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Pelosi May Allow Conditional Off-Shore Drilling Vote
Off-Shore Oil--How Much Is There?
Would It Impact Price?
Your Voice Matters In This Important Election Year--Tell Them Your Mind
Do You Own Or Operate A Bulk Plant? Then You Need To Own This CD-Rom
Ethanol Blend Suppliers Should Mark Shipping Papers To Avoid Liability
Coming Winter Discussed By Industry, LIHEAP Advocates, Gov’t At Regional Meeting
VISIONS 2008
Silent Auction At 2008 VISIONS
Conference--Items Donated To Date
Industry News
News From NEFI
News from NORA
U.S. & Regional Fuel Stocks
Link to N.E. State News
Visit the NEON Archive
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FED 'CORRECTION' SHOWS SPECULATORS CONTROL 81 PERCENT OF MARKET!
The federal Commodity Futures Trading Commission (CFTC), the government’s underfunded and understaffed energy trading watchdog, recently revised a report to show that non-commercial, pure investment speculators--energy market traders who never intended to take possession of the energy they buy, and speculate for their clients or for themselves--control 81 PERCENT (yes, eighty-one percent) of oil contracts on the NYMEX (READ the revealing Washington Post article here). This "correction" came without the usual CFTC "all-points-bulletin" press release, so clearly the agency did not want to attract attention. And prior to the revision, CFTC acting Chairman Walt Lukken (Rep.) had repeatedly stated that non-commercial speculators were NOT a factor in rising prices (clearly, he misspoke).
In fact, Lukken released a "preview" of a Bush administration investigation of speculation scheduled for final release on September 15, 2008 which stated that speculators were not a dominant force in the run-up in energy prices. Furthermore, Lukken released the report just as the Senate began consideration of an anti-excessive speculation measure this past July, giving bill opponents (and Wall Street lobbyists) a useful tool to defeat it. All this is a little bit suspicious, and Lukken clearly isn’t conferring with his Democratic counterparts in the Commission about the goings-on:
Bart Chilton, a Democratic CFTC Commissioner, says the data reclassification "highlights that we need to ensure that we have our data sets not only complete but exhaustively understood. It also shows again we don't have all the information we need to make declarative statements about the role of speculators in commodity markets. I'm disappointed that the agency released interim study results about the impact of speculators on oil markets when we don’t have all the data." (Quoted in excellent Wall Street Journal article, August 15, 2008, click here to read, subscription required)
Senators Wyden (D-OR), Cantwell (D-WA), Dorgan (D-ND) and Nelson (D-FL) have called for a federal investigation into the timing of the interim report and whether or not the CFTC knowingly supplied data it knew to be "seriously flawed," and did not correct until after the Congress retired for the August recess and the upcoming national conventions. In a press release this week, NEFI President and CEO Shane Sweet said of the issue, "lax and even absent federal oversight of these energy markets has gone on too long and cost all Americans too much."
"It has become abundantly clear that Wall Street is largely behind the meteoric rise of energy prices," Sweet said. "We are calling on Congress and the administration to take immediate action to bring back to the energy futures markets real transparency and the rule of law. The use of energy commodities as mere investment tools by investment-only speculators has raised all energy prices to consumers and has caused lasting damage to our nation’s economy."
The recipe for this disaster includes an under-funded, under-staffed, under-powered and ineffective CFTC; trading exemptions for swap traders and other non-physical players; opaque off-shore, over-the-counter and bilateral markets; insufficient anti-manipulation measures on regulated markets; and the Wall Street takeover of the futures market (which was created as a risk management tool for commercials, not an investment shield against inflation). Tell your members of Congress that they MUST pass the anti-excessive speculation legislation when they return this September.
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NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)
Congress is currently in a "state work period" and is in recess until September 8, 2008.
PELOSI MAY ALLOW CONDITIONAL OFF-SHORE DRILLING VOTE
Speaker of the U.S. House of Representatives Nancy Pelosi (D-CA) has promised to bring to the floor a bill in September that lifts the federal drilling ban on certain off-shore areas, apparently caving to public pressure over off-shore drilling, which polling shows one-third of Americans support. Presidential candidates John McCain (R) and Barak Obama (D) were also both former off-shore drilling opponents who also switched positions on the issue. However, Pelosi’s about face on the issue is less dramatic than it seems. The legislation she plans on introducing is rumored to be jam-packed with provisions many Republicans oppose, including a repeal of $30 billion in tax relief for major oil and gas producers and a release from the Strategic Petroleum Reserve.
Republicans have promised to try and force this legislation to go through the regular committee process, which could add months of hearings, debates, markups and amendments. Meanwhile, their protest over off-shore drilling continues on the House floor, which is empty due to the Congressional recess. Republican Representatives have been delivering energy policy speeches in the empty chamber for four weeks now, citing anger over being denied a vote on expanded domestic production.
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OFF-SHORE OIL--HOW MUCH IS THERE? WOULD IT IMPACT PRICE?
A now well outdated study by the Minerals Management Service (www.mms.gov) suggests a recoverable 18 billion barrels of oil and 77 trillion cubic feet of natural gas in the "off-limits" areas. Estimates for recoverable oil in other areas include up to 4.3 billion barrels in the Bakken formation (USGS, 2008); 16 billion barrels Arctic National Wildlife Refuge (USGS, 1998); and 90 billion in the challenging north Arctic Circle (along with 1,670 trillion cubic feet of natural gas; USGS 2008). The problem with many of these estimates is that they become outdated quickly due to fast-paced development of more precise discovery technology and methods; as well as improved oil recovery technology and techniques. There may be more oil, nat. gas or both than previously assumed based on these improvements in technology.
If the drilling ban on off-shore areas were lifted, it is also unclear what impact it would have on the market. An EIA report in 2007 said that this access “would not have a significant impact on domestic crude oil and natural gas production or prices before 2030.” But those estimates were based on 2005 figures for product value, global demand, domestic supply and available technology. Newer studies suggest significant output may be achievable in five years, eventually climbing to 1 million bpd and increasing global production by 1 percent. Is it enough to lower prices? It’s hard to say if a 1 percent increase in a globally consumed product would have a noticeable impact. Additionally, oil is a globally traded product whose price is set by commodity traders; would they hear the new supply signal, and would they care? NEFI and its allies are fighting hard to make sure they do.
The NEFI Government Affairs Committee (GAC) is thoroughly examining the issue of off-shore drilling, the need for more domestic supply and a broad energy policy. If you have any thoughts on the subject, email GAC Chairman Tom Devine (Devine Bioheat, Norwalk, CT) at tdevine@devinebioheat.com.
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YOUR VOICE MATTERS IN THIS IMPORTANT ELECTION YEAR – TELL THEM YOUR MIND
Of course you can always access the NEFI Legislative Action Center online to send letters or make phone calls to lawmakers, and get important industry action alerts. But with members of Congress in their home states and districts through Labor Day weekend, now is a great chance for some face time. THEY NEED TO HEAR YOUR STORY. Even if the member has been supportive of our issues, EVERY MEMBER MUST BE VISITED and pressed to act.
To arrange a meeting, follow these simple steps:
- Visit www.capwiz.com/nefi and enter your zip code under "Find Your Officials" on the right side. If you live in a split district, it may bring you to a screen asking for the last four digits of your zip code or street address.
- In the next screen, under "President and Congress," click on each name for Senators and your Representative to get their member info page.
- In the member info page, click the tab "contact" and call the main state or district phone number listed on that page.
- When you call, tell them you would like to set up a meeting and ask for the scheduler. Tell the scheduler who you are and that you have insight on the energy crisis and how it is impacting your customers, along with practical, immediate-term solutions.
- ON THE PHONE AND IN OFFICE WITH THE MEMBER, BE HONEST AND FRANK – DON’T HOLD BACK. Your voice is the most effective we have in the industry!
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Contact: Mark Morgan, NEFI Regulatory Counsel (mark@nefi.com)
DO YOU OWN OR OPERATE A BULK PLANT? THEN YOU NEED TO OWN THIS CD-ROM
Did you miss the EPA Spill Prevention, Control and Countermeasure (SPCC) Seminar held by NEFI this past July? Not to worry – the SPCC Seminar is now available on CD-ROM, for use in any computer. The CD is of interest to anyone with a motor fuel or heating oil bulk plant with 1,320 gallons of above-ground storage and therefore needs to comply with the newly revised SPCC rules for plan review, revision and implementation by July 1, 2009. NEFI Regulatory Counsel Mark S. Morgan, Esq. and Professional Engineer Tim Laughlin of the North Carolina Petroleum & Convenience Marketers Assoc. will guide you through the most important SPCC compliance requirements and issues, and provide recommendations for selecting an appropriate engineer and some useful (and legal) cost-cutting measures. They also touch on the recent and controversial enforcement of SPCC compliance in select regions on parked petroleum trucks (such as heating oil trucks) that contain product (NEFI is currently lobbying the EPA on this issue at the federal level).
The CD contains a video of the complete event with audio and PowerPoint presentations. The NEFI Legislative and Regulatory Action Center is proud to offer the CD to members at the discounted rate of $50 (non-members $350). You can order them by clicking here or contacting Dave Huffman of the NEFI Action Center at dave@nefi.com or (617) 923-5022. Don't wait!!! As the deadline of July 1, 2009 approaches, it will become increasing difficult to find professional engineers to certify your plans and make necessary changes required for implementation.
For a list of professional engineers in your area, contact your state association.
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ETHANOL BLEND SUPPLIERS SHOULD MARK SHIPPING PAPERS TO AVOID LIABILITY
The U.S. EPA issued a letter several weeks ago to gasoline retailers warning that it is illegal to sell ethanol blends above E-10 for use in gasoline-only vehicles and engines. The EPA went on to explain that ethanol blends up to E-85 may be sold for use in flexible-fuel vehicles and engines. According to the EPA, the illegal sale of blends over E-10 to consumers with gasoline-only vehicles and engines exposes retailers and possibly their suppliers to significant civil penalties under the Clean Air Act. The EPA letter recommended dispenser label warnings and other measures for blends over E-10 to prevent retailer liability for misfueling. However, the agency was silent on steps suppliers should take to prevent liability for misfueling that occurs on the retail level (liability is based on introducing an unregistered fuel into trade or commerce). A supplier may potentially be held liable for misfueling if the supplier knew or should have known that ethanol blends delivered to the retail site were being used to fuel gasoline-only vehicles and engines.
While it is not a federal requirement, NEFI Regulatory Counsel Mark S. Morgan, Esq., is recommending to suppliers who wish to avoid potential liability for misfueling to place the following warning on all product transfer documents for ethanol blends over E-10 delivered to retail facilities: "Not for Use in Gasoline-only Vehicles and Engines." Also, as a reminder, the U.S. DOT HAZMAT shipping paper entry requirements for ethanol blends recently changed. The following shipping entries must be used (followed by the quantity of fuel):
| Blends |
Shipping Paper Entry
Under New Rule |
Gasoline up to 10%
ethanol content.
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Gasohol, 3, NA1203, PG II
Gasoline, 3, UN1203, PG II |
Over E-10 up to E-85
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Ethanol and Gasoline Mixture,
3, UN3475, PG II |
| Alcohol with up to 5% Gasoline |
Alcohols, n.o.s., 3, UN1987, PG II
Denatured Alcohol, 3, NA1987, PG II
Ethanol and Gasoline Mixture, 3, UN3475, PG II
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COMING WINTER DISCUSSED BY INDUSTRY, LIHEAP ADVOCATES, GOV’T AT REGIONAL MEETING
Representatives from the heating oil and propane industry, low income advocacy and energy assistance organizations, and state and federal government met at an unprecedented event in Portsmouth, NH to discuss the coming New England winter. The goal was to communicate on perspectives, identify potential challenges and brainstorm possible solutions, building common ground and understanding along the way. The event was organized by the National Consumer Law Center and New Hampshire Legal Assistance, and sponsored by AARP and the New England Fuel Institute. The event was covered by major area news media, including New England Cable News, or NECN. The NECN piece included an interview with Shane Sweet, NEFI President & CEO. Click here to watch.
James Collura, VP for Public Policy; and Dave Huffman, Advocacy & Communications Assistant also attended on behalf of NEFI. Other industry attendees included Bob Garside, President of the Oil Heat Council of New Hampshire; Alisha Frazee, Association Specialist from the Mass. Oilheat Council; Julie Gill, Executive Director of the Oil Heat Institute of Rhode Island; Tim Keaveney of Sprague Energy; Sean Cota of Cota & Cota (Bellows Falls, VT); Al and Susan Davis of H.R. Clough, Inc (Contoocook, NH); Vic Allienello of East Providence Fuel Oil (E. Providence, RI) and Steve Andrews of Oil & Energy Magazine.
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Learn How to Grow and Diversify Your Fuel Business in Challenging Times

• The 2008 Visions Conference will be held at the Hilton Boston Logan Airport Hotel in Boston, MA on September 8-10, 2008. For registration, sponsorship or tabletop exhibitor reservations, go to www.visions2008.org. View event details here. Call Tracy Goodwin, NEFI VP for Events,at 617-923-5015 for more information or email tracy@nefi.com.
Click here to register now.
Click here to view the conference agenda.
See who is exhibiting.
See who is attending.
Silent Auction At 2008 Visions Conference--
Items Donated To Date
NEFI will be sponsoring a "Silent Auction" fundraiser at the 2008 VISIONS Conference (www.visions2008.org) to benefit PMAA's Small Business Committee (SBC) Political Action Committee (PAC). This PAC supports candidates who share our industry's national goals. The Silent Auction will run throughout the VISIONS Conference. PLEASE SUPPORT THE EFFORT BY DONATING AN ITEM TODAY! Click here or contact Jim Collura at (617) 923-5016 or jimcollura@nefi.com to inquire about donating an item or making a direct contribution to the PAC.
Thank you to our donors! (as of August 14, 2008)
Dave Eagle (of Arlex Oil, Lexington, MA), 2 Patriots Tickets
Larry Richmond (of COCARD, Beverly, MA), 2 Boston Red Sox Tickets
Marjorie Wong (of Global Petroleum), Blue Ray Player
Jeff Mushnick (of Medway Oil, Medway, MA), 2 Patriots Tickets
Jeff Mushnick (of Medway Oil, Medway, MA), SkeeterVac LPG Mosquito Remover
John Maniscalco (of the New York Oil Heating Assoc.), Dinner at Morton’s Steakhouse
Julie Gill (of Oil Heat Institute of Rhode Island), $100 Lowes Gift Certificate
Tom Devine (of DevineBioheat, Norwalk, CT), TBA

• The 2009 North American Heating and Energy Expo is scheduled for June 9-10, 2009 at the Hynes Convention Center, Boston. Booth sales are underway and the most prominent spaces are going fast. Associate members and past exhibitors have priority, so make sure to reserve your booth space now! For information and to reserve online go to www.nefi.com/expo.
• NEFI's 2008 Fall Energy Conference to Napa Valley, September 23–28, 2008. The trip is getting close to selling out, but there are a few spots left! Act fast while space is still available. Tracy is currently working to arrange a possible refinery tour for Friday, Sept. 26. Call him at 617-923-5015 or email tracy@nefi.com with questions or view the details about the trip and see a registration form here. Thirty NEFI members and friends are already registered for this multi-day event, which includes private a tour of a local Valero refinery.
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Welcome New NEFI Members:
Affordable Oil, LLC
Mr. Mark Wentworth
141 Rollins Rd.
Rollinsford, NH 03869-5013 Phone: 603-743-5749 Fax: 603-834-6049 Email: mark@affordableoil.com Web: www.affordableoil.com
Affordable Oil provides delivery of #2 Fuel Oil, Kerosene and Diesel.
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Sponsor This Newsletter!
NEFI would like to thank this month's NEON Sponsor, NEFI's Legislative & Regulatory Action Center.
For maximum exposure, your company logo and link should be on the front page of this newsletter next month. View sponsorship info and enrollment form. Call Tracy at 617-923-5015 or email tracy@nefi.com for more information.
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NEFI Member Benefit Spotlight
EMPLOYEE ASSISTANCE PROGRAM NOW OFFERED!
In addition to the Drug/Alcohol Testing Program offered there is an optional Employee Assistance Program (EAP) to provide your staff with a 24-hour, 7 days a week counseling and referral service to help employees deal with personal issues before they become work performance issues. Counselors are available to deal with substance abuse, marital and family issues, personal crises, etc.
The Substance Abuse Professional (SAP) is REQUIRED when any employee tests positive for drugs and/or alcohol. A SAP is a licensed physician or a licensed/certified psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance related disorders. An evaluation by a SAP is included with the Employee Assistance Program.
If chosen as an option, the EAP will be available to your employees, their dependents, and to your management and supervisory staff to assist in job performance concerns.
For more information please contact Donna Carcerano, NEFI Benefits Administrator at (617) 923-5020 or donna@nefi.com.
Join or renew membership with NEFI today! Click here, or contact Joanne Sharkey, NEFI Membership Coordinator at (617) 924-1000 or joanne@nefi.com.
View NEFI Membership Information
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A NORA Board Meeting will be held on Monday, September 8, at the VISIONS 2008 Conference in Boston, Massachusetts. The meeting will begin promptly at 2 pm and conclude at 4 pm.
ENERGY SUMMIT IN ALBANY, NEW YORK
NORA Set to Discuss Energy Conservation Initiatives
NORA's Energy Conservation Analysis Initiative got underway on August 5, 2008 in Albany, NY. This meeting consisted of Oilheat industry leaders, building professionals, instrument manufacturers, and state officials. The goal of this was to review the energy conservation plans, ensure that the plans meet the industry needs, and develop a plan for having a product in the field as soon as possible.
NORA's goal in launching this initiative is to: develop training materials for the industry, survey customers to ensure that this service is desired, develop turnkey brochures and customer information that could be used by companies providing this service, and develop packages of equipment that could be used to deliver these services.
NORA is looking into this audit program as a joint venture with the Building Performance Institute (BPI). NORA is considering a partnership with BPI because BPI's certification, accreditation, and quality assurance services are recognized by the "Home Performance With ENERGY STAR" program, a collaborative national initiative co-sponsored by the U.S. Environmental Protection Agency and the U.S. Department of Energy.
For more information please contact Traci Ross at tlross@nora-oilheat.org
See the latest NORA news at www.nora-oilheat.org.
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Thank You NEFI Action Center Contributors:
Thank you to 2008 LRAC contributors to date.
Please support LRAC Center efforts by downloading and acting upon this pledge form or by contacting NEFI at (617) 924-1000.
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