DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,548

BP EXPLORATION ALASKA, INC.
PRUDHOE BAY, ALASKA

Notice of Revised Determination
on Reconsideration

By letter of May 30, 2002, the company requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on April 25, 2002, based on the finding that
the workers of BP Exploration Alaska, Inc., Prudhoe Bay, Alaska
did not produce an article within the meaning of section 222(3)
of the Act, as amended. The denial notice was published in the
Federal Register on May 2, 2002 (67 FR 22112).
To support the request for reconsideration, the company
indicated that the workers were primarily engaged in the
production of crude oil. They supplied additional information to
help clarify the functions performed at the Prudhoe Bay location.
They provided copies of job descriptions.
Based on data supplied by the company in their request for
reconsideration and further clarification by the company, it is
evident that the workers are primarily engaged in activities
related to the production of crude oil.
Layoffs at the subject firm occurred from August 2001
through the April 2002 period. Further layoffs are scheduled
throughout the remainder of 2002 into early 2003. Production at
the subject facility declined in 2001 over the corresponding 2000
period.
A survey of the firm's major declining customer(s) was
conducted regarding their purchases of crude oil during the
relevant period. The survey revealed that a major customer
increased their purchases of imported crude oil, while decreasing
their purchases from the subject firm during the relevant period.
Also, aggregate U.S. imports of crude oil increased from
2000 to 2001. The U.S. import to U.S. production ratio of crude
oil was over 150 percent during the 2001 period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at BP
Exploration Alaska, Inc., Prudhoe Bay, Alaska, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:


"All workers of BP Exploration Alaska, Inc., Prudhoe Bay,
Alaska, who became totally or partially separated from
employment on or after December 27, 2000 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974."

Signed in Washington, D.C. this 25th day of July 2002.

/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,548

BP EXPLORATION ALASKA, INC.
PRUDHOE BAY, ALASKA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on January 14, 2002 and filed on behalf of workers at BP
Exploration Alaska, Inc., Prudhoe Bay, Alaska.
The workers provide maintenance and operations services at the
Prudhoe Bay facilities.
The investigation revealed that the workers of BP Exploration
Alaska, Inc., Prudhoe Bay, Alaska do not produce an article within
the meaning of Section 222(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U. S. Court of Appeals.



Therefore, workers of BP Exploration Alaska, Inc., Prudhoe
Bay, Alaska may be certified only if their separation was caused
importantly by a reduced demand for their services from a parent
firm, a firm otherwise related to the subject firm by ownership, or
a firm related by control. In any case, the reduction in demand
for services must originate at a production facility whose workers
independently meet the statutory criteria for certification and the
reduction must directly relate to the product impacted by imports.
These conditions have not been met for workers at BP Exploration
Alaska, Inc., Prudhoe Bay, Alaska.
Conclusion
After careful review, I determine that all workers of BP
Exploration Alaska, Inc., Prudhoe Bay, Alaska who were engaged in
providing a service are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 25th day of April, 2002.
/s/ Linda G. Poole
_____________________________________

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance