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A Service of New England Fuel Institute





November 7, 2008
Volume 3 • Issue 41



Election 2008 Outcome

Political Shift in Washington Brings New Challenges and Opportunities

NEFI Action Center Contributions Now Being Accepted Online

DHS Finalizes Safe Harbor Provisions of 'No-Match' Rule

Reminder: Unified Carrier Registration May be Required in Your State

SPCC Webinar Postponed

OPIS Webinar: NEFI Members Receive Discount Registration Fee

Free Drug/Alcohol Testing & EAP Seminar November 13 at NEFI

Early Bird Expo '09 Exhibitors

Industry News

News From NEFI

News from NORA

U.S. & Regional Fuel Stocks

Link to N.E. State News

Visit the NEON Archive


Creative Credit & Collections for
Oilheat & Propane Companies

November 19, 9:00 am - 3:00 pm
Watertown, Mass.
More Info

HazMat Seminar/Certification
November 19, 6-9 pm
Watertown, MA
Course Info

New Oilheat Wiring for Electricians
Course consists of two 3.5 hr. sessions
on November 24 and November 25,
12:30-3:30pm
Course Info

New Mass. Oil Burner Code 527 CMR 4.00
Choice of 4 seminars:
December 16: 1-4:30pm or 6-9:30pm
December 17: 1-4:30pm or 6-9:30pm
Course Info

Air Conditioning Evening Course
Announced Starting February 3!
Course Info

Gas Heat for Oilheat Technicians
Evening Course Announced Starting
February 3!
Course Info

Email school@nefi.com to register.


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NEFI EDUCATION
CALENDAR


NEFI AND ALLIES ASK TREASURY TO ADDRESS INDUSTRY CREDIT ISSUES
In a letter to U.S. Treasury Secretary Paulsen this week, the New England Fuel Institute joined other heating oil trade groups to request a meeting on the mounting credit concerns facing heating fuel marketers and their consumers. The letter asks the Treasury to consider using its "array of significant new powers" afforded it by the Emergency Economic Stabilization Act (commonly known as the Wall Street bailout package) to "facilitate the access to capital [the industry] needs on behalf of the nation’s heating consumers."

The letter states that because of the "unprecedented run-up in the commodity cost of crude oil through mid-July of $147 per barrel, and the associated run-up in the commodity cost of heating oil to over $4.25 per gallon for December delivery," many heating oil consumers opted for fixed price contracts with their heating oil dealers. Especially due to the fact that, at the time, Goldman Sachs and others investment banks were scaring businesses and consumers with predictions that crude oil would top $200 by winter, and with it even pricier heating fuels. Of course, the price run-up never occurred, due in large part to the Wall Street collapse and the subsequent exodus of speculative capital from the commodities markets.

Several members of Congress have sent letters in support of the meeting request, including Senators Clinton (D-NY) and Dodd (D-CT). Media outlets thought the region are also covering the development. Industry groups signing the letter included the New England Fuel Institute, Vermont Fuel Dealers Association, Independent Connecticut Petroleum Association, Maine Oil Dealers Association, Oil Heat Institute of Rhode Island, Oil Heat Institute of Long Island, Oil Heat Council of New Hampshire, Mass Oilheat Council and the Fuel Merchants Association of New Jersey.

Read the Letter

Read the Boston Globe Story


NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)

The 110th Congress is currently in recess until a special session later this month to address the unfolding economic crisis. The newly-elected 111th Congress will take office on January 3rd.

ELECTION 2008: DEMOCRATS WIN WHITE HOUSE AND STRENGTHEN GRIP ON CONGRESS

Presidential Election
At approximately 11:00 pm on November 4, 2008, major media outlets announced Illinois Senator Barack Obama as the next President of the United States. President-elect Obama won at least 349 electoral votes and 53 percent of the popular vote; Republican Candidate, Arizona Senator John McCain, won 163 electoral votes and 46 percent of the popular vote. Missouri, with 11 electoral votes, remains too close to call but leans Republican. After the election, outgoing Republican President George W. Bush congratulated President-elect Obama and committed White House resources and efforts to a smooth transition in leading up to Inauguration Day, January 20, 2009.

U.S. Senate
In the United States Congress, Democrats expanded on their existing majorities, strengthening their control over the legislative agenda in the coming 111th Congress, scheduled to begin January 3, 2009. Democrats are expected to pick up at least five seats in the Senate, bringing the number to 54. When you add independent Senators Bernie Sanders (VT) and Joe Lieberman (CT), the total is 56, however it is not certain that Lieberman will continue to caucus with the Democrats and closed-door negotiations between Senate leaders and Lieberman have already begun. Senate Democrats are eyeing the magic number of 60 seats, which is the number that would be needed for a filibuster-proof super-majority.

The outcome of three undecided races will determine if they reach this goal. The most controversial race is in Alaska. Republican Sen. Ted Stevens, recently convicted on seven felony counts for failing to disclose corporate gifts, is leading Democrat Mark Begich and is favored to win. However, he faces the possibility of impeachment and removal from office, which would trigger a special election in Alaska. In Minnesota final vote counts have given the lead to Republican Sen. Norm Coleman over Democratic challenger, ex-comedian Al Franken, but only by 571 out of 2.4 million votes, triggering an automatic recount. In Georgia, votes are still coming in, and unless Republican Sen. Saxby Chambliss receives more than 50 percent of the vote as required in Georgia (votes to-date show him just shy of that number), a December 2 run-off would be required against Democratic candidate Jim Martin.

U.S. House of Representatives
Democratic leaders also made good on their promise to expand their majority in the House. As this issue of NEON went to press, they had secured at least 19 additional seats for a total of 254. This however was shy of the lofty 30-seat goal the party had set for itself. An additional 5 seats remain undecided, and another two races in Louisiana will require run-off elections because candidates are required to achieve more than 50 percent of the vote in that state.

New England Turns Bluer
New England moved even more Democratic this election, continuing a trend experienced throughout the northeastern United States. Nowhere is this more dramatic than the New England Congressional Delegation. The entire New England U.S. House delegation is now democratic with loss of Connecticut Republican Rep. Chris Shays to challenger Jim Himes, former Goldman Sachs investment banker turned non-profit executive. Another major defeat was seen in New Hampshire as Republican Senator John Sununu was handily defeated by former Democratic Governor Jean Shaheen, 52 percent to 45 percent. Republicans have a glimmer of hope in Maine Sen. Susan Collins, who won reelection, and joins fellow Mainer Sen. Olympia Snowe and Sen. Judd Gregg of New Hampshire as the last of the GOP New Englanders in the Senate.

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POLITICAL SHIFT IN WASHINGTON BRINGS NEW CHALLENGES AND OPPORTUNITIES
This election was a victory for Democrats, who now control the White House and the Congress, and will likely result in major--and possibly dramatic--policy changes in Washington. It is likely that the sizable margin of victory for President-elect Barack Obama will be called a "mandate" and Congress will likely put forth progressive and ambitious new legislation, from energy policy to tax reform. House Speaker Nancy Pelosi (D-CA) has promised that Democrats will "rule from the center" and Senate Majority Leader Harry Reid (D-NV) will likely not get his 40-seat filibuster-proof majority. But the direction the Congress will take our nation's policies will no doubt be heavily influenced by Obama, unquestionably the Democratic Party's new national leader.

The first clear sign of where the Obama White House will take the country will lie in the appointment of his Presidential Cabinet and heads of the various federal agencies and commissions. Obama is expected to act within weeks in announcing his picks for key economic posts, including Treasury Secretary, in order to give the troubled markets some confidence. As the first Presidential transfer-of-power during wartime in over 40 years, he will also act quickly to select a National Security Advisor and Secretary of Defense. Any names being floated around this week are mere speculation at this point. The majority of his Presidential appointments will not be known for weeks.

Despite the changing political landscape in Washington DC and nation-wide, we want to remind you that you can always count on NEFI. To those that have promised progressive and ambitious new public policy, we say, bring it on. We are ready to meet and tackle the current and future challenges in defense of our members, and ready to maximize the potential opportunities in order to create a vibrant and profitable environment for our members and the industry at-large. Many of you may be feeling uncertain or anxious about the outcome of the election and what it will mean for your businesses, your customers and your clients. Rest assured, however, that we here at NEFI will stand firm for our members' interests, as we have always done and will continue to do. You can bet on it.

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NEFI ACTION CENTER CONTRIBUTIONS NOW BEING ACCEPTED ONLINE!
We are also pleased to announce that, with the launch of the new NEFI Action Center website, you can now make online donations to the NEFI Action Center Fund. No log-in is required. Simply visit www.nefiactioncenter.com and click "Make a Donation," which is in bold red font in the menu on the left side of the screen. When the "Contribution/Pledge Form" page opens, simply fill out the desired donation amount, billing information and contact information fields and click "submit contribution." Donors can either choose to be billed for their donation or may use a credit card (we accept Visa, MasterCard or American Express). Remember that our pledge forms list suggested donations only.

View a complete list of 2008 Contributors to-date.

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Contact: Mark Morgan, NEFI Regulatory Counsel (mark@nefi.com)

DHS FINALIZES SAFE HARBOR PROVISIONS
OF 'NO-MATCH' RULE
The Department of Homeland Security (DHS) issued a supplemental rule last week on its "no-match" rule which determines when an employer is liable for knowingly employing an illegal alien. The rule provides a safe harbor against liability for employers who take certain steps upon receiving a "no-match" letter from Social Security Administration's (SSA) or Department of Homeland Security (DHS). The rule was issued to address a federal district court order that stopped the agency from enforcing its requirements over concerns relating to employer liability. The DHS had begun sending out "no-match" letters to employers last year that threatened civil and criminal penalties if they failed to resolve mismatched social security numbers on I-9 Employee Eligibility Verification Forms. The DHS letters stated that failure to respond would be construed as a "knowing" violation of Section 274 of the Immigration and Nationality Act.

In response to this development, the NEFI Regulatory Counsel Mark S. Morgan, Esq. has prepared a compliance bulletin. View the bulletin and enter your password, or contact Dave Huffman at 617-923-5022 or dave@nefi.com. Access to the Federal Regulations page and related resources at www.nefiactioncenter.com is restricted to NEFI members only. If you are interested in membership, visit www.nefi.com/join or contact Joanne Sharkey at 617-623-2014 or joanne@nefi.com.

REMINDER: UNIFIED CARRIER REGISTRATION MAY BE REQUIRED IN YOUR STATE
NEFI has received reports of fuel dealers being cited for failure to comply with the U.S. Federal Motor Carrier Safety Administration's "Unified Carrier Registration" (UCR). The program was created by Congress in 2005 and modified in 2008, when a new UCR program replaced the former Single State Registration System that used to apply only to for-hire inter-state motor carriers. Participating states require registration and payment of fee (based on fleet size). Additionally, implementation may vary by state, as states are permitted to expand the program to include intra-state transporters, including for-hire and private petroleum transporters who never cross state lines. To determine if you must register, contact your state association or visit www.ucr.in.gov for an instruction sheet, list of frequently asked questions and an online registration form.

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Heating Fuels

  • ECC ADDRESSES FIXED-PRICE CONTRACTS The Energy Communications Council, of which NEFI is a member, has issued a nation-wide press release addressing concerns and questions on heating oil fixed-price contracts.

  • UGLY NATIONAL GRID METERS CAUSE STIR The online blog at Projo.com has reported about the "un-neighborly" move by National Grid to install unwelcomed, ugly and distracting new meters (which it describes as "miniature gas refineries").

  • UTILITIES GET AGGRESSIVE WITH SHUTOFFS A Wall Street Journal article (subscription required) examines how aggressive utilities are getting to collect from customers behind on their bills.

Motor Fuels

  • NEW FUNGUS EXCRETES TRULY "BIO" DIESEL FUEL No, we're not kidding. Just in from the National Science Foundation, a new fungus that excretes what scientists are calling "myco-diesel" in a process that may revolutionize the biofuels industry and scientists understanding of how crude oil is produced in nature. Read More

  • NH COMPANY HOPES "CONGREENIENCE STORE" WILL CATCH ON NEFI member Simply Green Biofuels is hoping to add the phrase "congreenience store" to the lexicon with their new green-only station in Dover. Read More

Energy Markets

  • "FREE MARKET IS NOT A FREE-FOR-ALL" Vermont Fuel Dealers Association Executive Director Matt Cota has penned a thoughtful Op-Ed piece for the Burlington Free Press, in which he addresses Wall Street deregulation and the role it has played in the run-up in energy prices. Cota argue, "a free market works only when the rules that keep things fair are enforced without fear or favor." Read the Op-Ed

  • GAO STUDY ON PETROLEUM MERGERS A new report by the Government Accountability Office (GAO) studied the impact that the more than 1,000 petroleum industry mergers have had on the market. Read the Report

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NEFI SEEKS INFORMATION TECHNOLOGY (IT) SPECIALIST
We are currently seeking an individual with experience in maintaining servers, vendor IT infrastructure, Microsoft Exchange, and Linux based web applications. In addition to possessing the requisite knowledge, the right candidate will make the New England Fuel Institute’s information systems their priority. As such, the ideal candidate should live locally (Watertown/Waltham MA) or be available on very short notice (same day). Again, the ability to respond to the computing needs of NEFI in a timely manner is crucial. For more information, contact Shane Sweet, President & CEO at shane@nefi.com or 617-923-5011.

SPCC WEBINAR HAS BEEN POSTPONED: The SPCC webinar that was scheduled for November 5 has been postponed; a firm date has not yet been fixed but NEFI is aiming for December. The reason for this delay was completely out of the control of NEFI staffers as the EPA has taken longer than expected to finalize important amendments. Phone calls have been made to all participants explaining this. Registration is still open to interested parties. If you wish to participate, visit www.nefiactioncenter.com.

NEFI REPRESENTATIVE TO ATTEND FTC WORKSHOP: As this issue went to press, NEFI Regulatory counsel Mark S. Morgan, Esq., was representing NEFI at a public workshop presented by the Federal Trade Commission (FTC) seeking input on the proposed rulemaking that prohibits market manipulation.


• The 2009 North American Heating and Energy Expo is scheduled for June 9-10, 2009 at the Hynes Convention Center, Boston. Fifty percent of booth spaces are sold 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.


See the Early-Bird Exhibitors for EXPO '09 Go Now


• View the latest edition of Oil & Energy online.

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Supplying Comfort Goods & Sound Advice Since 1958
www.jomardist.com

Sponsor This Newsletter!
NEFI would like to thank this month's NEON Sponsor,
JOMAR

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


• NEFI MEMBERS GET DISCOUNT FOR OPIS COURSE ON BUYING & SELLING FUEL
The Oil Price Information Service (OPIS) is holding a three-day course on the buying and selling of gasoline and distillate fuel for executives. The Fuel Management University program will be held in Baltimore, MD from December 3-5, and will feature sixteen-time expert instructor Elaine Levin. The program has led hundreds of graduates to successful fuel management! Advance the way you buy, sell, market and hedge gasoline and diesel fuel in just 3 days! Whether you’ve been buying and selling fuel for years, or are new to the business, this course will work for you. NEFI MEMBERS ARE ENTITLED TO A DISCOUNT OF $300 OFF THE REGISTRATION PRICE.  To get the discount, you will be required to enter a discount code that can be obtained by emailing dave@nefi.com or calling 617-923-5022. Once you have the code, you may register online at www.opisnet.com/fuelmgmt (entering the code when prompted) or by calling 866-620-5940.

• NEFI OFFERS FREE DRUG/ALCOHOL TESTING & EAP SEMINAR
Presented by: The Newport Alliance on November 13, 2008 10:30 A.M. – 12:30 P.M.
Location: New England Fuel Institute, 20 Summer Street, Watertown, MA 02472

• Whom Do The Rules Apply To
• DOT vs. Non DOT Drug Testing
• Review Employer Responsibilities
• Employee Assistance Program
• Drug & Alcohol Program Compliance Advisor Available To Answer Questions
• Enrollment Opportunity

Please contact Donna Carcerano, Benefits Administrator at New England Fuel Institute (617) 923-5020 or email donna@nefi.com to register for the free Drug/Alcohol Testing & Employee Assistance Program Seminar.

• DRUG/ALCOHOL TESTING & EMPLOYEE ASSISTANCE PROGRAM OFFER
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
• 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

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.

The NEFI-Newport Alliance Consortium is the only NEFI-endorsed Drug /Alcohol Testing and Employee Assistance Program. To compare your current costs or obtain further information on the program please contact Donna Carcerano, NEFI Benefits Administrator at (617) 923-5020 direct line, (617) 924-1000 ext. 220 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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NORA Online Store is Open for Business
Technological change is critical in our technology driven society. NORA is taking the time to catch up with technology by analyzing the current consumer education being conducted by NORA. NORA is putting forward solutions that are attainable by customers who visit NORA's multiple web pages. NORA is working vigorously to stay ahead of the change; this exciting change has started with the NORA Store.

The NORA Store is an online purchasing center that allows customers to purchase NORA products with just the click of a button. The NORA Store has products for technicians, homeowners, trainers, realtors and a variety of other audiences. NORA is striving to create a more user friendly, content based website geared towards technicians, trainers and consumers. The menus have been redesigned to be clear and simple, providing quick, immediate access to educational products. Searches have been custom-tailored to user preferences. Available for purchase, NORA has developed a vast number of educational materials to promote service excellence in the Oilheat industry. The "newly remodeled" NORA store can be viewed at norastore.org.

For information on NORA 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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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!