DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,092

LUMINANT POWER LLC

ZIMMER POWER PLANT

A SUBSIDIARY OF VISTRA CORPORATION

MOSCOW, OHIO

Certification Regarding Eligibility

To Apply for Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the 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 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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

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

(ii)(I) the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;

(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or

(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated October 21, 2021 and
filed on October 22, 2021 by a State Workforce Office, on behalf of
former workers of Luminant Power LLC, Zimmer Power Plant, a
subsidiary of Vistra Corporation, Moscow, Ohio (hereafter referred
to as the "worker group"). In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers." The worker group is engaged in activities related to the
production of electric power (Power Plant Operations).

The petition alleges that worker separations, or threats
thereof, were due to a production decrease brought about by
competition with other sources of electric power generation.

During the course of the investigation, information was
collected from the petition, the workers' firm, and other sources.

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 electric power by Luminant Power LLC, Zimmer Power
Plant, a subsidiary of Vistra Corporation, Moscow, Ohio, have
decreased absolutely.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by Luminant Power LLC, Zimmer Power Plant, a subsidiary of Vistra
Corporation, Moscow, Ohio, have increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Luminant Power LLC,
Zimmer Power Plant, a subsidiary of Vistra Corporation, Moscow,
Ohio.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as amended
(Act), 26 U.S.C. 2813, the Department herein presents the results of
its investigation regarding certification of eligibility to apply
for Alternative Trade Adjustment Assistance (ATAA) for older
workers.

The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria have been met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;

(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that criterion II has not been
met. The investigation revealed the workers in the workers' firm do
not possess skills that are not easily transferable.

Conclusion

After careful review of the facts obtained in the investigation,
I determine that workers of Luminant Power LLC, Zimmer Power Plant,
a subsidiary of Vistra Corporation, Moscow, Ohio, who are engaged
in activities 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 Luminant Power LLC, Zimmer Power Plant, a
subsidiary of Vistra Corporation, Moscow, Ohio, who became
totally or partially separated from employment on or after
October 21, 2020 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;
and I further determine that workers of Luminant Power LLC,
Zimmer Power Plant, a subsidiary of Vistra Corporation,
Moscow, Ohio, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974, as amended."

Signed in Washington, D. C. this 13th day of January, 2022



/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance