[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Pages 7537-7538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4465]



-----------------------------------------------------------------------

DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-31,511 and NAFTA-00616]


Montana Power Company; Colstrip, Montana; Notice of Negative 
Determination Regarding Application for Reconsideration

    By an application dated December 6, 1995, the petitioners requested 
administrative reconsideration of the subject determinations regarding 
the negative determinations regarding Eligibility to Apply for Worker 
Adjustment Assistance and for NAFTA-Transitional Adjustment Assistance, 
issued on October 31, 1995. The notices were published in the Federal 
Register on November 24, 1995 (60 FR 58103-58104).
    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.
    Investigation findings show that the workers produce electrical 
power.
    The Department's denial for TAA for workers of the subject firm was 
based on the fact that the ``contributed importantly'' test of the 
Group Eligibility Requirements of the Trade Act was not met. There were 
no declines in sales or production at Montana Power during the time 
period relevant to the investigation. Additionally, U.S. imports of 
electricity declined absolutely and relative to domestic supply during 
the same time period.
    The Department's denial for NAFTA-TAA for workers of the subject 
firm was based on the fact that there was no decline in sales or 
production during the relevant period. There was no shift in production 
from the workers' firm to Mexico or Canada. U.S. imports of electricity 
declined absolutely and relative to domestic supply during the same 
time period.

[[Page 7538]]

    Another finding in both the TAA and NAFTA-TAA investigations, is 
that the U.S. Department of Energy estimates that a negligible amount, 
approximately one percent, of all electricity supplied domestically is 
imported.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decisions. Accordingly, the application is denied.

    Signed in Washington, DC, this 13th day of February, 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-4465 Filed 2-27-96; 8:45 am]
BILLING CODE 4510-30-M