
Industry Groups and Consumer Advocates Unite Around Energy Costs
The Energy Market Oversight Coalition (or "EMOC"), a broad coalition of industry trade associations and consumer groups including airlines, heating and motor fuel dealers, truckers and consumer groups, has urged President George W. Bush to act now against excessive speculation driving energy prices to historic highs. Click here to read the letter.
"Americans rely on affordable energy to get to work and heat and cool their homes. Affordable energy is needed for America's farmers, builders, contractors, transporters, manufacturers, retailers, airlines and other businesses to provide the quality goods and services that fuel our economy," the coalition said in a July 3 letter to Bush. "Please see to it that the cost of energy--the lifeblood of the American economy--is reconnected to economic realities, and that the artificial demand created by 'paper traders' be limited to ensure rational behavior in the futures markets."
More than a dozen industry associations, including the Petroleum Marketers Association of America, the New England Fuel Institute, the American Trucking Association, the Air Transport Association, Consumer Federation of America, Public Citizen and the Industrial Energy Consumers of America, among others, signed the letter, which was copied to nearly two dozen administration officials and sent to all members of Congress.
Specifically, the coalition asked Bush to raise the issue of speculation in the global commodities futures market at next week's G8 summit; require the Commodity Futures Trading Commission (CFTC) to step up regulation and enforcement against excessive speculation in the United States and impose new requirements on traders who don't take physical possession of the energy commodities they purchase; and sign legislation now before Congress that would strengthen the CFTC's authority and close a number of loopholes that speculators use to game the energy markets.
"This letter represents a broad coalition of support to reign in excessive speculation," Dan Gilligan, the president of the Petroleum Marketers Association of America, said. "Clearly, excessive speculation is driving the cost of energy. The President needs to act, and act quickly, to restore confidence in our markets because it has been dangerously undermined and we are all paying the price."
Jim Collura, NEFI Vice President for Public Policy & Communications (jimcollura@nefi.com or 617-923-5016), serves as coordinator and primary contact for EMOC. Earlier this year, the coalition was successful in advancing "Close the Enron Loophole" legislation and requesting that the CFTC establish an advisory panel on energy that includes energy retailers and consumer groups. NEFI has a seat on that committee and past Chairman of the Board Sean Cota (Cota & Cota, Bellows Falls, VT) represents the industry before that committee.
NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)
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Airlines Launch Anti-Speculation Effort; Targets Frequent Fliers
The American airline industry has launched its own effort to stop oil speculators, www.stopoilspeculationnow.com. The website-driven grassroots movement has the support of several trade groups, and is similar to the recently announced PMAA effort, www.stopoilspeculators.com (which NEFI is supporting). The airline industry launched its official website this week, and airline companies sent action alerts to some 35 million frequent flier customers. NEFI and PMAA have been communicating regularly with airline trade groups in order to exchange information, coordinate strategy to some extent, and support each other's efforts. According to Air Transport Association staff, a public press conference in support of Congressional Action against market speculation is planned for later this week (details TBA). Read an interesting article on the effort online here.
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NEFI Joins Coalition Effort to Double Funding For LIHEAP Before Fall
Considering the market situation for heating fuels, especially heating oil (up 55 percent since January) and Natural Gas (up over 80 percent since January), funding for the federal Low Income Home Energy Assistance Program (LIHEAP) is more important than ever. NEFI has joined an array of industry and low income advocacy groups in the national LIHEAP coalition in support of S.3186/H.R.6427, the "Keep Warm in Winter, Cool in Summer Act." The bill would provide an additional $2.53 billion for LIHEAP in the current fiscal year, adding to the $1.98 billion already appropriated to states by Congress and $516.7 million in emergency funding released to states by the President. The LIHEAP coalition is pushing hard for this bill, and NEFI is doing its part to help. CALL YOUR MEMBER OF CONGRESS and ask them to co-sponsor this bill! Visit www.capwiz.com/nefi
Northeastern states would benefit from the additional funding as follows:
NORTHEAST STATE, POTENTIAL BENEFIT IN S.3186/H.R.6427
Connecticut.....$59,797,655
Delaware.....$10,504,003
District of Columbia.....$4,417,781
Maine.....$36,596,392
Maryland.....$52,460,930
Massachusetts.....$98,973,680
New Hampshire.....$27,079,492
New Jersey.....$80,311,579
New York......$250,435,966
Pennsylvania.....$210,357,690
Rhode Island.....$21,088,119
Vermont.....$20,567,956
Virginia.....$59,805,322
West Virginia.....$15,394,074
NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)
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PMAA Futures Market Reform Task Force Meets In Atlanta
The Petroleum Marketers Association of America (PMAA) Futures Market Reform Task Force met this week in Atlanta, GA, in a summit on all things related to energy trading. NEFI is a member of the Task Force and is represented by Jim Collura, Vice President for Public Policy (jimcollura@nefi.com). Immediate Past Chairman of the NEFI Board Sean Cota and NEFI Government Affairs Chair Tom Devine are also members of the committee. The task force includes a dozen marketers and industry association executives from around the country, and is lead by Gerry Ramm of Inland Oil Company (Ephrata, WA). The summit will consider recent developments on the issue of excessive speculation, recent media and Congressional attention given the subject, and will coalesce a strategy about the best way to move forward. Trading Experts Michael Masters (Masters Capital Management) and Peter Beutel (Cameron Hanover) were on hand. Sherri Cabrera and Rob Underwood of PMAA were also present to deliver the legislative outlook for the coming months.
NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)
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NEFI & PMAA Each to Testify at House Hearings This Week
As this issue of NEON went to press, both NEFI and PMAA were scheduled to testify this week before key committees in the U.S. House of Representatives on the affect of futures market speculation on heating fuel and motor fuel marketers, respectively. Complete details including testimony and streaming video are available below:
Tom Devine (Devine Bioheat, Norwalk, CT) to testify on behalf of NEFI and ICPA Before House Appropriations Subcommittee: Thursday, July 10, 2008 11AM
Hearing details, testimony: http://appropriations.house.gov
Gerry Ramm (Inland Oil Company, Ephrata WA) to testify on behalf of PMAA Before House Agriculture Committee: Friday, July 11, 2008 9AM
Hearing details, testimony and streaming video at: http://agriculture.house.gov
NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)

NEFI Offers Vital Compliance Seminar On SPCC Rule
(Deadline July 1, 2009)
The NEFI Legislative & Regulatory Action Center is offering an online webinar on compliance with the new EPA Spill Prevention, Control and Countermeasure (SPCC) regulations. The FINAL deadline for conforming to the new amendments to the rule and completing the SPCC plan revision and implementation is July 1, 2009. This rule applies to all owners and operators of bulk plants that store 1,320 gallons or more above ground storage. The webinar will feature NEFI Regulatory Council Mark S. Morgan, Esq., (NEFI's compliance attorney) and Tim Laughlin, an SPCC expert and engineer in NC and VA. Attending the Webinar is simple: Anyone with internet access can join in. All that is required is a password and a telephone number to dial in (obtained from NEFI after registering). PLEASE REGISTER ASAP!!! The Webinar will be held on JULY 24, 2008 AT 10:00AM. The cost for NEFI members is $30 and for non-members is $350. NEFI will extend the member rate to member companies of PMAA or National Oilheat Research Alliance (nora-oilheat.org) state associations, according to NEFI CEO Shane Sweet.
Two ways to sign up for SPCC Webinar:
Proceed to online registration
Download Pdf to mail or fax registration
NEFI CONTACT: Dave Huffman of NEFI's Action Center at 617-923-5022 or dave@nefi.com
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NEFI Meets With DOE Officials to Discuss Federal Oilheat Reserves
On Tuesday, July 7th the New England Fuel Institute COE Shane Sweet, VP Jim Collura and Advocacy Specialist Dave Huffman met with officials from the Department of Energy 's office of the Strategic Petroleum Reserve to discuss management and future policy of the Northeast Home Heating Oil Reserves. Currently, the reserves are just under 2 billion barrels, stored in Connecticut (1 million bbls near New Haven and Groton) and New Jersey (965,000 bbls near NYH).
The DOE staff explained how the reserves are managed, how contracts for storage are solicited, and how product would be released in the event of an emergency. The staff expressed concern of the "state of affairs" in the Northeast and is watching the markets very closely. They are ready to assist in the event of a supply emergency. Different proposals to strengthen the reserve were discussed, and NEON will report more on this after a follow up meeting planned for August. The meeting was important in opening up conversation with the DOE on this issue. Also present at the meeting in support of NEFI were Brandon Wright and Rob Underwood (PMAA, by phone), Michael Ferrante and Alisha Frazee from Massachusetts Oilheat Council, and Julie Gill of the Oilheat Institute of Rhode Island. For more information on the reserve, visit http://www.fossil.energy.gov/programs/reserves/heatingoil
NEFI CONTACT: Jim Collura, VP for Public Policy (
jimcollura@nefi.com)
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IRS Now Enforcing EPA Sulfur Spec Regulations
If you sell, transport or store diesel fuel, kerosene and heating oil, you must be in compliance with EPA rules including proper labeling! Failure to comply may result in fines of up to $32,000 per day, per violation!!! The IRS will be providing fuel compliance officers (FCOs) to assist the EPA in enforcing the various requirements under the new Ultra-low Sulfur Diesel Fuel (ULSD) regulations.
NEFI can help as follows:
• Compliance Kits
• EPA-mandated Sulfur Content Decals
• Deliver Ticket Stamps
• Discounted Fuel Testing
• On-call Compliance Assistance (NEFI members only)
View more info on the NEFI website.
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EPA Extends Deadline For Compliance With New Stage I Equipment Rule
In a victory for PMAA, the U.S. EPA has agreed to extend the compliance date for installation of new Stage I equipment by more than nine months for high volume gasoline stations, loading racks and bulk plants. The EPA agreed to extend the deadline for facilities built after 11/09/06.
The new Stage I rule moves the compliance date for gasoline stations with throughput of 100,000 gallons or more per month and bulk plants and loading racks with gasoline throughput or 20,000 or more gallons per day to October 1, 2008 (this date may vary by a day or two depending on the day that the rule is published in the Federal Register this week). The 1/10/11 compliance date for facilities built before 11/09/06 remains in place.
While the EPA acknowledged in discussions with PMAA that the rule's lack of an attainable compliance deadline was problematic for small business petroleum marketers, the agency was equally concerned that the vapor control equipment required under the rule was no longer available for purchase. The combination of the two problems convinced the agency to move the compliance date to October. PMAA will publish a revised compliance bulletin on the new Stage I compliance deadline when the rule is published this week.
(PMAA sought the extension because the final Stage I rule published on January 10, 2008, required immediate compliance for retail stations with gasoline throughput of 100,000 gallons or more per month and bulk plants and loading racks with more than 20,000 gallons of gasoline throughput per day. PMAA complained to the agency that the final rule provided no time for these higher volume facilities to install new vapor recovery equipment and left them exposed to enforcement actions and significant civil penalties for noncompliance. PMAA aggressively petitioned the agency to extend the original Stage I compliance deadline due to the fundamental unfairness of imposing costly requirements on petroleum marketers without the benefit of any prior notice.)
NEFI CONTACT: Mark S. Morgan, Esq., Regulatory Counsel (mark@nefi.com)
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IRS Makes Mid-Year Adjustment In Mileage Rate Due to High Gas Prices
The Internal Revenue Service has announced an increase in the optional standard mileage rates for the final six months of 2008. The optional standard rates are used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. The rate will increase to 58.5 cents a mile for all business miles driven from July 1, 2008, through Dec. 31, 2008. This is an increase of eight (8) cents from the 50.5 cent rate in effect for the first six months of 2008. The IRS made the special mid-year adjustment in recognition of recent gasoline price increases. The IRS normally updates the mileage each year on January 1. The optional business standard mileage rate is used to compute the deductible costs of operating an automobile for business use in lieu of tracking actual costs. This rate is also used as a benchmark by many businesses to reimburse their employees for mileage. The new six-month rate for computing deductible medical or moving expenses will also increase by eight (8) cents to 27 cents a mile, up from 19 cents for the first six months of 2008. The rate for providing services for charitable organizations is set by statute, not the IRS, and remains at 14 cents a mile. The new rates are contained in Announcement 2008-63.

NEFI CONTACT: Mark S. Morgan, Esq., Regulatory Counsel (mark@nefi.com)
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CFTC Amends No-Action Letter Issued to the Dubai Mercantile Exchange
The Commodity Futures Trading Commission (CFTC) announced that Commission staff has amended the May 27, 2007, "no-action relief letter" under which the Dubai Mercantile Exchange (DME) is permitted to make its electronic trading and order matching system available to DME members in the United States. More and more U.S. futures contracts, including those for crude oil, are popping up globally, including in Dubai, which leads to real concern that traders and exchanges looking for a way to circumvent tough U.S. oversight may move off-shore to places like London and Dubai. The move is similar to a recent move to regulate U.S. futures trading in London to treat it more like domestic U.S. exchanges. NEFI is encouraged but cautious at the development. CFTC needs to get tough not only in transparency and anti-manipulation precautions, but also in enforcement and must make the data public.
The new conditions give the DME 120 days to:
• Adopt equivalent U.S. position limits and accountability levels (including related hedge exemption provisions) for all DME linked contracts;
• Provide the Commission with quarterly reports identifying any trader that had positions in a linked contract above the applicable position limit, whether a hedge exemption had been granted, and if not, whether a disciplinary action had been taken;
• Publish daily trading information that is comparable to the daily trading information published by U.S. exchanges for all linked contracts; and
• Provide the Commission a daily report of large trader positions in each linked contract for all contract months in a form and manner that can be fully integrated into (1) the CFTC's market surveillance systems--including identification of the beneficial owner of each position, and (2) the Commission's Commitments of Traders Report--including appropriate categorization of traders and their positions.
More information at www.cftc.gov.
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Global Announces Informational Seminar On Heating Oil Market
As a service to the industry, Global has announced an informational seminar featuring Lucian Pugliaresi, President of Energy Policy Research Foundation (EPRINC), and Lawrence J. Goldstein, Founder and President of Petroleum Industry Research Foundation (PIRA). Speaking on vital issues concerning the retail oil dealer will be Eric Slifka, President and Chief Executive Officer, Thomas J. Hollister, Chief Operating Officer and Chief Financial Officer, and Joseph R. DeStefano, Vice President of Marketing.
The agenda includes Opening Remarks by Joseph R. DeStefano, VP of Marketing, Global Companies LLC; Finance for your retail business in a high price and volatile environment by Thomas J. Hollister, COO & CFO, Global Companies LLC; Current price volatility and the risks created for the retail oil dealer by Eric Slifka, President & CEO, Global Companies LLC; and a presentation by Mr. Lucian Pugliaresi and Mr. Lawrence Goldstein, both of Energy Policy Research Foundation (EPRINC) entitled "How Did We Get Here and What do We Do About It."
This informative seminar is being offered to Global customers on:
Monday, July 21, 2008, 10:00 am to 12:00 noon, Burlington Marriott Hotel
One Burlington Mall Road, Burlington, Massachusetts
TO ATTEND: Please RSVP to Christine, Debbie or Martine in the Sales Dept at 1-800-685-7222.
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• On Tuesday, July 7th, Chris Keyser (Owner Services, Proctor, VT), NEFI Chairman of the Board presided over a Conference Call of the Government Affairs Committee. The industry coordinated plans on a number of important public policy issues.
July 23: NEFI's Executive Committee Meeting (9am-12pm) and Open Board of Directors Meeting (1:30pm-3:30pm), Sheraton Providence Airport Hotel, Warwick, RI. Phone 617-924-1000