Vol. 2009   #1
January 9, 2009


What's Happening at ICPA? Click on the Calendar For All ICPA Meetings, Events, Seminars & Classes


ICPA Staff Contacts

Gene Guilford, Executive Director gene@icpa.org
Chris Herb, Associate Director chris@icpa.org
David Chu, Director of Member Services chu@icpa.org
Kate Lennon, ITEC Business Development kate@icpa.org
Kylie Faircloth, Executive Assistant kylie@icpa.org
Phyllis Stickler, Book Keeper books@icpa.org
Chris Jordan, ITEC B-License Instructor jordyn@icpa.org
Bill McDermott, ITEC S-License Instructor bill@icpa.org

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JOE'S OIL BACK IN BUSINESS

On January 6th Joe Kennedy issued a statement saying his program was suspended, on the 7th CITGO issued a statement saying it was back on. The Citizens Energy heating assistance program, run through Citgo Petroleum Corp provides 100 gallon vouchers to low income oilheat customers.  The program is scheduled to be back online by January 19. To learn more CLICK HERE.  Heating oil retailers who wish to provide the 100 gallons to their low income consumers need to register on that website. Consumers also need to apply the same way. Once a consumer is deemed eligible by Citizens Energy that consumer's oil vendor will be sent an authorization to make the 100 gallon delivery.

For all of the major low income energy assistance programs including Operation Fuel, CEAP and so on click here.[Members Only]

For more information contact Gene at gene@icpa.org or Chris at chris@icpa.org or call ICPA toll free at 1-866-521-ICPA

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January 7th marked the first day the 2009 legislative session where the General Assembly was tasked with closing a $350 million deficit by July 1st and then tackling a $6 billion deficit for the biennial budget.  Governor Jodi Rell is urging legislators to implement several cuts that include the commercial tank fund, oil conservation fund, low income energy assistance program and the bio grant program.  These cuts represent a small portion of the potential budgets cuts that will effect every department in Connecticut and every program.  Governor Rell said “these are the worst financial times any of us can remember” which includes the deficit that brought about the state income tax in 1991.  ICPA will ask members to contact their local legislators to protect vital programs that serve consumers and discourage increases in taxes and fees that will hinder their ability to be competitive.

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The Furnace Replacement and Furnace Upgrade/Repair Rebate Programs are incentive programs for Connecticut households to replace their existing residential furnaces or boilers with more energy efficient models, and to upgrade or repair their existing residential furnaces or boilers to achieve greater heating efficiency.  The programs are designed to provide rebates of up to $500 to households that replace, upgrade or repair their existing natural gas, propane or oil furnaces or boilers within qualifying dates.  Replacement and Upgrade/Repair Rebate Program highlights are listed in the link below.  Please download the complete Replacement or Upgrade/Repair Rebate guidelines and application materials to view all eligibility criteria.

Every company doing system upgrades and replacements needs to get involved with this for their customers - a $500 rebate RETROACTIVE TO JULY 1, 2007

For more information click here!

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ICPA Motor Fuels Chair Mike Devino of Mercury Fuel ( Waterbury ) recently met with the new House Chair of the General Law Committee, Jim Shapiro (D) of Stamford .  Rep. Shapiro is new to General Law and gasoline issues in general, but demonstrated a quick learning curve as Mr. Devino explained ICPA’s position on several issues that the association has worked on over the last decade.  In particular he reviewed who Jobber/distributors are and what their roll is in the gasoline market, the unfair application of the current gouging laws, the potential effort on the part of dealers to change the CT right of first refusal law to allow lessees to break up package sales of gasoline stations, allowing lessees to buy gasoline at the rack and zone pricing.  

Rep. Shapiro expressed opposition to the state interfering with contracts between lessees and their suppliers, the need for the gouging laws to be specific so marketers can comply with the law and the need to examine banning zone pricing.  Rep. Shapiro indicated that protecting the sanctity of contractual agreements is a philosophical belief that he has, but will needs further education on marketing issues.  ICPA has requested another meeting with the new Chair to review heating oil issues.  In addition to the new Chairman, the General Law Committee will be comprised of several legislators who have not been supportive of ICPA’s position on several issues.  Sen. Tom Colapietro (Senate Chair) of Bristol , Rep. William Tong of Stamford and Rep. Corky Mazurek of Wolcott have long opposed our efforts to stop anti-Jobber legislation.  

ICPA supporters like Sen. David Cappiello, Sen. Sam Caligiuri, Rep. Chris Stone, Rep. Len Greene and Sen. Paul Doyle have either retired or been assigned to other committees.  This shake up emphasizes the need to meet with several of the new members of the committee.  These changes pose the biggest challenge Jobbers have faced in the last 10 years.  ICPA has scheduled meetings with members of the committee for the purpose of educating them on the importance of allowing the free market to work with as little interference as possible.

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ICPA released its 2009 state legislative and regulatory agenda last week after presentation to the ICPA the Board of Directors. Among the issues ICPA intends to pursue for members in the next session of the General Assembly are;

  • Bringing back the clarification of the state's gouging laws to protect marketers, this bill passed out of the General Law Committee in the last session but we had to defeat it as it was amended in the Senate with anti-marketer gasoline issues;

  • Rewriting the existing Connecticut Heating Oil and Propane Dealer contracts law, including electronic and telephonic contracts;

  • Raising the minimum delivery on fuel oil deliveries from 100 to 150 gallons;

  • Eliminating the requirement to provide free air at service stations and convenience stores;

  • Raising the minimum mark-up on cigarettes;

  • Eliminating the need for Stage II vapor recovery at gasoline dispensing locations;

  • Replacing the gross earning tax on gasoline and replacing it with a flat, fixed cents per gallon excise tax;

  • Increase the commissions for lottery ticket sales;

See the agenda here > 

http://www.icpa.org/icpa_board/2009 ICPA State Legislative Agenda.pdf

For more information contact Chris at chris@icpa.org or call ICPA toll free at 1-866-521-ICPA

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We are saddened to inform ICPA members of the passing of Robert C. Tracey of New Haven. He was born in New Haven on Dec. 20 1923 son of the late Erwin and Violet Mackey Tracey. Bob graduated from Hillhouse High School then served our country proudly during WWII as a First Lieutenant and P47 fighter pilot in the Armed Air Corps where he flew 64 missions earned a Distinguished Flying Cross and two Bronze Oak Leaf Clusters. He was honorably discharged in 1945. Upon his return home he joined his father at Tracey and son Fuel Oil LTD now Tracey Energy Services LLC where he worked for 51 years until his retirement in 1996. 

He was a good kind man who was a friend to all. He leaves to cherish his memory his wife Mary Ann Plavnicky Tracey; his three children daughter Jennifer (Ralph) Tracey-Carlo daughter Ellen (Randy), son Christopher (Lule) Tracey; and his seven beloved grandchildren - Cassondra Alison Lindsay Nicholas Sydney Andrew and Dimitri; his sister Sally (George) Cahill; nephews a niece an other relatives and friends. He was predeceased by his brother Erwin Tracey Jr. and a sister Violet M. Tracey. He will also be greatly missed by the devoted staff of Brighton Gardens of Woodbridge who gave him such wonderful care and a special thank you to the staff on the fourth floor of Verdi North at the Hospital of St. Raphael who treated him with compassion and respect throughout his illness. Funeral from the Keenan Funeral Home 238 Elm St. West Haven Saturday at 9:15 am with a Mass of Christian Burial at St. Aedan Church New Haven at 10:00 am. Burial will be in St. Lawrence Cemetery West Haven. Friends may call Friday from 4 to 8 pm. Donations in Bob's memory may be made to St. Aedan Church 112 Fountain St., New Haven CT 06515.

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CFTC COMMISSIONER: WE COULD HAVE DONE A BETTER JOB

“We could have done better. We could have been aggressive advocates for closing dark energy markets-particularly after we witnessed how consumers were impacted by the activity in the natural gas markets in 2006.

We could have given exchanges timely guidance on governance rules that we promised in the first quarter of this year. We could have been quicker to see the problems of look-alike contracts traded on domestic and foreign exchanges-the Enron and London Loopholes-if you will. We could have done more and reacted better in looking at silver and gold trading. We also could have done better by looking at the role of new speculators-particularly non-traditional, non-commercial long traders-in the commodity markets. With gas prices over $4 a gallon this past summer, the CFTC’s position that the markets were operating appropriately strained credibility, at best. We could have dealt better in handling with the issue of market prices vis-à-vis swaps dealers. We could have conducted the interagency task force looking at oil trading in a different fashion-perhaps one that didn’t invite an Inspector General’s investigation.”

Those are some of the comments of the Bart Chilton, a Commissioner on the Commodities Futures Trading Commission in a speech he delivered in December. Chilton argues that the era a deregulation that began in earnest with the 2000 Commodities Futures Modernization Act failed, and that federal oversight of commodities markets is not a threat to the free market system but an agent to assure that system operates without the manipulation seen since 2000. The entire text of Chilton's speech can be read by clicking HERE.  [ICPA]

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NYT EDITORIAL QUESTIONS GENSLER

“The choice of Gary Gensler to lead the Commodity Futures Trading Commission, which regulates futures contracts, is more troubling.

Mr. Gensler, a former investment banker from Goldman Sachs, one the biggest brokers of commodities, was an assistant Treasury secretary under President Bill Clinton. In 2000, he oversaw the drafting of legislation that exempted derivatives from oversight by the federal commodity regulator, including the viral credit default swaps that have amplified the current crisis. Swaps and other derivatives must be regulated. The country needs an exchange where they are openly traded and subject to the full range of regulatory scrutiny.

Ultimately, new laws for trading derivatives must be enacted by Congress, but the input of the main regulator of the commodity exchange will be important in writing and implementing the laws. Where does Mr. Gensler stand? How do his close ties to Wall Street affect his choices, his sense of what is right and what is needed?”  Click here for the entire NYT editorial.  [ICPA]

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60 MINUTES PIECE ON SPECULATION

This Sunday, CBS News’ 60 Minutes program will air an investigative piece on financial speculation in the energy commodities markets and its role in the record-breaking run-up in energy prices experienced last year.  NEFI’s Immediate past Chairman of the Board Sean Cota , who has testified on this issue on behalf of NEFI and its members before the U.S. Congress and federal regulators, was interviewed for this piece.  Dan Gilligan, President of the Petroleum Mark eters Association of America (PMAA), Prof. Michael Greenberger and others were also interviewed.  It is unclear if one or all of the interviews will actually make it into the final piece when aired.

60 Minutes airs this Sunday night, January 11th at 7pm ET/PT.

Description from website:

http://www.cbsnews.com/stories/2009/01/08/60minutes/main4707770.shtml

Preview Video #1 (issue background)

http://www.cbsnews.com/video/watch/?id=4708028n

Preview Video #2 (feat. Dan Gilligan from PMAA)

http://www.cbsnews.com/video/watch/?id=4708861n

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UL PROVIDES QUALIFIED B5 APPROVAL

A technical review by Underwriter’s Laboratories (UL) has found no adverse safety issues from using biodiesel blends up to B-5 in consumer product equipment designed to run on unblended heating oil or diesel fuel. However, UL found such use may lead to problems with equipment performance. It is on this latter score, where UL questions equipment performance, that the "qualified" approval provides room for immediate difficulty to some marketers and their downstream efforts to market the fuel. Obviously, operational and maintenance issues are paramount to retailers and consumers enthusiasm for the new product.

UL will not conduct special investigations on the compatibility of B5 blends with consumer product equipment. As far as UL is concerned, such use is “safe.” The bad news is that UL raises the specter of equipment performance problems when using B5 blends. Fortunately, UL does not make recommendations or certifications based on non-safety related performance issues.

NEFI Compliance Bulletin may be read here.

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UPDATES TO THE FEDERAL FAMILY AND MEDICAL LEAVE ACT LAW - FOR EMPLOYERS OF 50 OR MORE EMPLOYEES

On November 14, 2008, the U.S. Department of Labor issued new Family and Medical Leave Act (“FMLA”) regulations. The new regulations provide direction concerning “qualifying exigency” and “service member” leaves which were added to the FMLA as a result of amendments in January 2008, and also provide significant clarification in a number of other areas. The new regulations are effective January 16, 2009. Please click HERE for an outline of the changes in this federal law.

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2009 FEDERAL MOTOR FUEL EXCISE TAX RATES

This updated list of federal tax rates is effective January 1, 2009. Petroleum marketers who collect and remit federal motor fuel excise taxes must use these rates where applicable. To access this list click HERE.

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For more information contact Gene at gene@icpa.org or call ICPA toll free at 1-866-521-ICPA


Answering Services - MAP Communications ICPA members know that finding a high quality, reliable answering service isn't easy.  ICPA's Member Services Committee has made the search simpler as it did the heavy lifting and has endorsed a national service based in Virginia . MAP has been extensively tested by oil dealers in Connecticut and can provide services customized to our industry. The committee was particularly impressed by MAP’s excellent service provided by their operators, and by their extensive technology capabilities.  As an endorsed vendor, they will offer a 5% discount off their regular rates to ICPA members.

Contact:   Don Thaler, V.P. of Sales

420 Lexington Avenue, Suite 430, New York, New York 10170

Phone Toll Free 1-800-280-4206

e-mail dthaler@mapcommunications.com

website: http://www.mapcommunications.com/

For more information contact David Chu at chu@icpa.org  or call ICPA toll free at 1-866-521-ICPA

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PRICES CORRECTED TO THE BTU EQUIVALENT OF HEATING OIL

http://icpa.org/protect/degreeday.htm

DPUC/Yankee Natural Gas $2.75
DPUC/Connecticut Natural Gas $2.40
DPUC/Southern Connecticut Natural Gas $2.53
DPUC/Connecticut Light & Power $7.44
OPM/Propane Statewide Average $3.87
OPM/Heating Oil Statewide Average $2.34
Wood Pellets* $2.65

*At $310 per ton, delivered, premium pellets with less than 5% moisture content


Heating Degree Days Since July 1st from Bradley Airport

Actual Since 7/1/08 2542
30 Year Average 2607
Last Year At This Time 2381

For more information contact Gene at gene@icpa.org  or call ICPA toll free at 1-866-521-ICPA

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ITEC's Newsletter is found at

ITEC NEWSLETTER - December 15, 2008


10 Alcap Ridge, Cromwell, CT  06416                

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