[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Pages 43354-43355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21392]
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DEPARTMENT OF LABOR
Employment and Training Administration
[NAFTA-01571]
Washington Public Power Supply System, Richland, Washington;
Notice of Negative Determination Regarding Application for
Reconsideration
By application dated April 23, 1997, Local Union No. 77 of the
International Brotherhood of Electrical Workers requested
administrative reconsideration of the Department's negative
determination regarding worker eligibility to apply for NAFTA-
Transitional Adjustment Assistance (NAFTA-TAA). The denial notice
applicable to workers of the subject firm located in Richland,
Washington, was signed on March 21, 1997 and published in the Federal
Register on April 15, 1997 (62 FR 18361).
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.
Findings of the initial investigation showed that workers of
Washington Public Power Supply System, Richland, Washington were
engaged in employment related to the production of electricity. The
Department's denial of NAFTA-TAA for workers of the subject firm was
based on the determination that criterion (3) and (4) of the Group
Eligibility requirements of paragraph (a)(1) of Section 250 of the
Trade Act of 1974, as amended, were not met.
There was no shift in the production of electricity from Washington
Public Power Supply System to Mexico or Canada, nor did the subject
firm import electricity from Mexico or Canada. The Department's survey
of Washington Public Power Supply System's sole customer revealed that
the customer switched its purchases from the subject firm to other
domestic sources of electricity.
The petitioner asserts that the sale of electricity from the
nuclear production of energy is in fact being shifted to less expensive
suppliers like gas, hydro and coal, along with solar and wind. The
petitioner adds that severe price competition from producers of these
alternate sources of power, such as combustion turbines fired by
natural gas imported from Canada, has led to severe cost cutting
measures at the Supply System. The petitioner claims that any energy
source that replaces electricity is a direct replacement of the
product.
In determining worker group eligibility for NAFTA-TAA, the
Department must examine import impact of the articles produced at the
worker's firm. In this case, workers at Washington Public Power Supply
System produced electricity. The expenditures that would be required to
switch from an electricity production facility to another source of
power generation such as gas, would be prohibitive because of the
machinery, equipment and technology that would be necessary to effect
such a conversion. Therefore, gas and other power generating sources
cannot be considered
[[Page 43355]]
like or directly competitive with electricity.
The petitioner also claims that generators and other parts and
equipment for the production of electricity are being imported from
Mexico by competitors. This is not a basis for certification of the
Washington Power Supply System workers.
Conclusion
After review of the application and investigative findings, I
conclude that there has been no error or misintepretation of the law or
of the facts which would justify reconsideration of the Department of
Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, D.C. this 1st day of August 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-21392 Filed 8-12-97; 8:45 am]
BILLING CODE 4510-30-M
