
Industry to Testify on Speculation Before House Oversight Committee
On Monday at 11 am, Gene Guilford, Executive Director of the Independent Connecticut Petroleum Association (ICPA), will deliver testimony before a House Committee on speculation and its effect on fuel dealers. Guilford, who will testify on behalf of both ICPA and NEFI, will address the impact that speculation-driven price increases have had on motor fuel and heating fuel dealers--and urge immediate Congressional action. The hearing, "Is Greater Regulation Necessary to Stop Price Manipulation - Part II" will be held at 11:00am on Monday, June 23. The hearing will feature representatives from major financial players, energy consumers, government regulators, exchanges and academics. To watch the hearing live online, visit http://energycommerce.house.gov.
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BREAKTHROUGH: Federal Regulator To Limit Positions In London Oil Contracts
The CFTC has announced that it has amended the "no-action letter" which provides the InterContinental Exchange (ICE) with regulatory exemptions (often called the "London Loophole" or "Foreign Markets Loophole"). The change will require ICE (which is headquartered in Atlanta, GA and trades U.S. WTI crude oil out of London, England) to implement U.S. position limits and accountability levels. The decision comes after increasing pressure from Congress and industry groups such as NEFI to close the loophole and make US crude oil and heating oil contracts traded in England subject to U.S. oversight. It is a great step in the right direction, but more needs to be done. See the press release here.
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VICTORY: Congress Passes Law to Close "Enron Loophole"
Earlier this week, Congress enacted legislation that will finally close the "Enron Loophole." The significance of this victory cannot be overstated. This could never have been achieved without your support and dedication. THANK YOU FOR ALL YOUR EFFORTS AND HARD WORK!!! The "Enron Loophole" was used to conduct commodity trades via unregulated electronic channels. Many experts believe that this is a leading cause of explosive energy prices.
This piece of legislation was originally a part of the Food, Conservation and Energy Act of 2008, which was vetoed by the President because it was deemed too expensive. Congress overrode this veto earlier this week by overwhelming majorities in both the House and Senate, enacting the bill into law. Please note that this is not a "magic fix" and prices will not drop automatically. The Commodity Futures Trading Commission (CFTC) must now engage in a rulemaking that could take as much as a year or more. CALL THE CFTC TODAY AND TELL THEM TO EXPEDITE THE RULEMAKING PROCESS -- call (202) 418-5000 or email the Chairman at wlukken@cftc.gov.
As you know, the fight continues as other loopholes, including the "Swaps Loophole" and the "Foreign Markets Loophole" still allow for unregulated and opaque energy trading. The CFTC is still severely under funded and understaffed. With your support, we will continue to bring transparency and fairness back to the commodities market and strengthen the policing of these markets. More than 10 pieces of legislation have been introduced in the Congress to deal with these issues and more are on the way. NEFI is reviewing this legislation and will report to members in a future issue of NEON.
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IRS Instructs Fuel Compliance Officers to Enforce EPA Sulfur Standards
The IRS Excise Tax Program has recently issued interim guidance (SBSE-04-0508-028) providing instruction to fuel compliance officers (FCOs) on how to enforce EPA diesel fuel sulfur standards at retail sites. The guidance is important to petroleum marketers because it means the IRS will now be checking the sulfur content of diesel fuel during routine inspections. The IRS has the authority to check for compliance with sulfur content under Section 6720A of the Internal Revenue Code. Section 6720A imposes a penalty if any person knowingly transfers for resale, sells for resale, or holds out for resale, a liquid for use in a diesel-powered train or highway vehicle that does not meet the applicable EPA sulfur standards. The penalty is $10,000 for each transfer, sale, or holding out for sale. In the case of retailers, under IRC §6720A(b), the penalty is assessed on any person who knowingly holds out for sale any such liquid. The penalty on retailers is $10,000 for each such holding out for sale. FCOs are the primary field personnel responsible for enforcing federal motor fuel excise tax regulations. FCOs will obtain samples for sulfur testing at bulk plants and retail sites where diesel fuel is transferred, sold, or held for resale. The interim guidance includes the following table that instructs FCOs how to conduct the inspection:
The interim guidance explains that the failure to post the required sulfur notice is a violation of the EPA labeling requirements, not IRS regulations. FCOs do not enforce the EPA labeling requirements. While there is no field test for measuring the sulfur content of diesel fuel, FCOs will collect samples to be tested at off-site laboratories. The interim guidance goes on to say that "since there is no visual indication of the sulfur content of the fuel, it is imperative FCOs consider every sample obtained for sulfur testing as a potential violation and obtain certain information about the fuel." In addition to the samples, the FCO will be looking at bills of lading, invoices and delivery tickets for supporting information. The FCO is also instructed to take pictures of the pump and label and note any additives placed in the fuel. If test results reveal a violation of the EPA sulfur standard, an IRS notice of violation will be sent imposing a penalty.
The new IRS guidance means that there is now an extra set of eyes checking for sulfur standards at bulk plants and retail sites. For this reason, it is important for compliance with both EPA and IRS regulations that dispenser labels indicate the sulfur content of the fuel in the tank. NEFI'S LEGISLATIVE & REGULATORY ACTION CENTER OFFERS AN ARRAY OF SERVICES TO ASSIST WITH COMPLIANCE:
Compliance Kits: NEFI has compliance kits available to guide fuel dealers and bulk plants with their obligations under the regulations. ORDER HERE (free for members)
EPA-mandated Sulfur Content Decals: Required under federal law. NEFI offers all the sulfur content decals required for on- and off-highway diesel fuel, kerosene and heating oil. ORDER HERE
Delivery Ticket Stamps: Contains wording required on all delivery tickets and shipping papers, required under law. (See this document for more info.) ORDER HERE
Discounted Fuel Testing: (NEFI Members Only) Offered through Bently Tribology Services of Peabody, MA. Contact (978) 535-9990 or email dan.walsh@bentlytribology.com)
On-call compliance assistance: For members-only, our Washington DC based Regulatory Counsel Mark S. Morgan, Esq. (mark@nefi.com) is ready and willing to assist NEFI members with federal compliance issues.
If you have any questions regarding the above products or services, contact (617) 923-5022 or email dave@nefi.com.
IRS Under Pressure to Make Mid-Year Mileage Rate Change
The IRS is under pressure to make a midyear adjustment to the mileage reimbursement rate for personal use of cars for business reasons. The current mileage deduction is 50.5 cents per mile was set in January of this year. While IRS generally only adjusts standard mileage rates on January 1 of each year, mid-year adjustments have been made in the past to address escalating fuel prices, most recently in September 2005. Sen. Norm Coleman (R-MN) wrote to IRS Commissioner Douglas Shulman asking that mileage rates be increased to better reflect the higher cost of business related travel. The disparity between the 2008 IRS standard mileage rate, which is used to calculate the deductible costs of operating vehicles for sales and deliveries, and the actual cost of gasoline and diesel fuel is putting a significant strain on small businesses, Coleman said. Senator Coleman's letter did not recommend any specific rate. Meanwhile, Senator Charles Schumer (D-NY) introduced a bill (S. 3032) that would increase the standard mileage rate for 2008 tax deductions on automobiles used for business to 70 cents per mile for the rest of 2008.
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The Battle Against Speculation
• Conservative commentator Bill O'Reilly takes on speculation. WATCH VIDEO
• Liberal commentator Keith Olbermann on the McCain advisors that created and still lobby FOR futures trading loopholes. WATCH VIDEO
• A great article in conservative magazine "National Review" says "futures trading and speculation is unquestionably putting upside pressure on oil prices" and recommends policy changes. READ MORE
• Senator Joe Lieberman (D-CT) will hold a hearing in the Senate Homeland Security Committee to hear input on legislative solutions to stop excessive speculation. The hearing will be held on June 24, 2008 at 10:30am. The webcast will be available online. READ MORE
• The Atlanta-based but London regulated InterContinental Exchange (ICE) has started a new website to counter some of the bad PR it has received, called www.oilfuturesmarketfacts.com.
• According to MSNBC, Wall Street has stepped up lobbying efforts to counter calls by NEFI and others for greater regulation of the futures markets. READ MORE
General News
• Both President George Bush and Presidential Candidate John McCain this week called for a lifting of federal bans on oil drilling in off-shore areas. READ MORE
• Residents of Union County South Dakota approved what could be the first new refinery in the U.S. in 30 years, capable of processing 400,000 barrels per day of heavy crude oil from Canada. READ MORE
• Dow Chemical announced that it is increasing prices of vital U.S. products, such as pharmaceuticals, paints, solvents, fertilizers and more, blaming rising oil prices. READ MORE
Heating Fuels
• On Wednesday, Mad Money's Jim Cramer (website) predicts that Natural Gas futures will eventually surge to $16 mmbtu or even higher, to as much as $23. This week, July Natural Gas futures hit a post-Katrina high of $13 mmbtu.
• The Hartford Courant examines the consequences in running heating oil in diesel engine vehicles. READ MORE
• Boston Channel warns heating oil customers to budget now. READ MORE
Motor Fuels
• Issues with old gasoline pumps are surfacing, as reported in a recent NYT article. READ MORE
• Exxon is getting out of the retail gasoline business, selling off its remaining 820 stations. READ MORE
• Gas drive-offs more and more common, stations requiring prepay in growing numbers. READ MORE
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• "We are here to help low income heating oil and propane consumers" was the message that NEFI Executive Shane Sweet, NEFI VP for Public Policy Jim Collura and Mass. Oilheat Council staffer Alisha Frazee brought to the first annual National Energy & Utility Affordability Conference in Denver, Colorado this week. It is an annual conference focusing on Low Income energy needs. NEFI is a member of the host organization, the National Fuel Funds Network (NFFN). Sweet and Collura spoke at a special seminar on deliverable fuels (heating oil & propane) and the challenges the industry faces his coming winter. "Make no mistake, these are difficult times," Sweet said, "but this industry stands side-by-side with low income advocates in support of energy assistance programs and the great work of low income advocates."
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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
Learn How to Grow and Diversify Your Fuel Business in Challenging Times
Register Now to Attend Visions 2008
• The 2008 Visions Conference will be held at the Hilton Boston Logan Airport Hotel in Boston, MA on September 8-10, 2008. The program is taking shape and information and registration are available at www.visions2008.org. Tracy Goodwin, NEFI VP for Events, is pulling together the details. Craig Snyder of Wesson Inc., and Don Craft, industry consultant, have headed up the development of the new Visions event. View Visions headline presentations.

• The 2009 North American Heating and Energy Expo is scheduled for June 9-10, 2009 at the Hynes Convention Center. Booth sales are underway and the most prominent spaces will go fast. Associate members and past exhibitors have first pick, so make sure to reserve your booth space now! For information and to reserve online go to www.nefi.com/expo.
• Sign up for NEFI's 2008 Fall Energy Conference to Napa Valley, September 23–28, 2008. The trip is doing extremely well and is sure to be a sell out. Act fast while space is still available. Please call Tracy Goodwin, NEFI VP & Dir. of Events at 617-923-5015 or email tracy@nefi.com if you are interested in joining NEFI and your industry colleagues on a trip to the beautiful wine country of northern California. For Details
Welcome New NEFI Member
Patriot Heating Service
Michael Conlon
15 Junction Sq. Dr.
Concord, MA 01742
Phone: 978-369-3396
Fax: 978-287-4674
E-mail: patriotheating@aol.com
Patriot Heating delivers No. 2 home heating oil.
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Sponsor This Newsletter!
NEFI would like to thank this month's NEON Sponsor, Beckett Corporation. 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
OIL&ENERGY MAGAZINE is produced monthly and circulated to over 9,500 diversified fuel company owners, managers, petroleum and propane distributors, and related HVAC service companies from Maine to North Carolina and other regions where Oilheat and propane for heating have an important market share.
Our news and feature focus is timely and of particular value to keeping personnel and managers in the industry well informed and attuned to industry developments and forecasts.
Monthly columns include fuel product hedging, financial, and weather advisements, plus our Q&A with prominent executives whose positions and decisions are relevant to the fuel marketplace. NEFI member companies receive OIL&ENERGY as a member benefit, and can also access a PDF file of the entire magazine each month at http://www.nefi.com/oilandenergy/archive.htm
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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The efforts of the National Oilheat Research Alliance (NORA), the National Biodiesel Board (NBB), and the Oilheat Manufacturers led by R.W. Beckett met with success yesterday in Vancouver Canada, as the ASTM approved a 5 percent blend of biodiesel in heating oil.
This effort has been underway for several years, as NORA and NBB identified state and national regulations that could have prevented the use of biodiesel in heating oil applications. John Huber of NORA stated that "Bioheat® provides a critical opportunity for the Oilheat industry to re-position itself as the green renewable fuel of the future, and that knocking down regulatory barriers was essential."
In that effort, NORA and NBB conducted a multi-layered fact finding process that required a thorough analysis of the fuel, how it would work in equipment, and that it would provide Oilheat customers with a fuel that would heat their homes throughout the winter. Paul Nazzaro of NBB stated "We are very excited about the development, and based on the research conducted over the years, and its thoroughness, we know that Bioheat will be as good as Oilheat in every area, but also provides the Oilheat industry a great path to the future."
In addition to the efforts of NBB and NORA, Vic Turk of R.W. Beckett championed the process, as Chairman of ASTM’s Burner Fuels Subcommittee. Moving through the process he was assisted by Steve Howell of NBH. In addition to Beckett, the other leading burner manufacturers Carlin, and Riello invested a great deal of time in testing their burners with this new fuel.
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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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