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A Service of New England Fuel Institute





June 5, 2008
Volume 3 • Issue 21




PMAA Member Joins Soros and Others In Senate Hearing on Oil Manipulation by Traders

NEFI Publishes Compliance Kit on Federal Hazmat Registration (Due July 1st)

GAO Recommends AST Tank Registration to Aid EPA SPCC Enforcement

Industry News

News From NEFI

News from NORA

U.S. & Regional Fuel Stocks

Link to N.E. State News
VFDA Relocates to Montpelier

Visit the NEON Archive


Senate Cap & Trade Bill Carries $911 Billion In Utility Consumer "Price Relief"
This week, the U.S. Senate took up debate of the Boxer-Lieberman-Warner Climate Security Act of 2008 (S.3036). The legislation is designed to create a "cap & trade" system for reducing greenhouse gas (GHG) emissions. It would do so by establishing emissions limits or "caps" on several GHG producers, such as power plants and refineries, at a level that is lower than their current emissions. Companies that exceed their emissions caps can buy or trade emissions allowances from other companies that have fallen below their caps. The intent is to create a market for buying and selling of emission allowances in order to gradually reduce emissions over a period of time. S.3036 would aim to reduce GHG emissions 2 percent each year between 2012-2050 (based on 2005 levels).

Concerned about the increased price of energy that would likely result from a cap & trade system, Congress tucked into the bill a provision that provides $911 billion (through 2050) in "market relief" to energy consumers -- but only to natural gas and electricity consumers! Heating oil and propane consumers would be literally left out in the cold. The provision would have provided the subsidy to utility companies which would then be used to reduce rates for customers to "ensure that [utility] customers are protected from price increases in energy costs." NEFI -- obviously outraged by the provision -- alerted state Oilheat groups and contacted key lawmakers in opposition to the "free money" for utilities.

Luckily, this legislation is likely doomed due to Senate Republican opposition to the overall bill. Republicans blocked the measure by filibuster, which will require a 60-vote majority to end (or "invoke cloture"). The Democratic leadership does not likely have the votes needed. Regardless, a vote will take place on Friday, June 6, 2008. If Democrats fail to override, the bill will die, and NEFI will closely examine future cap & trade proposals for ridiculous "free handouts" to the utilities. On the very off-chance that the Democrats succeed and proceed to consideration of the bill, NEFI will help mobilize grassroots industry opposition to the measure.

UPDATE: Bill Does Not Go Forward Per Senate Vote Friday, June 6

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PMAA Member Joins Soros and Others In Senate Hearing on Oil Manipulation by Traders
Yet another panel of experts was convened by a Senate Committee on Tuesday to discuss the issue of energy futures market manipulation. It seems as though almost one hearing per week involves this subject, and without question it is currently the hottest energy debate on Capitol Hill -- thanks to the large amount of attention that NEFI, PMAA, industry state associations and their allies have brought to the subject. The hearing received much media attention and was televised live on C-Span. View the hearing held by the Senate Committee on Commerce, Science and Transportation.

Testimony of George Soros
Billionaire investor and political activist George Soros took round one. His contention was that current oil prices are in a bubble that will ultimately burst. "I have made a lifelong study of bubbles...financial institutions investing in commodity indexes as an asset class...is a relatively new phenomenon and it has become the 'elephant in the room.'" He added that combined with the housing downturn, the U.S. could be experiencing a "super-bubble." "We are currently experiencing the bursting of the housing bubble and at the same time a rise in oil and other commodities which has some of the earmarks of a bubble." Soros recommended implementing new margin requirements and pushing so-called "index fund" traders out of the commodities market (see lead story from last week's issue for more on index fund traders). READ TESTIMONY

Testimony of Professor Michael Greenberger
The second speaker, well known to the heating fuel industry, was Professor Michael Greenberger. Greenberger was unequivocal concerning speculative practices: loopholes in current law have led to severe deregulation. Greenberger spoke at length about the use of "no action letters," which are letters written by the Commodities Futures Trading Commission (the federal regulator of futures markets) to foreign governments giving these governments authority to police U.S. traders and trading of U.S. energy within their borders, even if their transparency requirements or anti-manipulation rules are inadequate. NEFI commonly refers this to this as the "Foreign Markets Loophole." Greenberger said, "Turning [U.S.] regulation over to Dubai and the English is a joke," referring to exchanges in Dubai and the UK that are trading U.S. energy contracts but are not regulated by U.S. authorities. Prof. Greenberger commented further on how speculators with no intention of physically owning oil have taken up large positions in the market. READ TESTIMONY

Testimony of Gerry Ramm of Inland Oil, Washington (on behalf of PMAA)
Representing the industry, Gerry Ramm spoke on behalf of the Petroleum Marketers Association of America with support from NEFI. Ramm emphasized that the industry has lost hope in the ability of the futures markets to do their job of setting a reasonable price for energy, based on supply and demand. Ramm praised Congress for passing the "Close the Enron Loophole" legislation, but called it only a "first step." He said the farm bill does not address the "Foreign Markets Loophole" addressed by Greenberger. He also joined George Soros in calling for increased margin requirements or upfront collateral for traders, and restricting or banning market participants that do not have the ability to take direct physical possession of a commodity. READ TESTIMONY

To close the summary of the hearing, perhaps the quote of the day was that of Mark Cooper, director of research for the Consumer Federation of America, who called the CFTC's response to what he calls "hyper-speculation" in the markets as "the regulatory equivalent to FEMA's reaction to Hurricane Katrina." Well said, Mr. Cooper. READ TESTIMONY

It is time for Congress to act DECISIVELY. A new nation-wide campaign is in the planning stages that will bring consumer attention to speculation. PMAA has formed a "Futures Market Reform Task Force," spear-headed by Gary Ramm, to come up with the strategy. NEFI is participating in this Task Force and supporting the effort. Members should look for an announcement on the launch of the campaign soon.

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NEFI Publishes Compliance Kit on Federal Hazmat Registration (Due July 1st)
The U.S. Department of Transportation's Pipeline and Hazardous Material Safety Administration (PHMSA) requires hazardous material transporters to register and pay a fee in return for a certificate of operation. Members who have registration certificates that expire in 2008 must renew by July 1, 2008. This regulation applies to anyone that transports hazardous materials, including motor fuel, heating fuel and off-road diesel fuel dealers. If your vehicles are placarded, then you must comply. This requirement used to apply only to inter-state HAZMAT transporters, but in recent years was expanded to apply to all HAZMAT transporters. NEFI has published a members-only compliance kit on HAZMAT registration. A copy was sent to all members that registered their email address with NEFI. If you have not yet received a copy, contact the David Huffman of the NEFI Legislative & Regulatory Action Center at (617) 923-5022 or dave@nefi.com.

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GAO Recommends AST Tank Registration to Aid EPA SPCC Enforcement

The U.S. Government Accountability Office (GAO) has issued a report recommending the EPA adopt an aboveground storage tank (AST) registration program in order to better target bulk plants for enforcement under the federal Spill Prevention Control and Countermeasure (SPCC) regulations. According to GAO, in fiscal years 2004-2006, EPA regions conducted just 3,359 SPCC inspections; that is less than 1% of the estimated 500,000 facilities subject to the rule. The report found the EPA unable to effectively identify facilities subject to SPCC regulations. The report, Aboveground Oil Storage Tanks: More Complete Facility Data Could Improve Implementation of EPA's Spill Prevention Program, found information on AST facilities is so meager that the EPA resorts to identifying facilities for enforcement by reviewing state referrals, conducting Internet searches, and looking through the Yellow Pages.

EPA said it is currently developing a national database to improve management of the SPCC program, but the data collected thus far is limited to facilities that have already been inspected. The GAO report concludes that a registration and reporting program for all ASTs nationwide is needed to improve the EPA's database. The GAO recommends the EPA adopt an AST registration program that requires tank owners to register with the EPA and report site information, including the number of tanks, storage capacity, age of tanks, location, quality of construction and methods of operation. It also recommends adoption of additional SPCC performance measures so that the EPA can determine the extent to which the program is achieving its goals. The EPA said it generally agrees with these recommendations, though it has not said whether it will pursue a registration rulemaking. NEFI will monitor this issue closely and oppose any burdensome regulations. Read the report.


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The Battle Against Speculation
• As was reported in a recent issue, John McCain opposes closing the Enron Loophole, likely under advice from his key economic advisor, former Texas Senator Phil Gramm. A columnist brought attention to the issue recently The Texas Observer. READ MORE

• In a press conference Monday, two Connecticut Congressmen backed efforts to curb oil prices. The Independent Connecticut Petroleum Association and NEFI are backing their efforts. READ MORE

• Acting Chairman Walt Lukken (R) and Commission Bart Chilton (D) of the Commodity Futures Regulatory Commission (CFTC), the principal regulator of the futures markets, appeared before a Senate committee to be cleared for reconfirmation on Wednesday. Scott O'Malia (R) was also cleared for nomination as Commissioner. Much attention was given to the issue of speculation and market manipulation, but there were mostly softball questions. Regarding the effect that index trading is having on futures prices, Lukken mentioned that he is understaffed but said the commission has the regulatory tools to spot that sort of situation." Well then let's give it to them. VIEW VIDEO

• The CFTC will host a second annual meeting of international futures market regulators next week to address concerns about possible manipulative trading on the global energy markets. READ MORE

• Senator Kerry (D-MA) has called for a Justice Department task force to investigate energy market manipulation. Kerry wants the government to explore the "degree to which speculation distorts the [energy] marketplace." READ MORE

• A great piece has been written in the New York Times on energy trading exemptions, entitled "Sewing the Energy Loopholes Shut." READ MORE

• OPEC'S chief official insists speculation is behind oil price hikes. READ MORE

Heating Fuels

• This is not a story you hear too much about these days, but it is certainly welcome news. The Alaskan Forest Service is converting public-use cabins to Oilheat. READ MORE

• WCSH Portland, Maine has reported on a non-profit in Southern Maine, run by Maine Democrats, that is offering discounted home heating oil. READ MORE

• The Columbus Dispatch reports utility companies are prepared to shutoff customers that can't pay their bills. READ MORE And a Philadelphia paper reports shutoffs up drastically from 2007. READ MORE

• NEFI CEO Shane Sweet defended the industry in a recent article, "Heating oil customers consider natural gas option." READ MORE

• The AP is reporting that drivers are putting less fuel in their tank, and then running out. Not a very sound practice. READ MORE

Motor Fuels

• After Congressional hearings into the hidden credit card fees paid by merchants and, consequently, consumers, major legislation has been introduced to "fix" the credit card fee issue. READ MORE

• A recent report from the Federal Highway Administration (FHWA) has shown a major decline in vehicle miles traveled on U.S. roads, with March totals down 4.3 percent from last year. It is the first decline in March driving since 1979. READ MORE

• A new Gallup Poll shows Americans wanting Price Controls on Gasoline. READ MORE

• U.S. Senator Rockefeller (D-WV) is pushing for a new program -- modeled after the federal home energy assistance program -- to provide federal motor fuel assistance for low income Americans. READ MORE

If you have industry news items for a future issue of NEON, email jimcollura@nefi.com and put "NEON industry news" in the subject line. No more than 50 words please, "Read More" link optional.

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• NEW STAFFER JOINS NEFI LEGISLATIVE & REGULATORY ACTION CENTER. Dave Huffman (dave@nefi.com, 617-923-5022) is the newest member of the team at the New England Fuel Institute. Huffman will be working as a member services specialist for the Legislative and Regulatory Action Center (LRAC). "I am very pleased to welcome Dave to our staff," said Jim Collura, NEFI VP and LRAC Director. "I anticipate that members will see an increase in valuable communications, services and resources as a result of Dave's work in support of the Action Center." Huffman a graduate in political science the University of New Hampshire, has extensive experience in customer service and the financial markets.

• On Tuesday, June 10th Sean Cota (of Cota & Cota, Bellows Falls, VT) will represent NEFI before a new federal advisory committee on energy trading. The committee was formed by the CFTC earlier this year at the recommendation of NEFI and its coalition allies. We will report how the meeting went in the next issue.

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.




• 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.

Welcome New NEFI Member

LaBrosse Brothers Chimney & Masonry, Inc.
John LaBrosse
630 Main St.
Hope Valley, RI 02832
Phone: 401-377-6009
Fax: 401-491-9512
Email: john@labrossebrothers.com
Web: www.labrossebrothers.com
LaBrosse Brothers services chimneys serving many different fuel sources and appliances.

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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

View NEFI Membership Information

Mandatory Drug & Alcohol Testing
Meet the requirements of the Federal Motor Carrier

Due to the complexities of the Federal Motor Carrier Safety Administration and the related Department of Transportation and Health & Human Services regulations, your choice of a group to manage your overall program is a critical one.

The New England Fuel Institute, in partnership with the Newport Alliance, has created a drug and alcohol testing consortium that meets federal requirements.

• Company Policy/Certificate of Compliance
• Reporting and Recordkeeping
• Collection Site and Testing laboratories
• Employee Assistance Program (EAP)
• Medical Review Officer (MRO) Services
• Notification of Selection for Random Testing
• Required Testing (Pre-employment drug tests and random, post-accident,
reasonable cause, return-to-duty and follow-up drug and alcohol testing
in accordance with federal regulations at no additional cost)
• Supervisor/Employee Training Program

The NEFI-Newport Alliance Consortium minimizes the time and expense of administrative requirements. Fuel Oil dealers and truckers who implement programs alone face administrative burdens and the possibility that they might overlook something risking severe penalties if found in noncompliance by the federal DOT. The consortium offers the expertise and administrative guidance necessary to ensure that dealers comply with the law and demonstrate compliance to DOT auditors.

The NEFI-Newport Alliance Consortium is the only NEFI-endorsed drug and alcohol testing program. To compare your current costs or to obtain further information on the program contact Donna Carcerano, NEFI Benefits Administrator at (617) 924-1000 ext. 220, 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.


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South Carolina Referendum to Join NORA Passes

The South Carolina Petroleum Marketers Association reports that a referendum of heating oil distributors in that state has voted in favor of joining the National Oilheat Research Alliance (NORA).

The voting was conducted between April and May of this year. The application to join will next go before the NORA Board of Directors which is expected to approve membership later this year for South Carolina's entry as the 23rd state in the Alliance. "We look forward to becoming part of the Alliance," said Michael Fields, Executive Director of the South Carolina Petroleum Marketers Association.

Companies joining NORA know that there are multiple benefits, such as: rights to the term Bioheat®, receiving state grants, access to educational programs, access to expert trainiers and resources for training classes, exclusive rights to NORA consumer education, advertisements in all mediums, national recognition, and access to a variety of contacts.

By providing these benefits, NORA is helping to improve the quality of the Oilheat industry -- and at the same time giving customers a convenient and economical alternative to heating their homes.

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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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U.S. & Regional Fuel Inventories
News from the Dept. of Energy
Energy Information Administration
"This Week In Petroleum" Data as of June 4, 2008







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ICPA E-Marketers Report May 5, 2008
ICPA Technical Education Center Newsletter





MODA 54th Annual Convention
Read more at www.meoil.com




MOC Lobbies Industry Issues in DC




OHC-NH New Website




OHI-RI Newsletter




View This Week's Vermont Headlines
Education & Training
Read more at www.vermontfuel.com
VFDA Relocates to Montpelier
The new address and contact info. is:
Vermont Fuel Dealers Assn.
250 Main Street, #301
Montpelier, VT 05602
Phone: 802-223-7750
Fax: 802-223-7751


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Upcoming Courses at NEFI Training Center

EPA 608 Universal
Training & Certification
Evening: 6-10pm June 17 and June 19
Day: 7:00am - 3:30pm June 19
Course Info

HVAC System Design
June 17-18
16 NORA CEUs
7:00 AM - 3:30 PM
$599
Course Info

R-410A Training and Certification
Day: 7:00am - 3:30pm June 19
Course Info

MA Oilburner Code 527 CMR 4.00 Training

Email school@nefi.com to register






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PLEASE NOTE:
Reporting to members on legislative and regulatory developments or providing pertinent compliance information does not constitute NEFI’s support for that particular issue, unless otherwise stated. NEFI only takes positions on public policy issues after consulting its Officers, chairs and receiving consensus from the members of relevant committees. NEFI’s Government Affairs Committee assembles on a monthly basis to review positions and strategy on timely public policy issues. Feedback from members is always welcome and appreciated!