, ""¦value-added production
processes or services include final assembly, finishing, testing, packaging, or maintenance or
transportation services."

The Department determines that the supplier/downstream producer criterion has not been
met. The investigation revealed that the workers' firm did not conduct business with a firm whose
workers were certified eligible to apply for TAA during the relevant period.

20% or Contributed Importantly Criterion

(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 determined
under paragraph (I).
20 C.F.R. 618.225(d)(5) states that "the component part supplied represented at least 20
percent of the supplier's production or sales during the 1-year period prior to the petition date,
or loss of business with the firm, during the 1-year period prior to the petition date, contributed
importantly to separations or threat of separation at the workers' firm." Sec. 222(c) of the Trade

Act and 20 C.F.R. 618.110 defines contributed importantly as, "a cause that is important but not
necessarily more important than any other cause."

The Department did not make a determination on whether the 20% or contributed
importantly criterion was met because the supplier/downstream producer criterion was not met.

For the Department to issue a certification for workers under Section 222(e) of the Act, 19

U.S.C. § 2272(e), the following criteria must be met:
Member of Domestic Industry Criterion

(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));
The Department determines that the member of a domestic industry criterion has not been
met. The workers' firm is not named as part of a domestic industry injured by an ITC determination.

Timely Petition Filing Criterion

(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 (B) or (C) of
paragraph (1) is published in the Federal Register; and
The Department did not make a determination on whether the timely petition filing criterion
was met because the member of domestic industry criterion was not met.

Employment Criterion

(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 Department did not make a determination on whether the employment criterion was
met because no finding regarding the timely petition filing criterion was made.
Conclusion

After careful review of the facts obtained in the investigation, I determine that the
requirements of Section 222 of the Trade Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Comprehensive Decommissioning International,
Plymouth, Massachusetts, who are engaged in activities related to the supply of on-site nuclear
power facilities decommissioning services to apply for Trade Adjustment Assistance for workers,
in accordance with Section 223 of the Trade Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 20th day of April, 2021

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