From: WPMA
To: Dean Sanpei,
Subject: WPMA Weekly Update - Friday, February 14, 2014
Date: Fri Feb 14 17:42:18 MST 2014


Weekly Update Header

February 7, 2014                       Visit us online at                            WP-02-07-14





The WPMA offices will be closed the week of February 17 thru February 21 for our 2014 WPMA Convention and Convenience Store Expo.  There will be no WPMA Weekly Update sent out on Friday, February 21.  We hope to see you at the convention.



The time is fast approaching when the WPMA scholarship recipients for 2014 will be selected. March 1, 2014 is the cut-off date for applications to be postmarked and mailed to the WPMA office. Usually, there are less than 20 applicants for each WPMA state scholarship and the associate member scholarship, which makes the chances of receiving a scholarship very good. Applicants must be graduating high school seniors, and the son or daughter of a full-time employee of a WPMA member or associate member company. Applicant qualification information and the scholarship applications and are available to download at  


Scholarship applications are also available from the WPMA office by e-mailing and requesting an application. As a reminder, the WPMA scholarships pay $500 per semester for up to eight semesters to the recipients, for a total of $4,000. Employers, please remind your employees to request or download an application right away, and give their students a chance for some extra financial help in college! 



Petroleum retailers secured another major win responding to litigation challenging retail industry practices that do not compensate for fuel temperature. Earlier this week plaintiff's lawyers dismissed claims against 15 retailer defendants. Fuel retailers and some refiners have been sued in a class action lawsuit claiming that gas stations overcharge for fuel because pumps lack automatic temperature compensation (ATC) devices. The lawsuits claimed that selling fuel unadjusted for temperature was a "deceptive practice."


At the time the lawsuits were initiated, there were no state governments that allowed retailers to sell motor fuels temperature adjusted, therefore, the case had no merit but that did not deter the plaintiff lawyers. Thankfully the facts are now more fully understood and setbacks to the plaintiffs are becoming more common. In July 2013, a federal judge in Kansas threw out three cases against Chevron Corp. ruling that California law allows Chevron to sell fuel without making adjustments for temperature. U.S. District Judge Kathryn Vratil granted Chevron summary judgment on class-action claims that consumers overpaid for fuel that expanded because of temperature. In Sept. 2012, a Kansas jury also found in favor of three major gasoline retailers. 


Earlier this week, PMAA signed the Commodity Markets Oversight Coalition (CMOC) letter, which was sent to the CFTC in support of a position limits proposed rule that would cap the number of futures contracts a speculator can hold in the NYMEX Light Sweet Crude Oil (CL), NYMEX RBOB Gasoline (RB) and the NYMEX NY Harbor ULSD (HO) contracts.

The new position limits proposed rule was released in light of the CFTC dropping its appeal on its initial position limits rule which was vacated by the U.S. District Court of DC. Congress gave the CFTC the authority to set position limits to prevent investment banks, hedge funds and other financial entities from having too much concentration in the oil markets.

Currently, the oil futures markets are made up of more than 80 percent for purely speculative interests rather than for hedging fuel costs. The new proposed rule would limit traders to 25 percent of deliverable supply in the month when a futures contract matures. The spot-month limits apply separately to physically settled and cash-settled contracts known as the conditional spot month limit. Traders would be permitted to hold cash settled contracts equal to five times deliverable supply as long as they stay out of the physical-delivery spot-month contract for the same commodity. For future months, the caps limit traders to 10 percent of the first 25,000 contracts of open interest and 2.5 percent of amounts beyond that.

Although CMOC was generally supportive of the position limits proposed rule, the letter argued that a finalized position limits rule should prohibit the creation of a conditional spot month limit exemption. Cash-settled and physically-settled contracts are economically equivalent and have the same impact on price discovery, therefore, the cash-settled contract should be treated the same as the physically settled contract. The letter also argued that the spot month limit of 25 percent of estimated deliverable supply is set too high and would not effectively diminish excessive speculation. Finally, the letter urged the Commission to reject a hedge exemption proposal for commodity index funds. These funds should be limited in scope since they have little regard for real world economic indicators and only serve as an investment tool tool rather than actually providing real liquidity to the futures market.

Click here ( to view CMOC's comments.



This week Tom Donohue, President of the U.S. Chamber of Commerce, told Congress that increasing the gas tax is the best way to strengthen the Highway Trust Fund and develop the Nation's infrastructure. 


Donohue also reported to members of the Senate Environment and Public Works Committee that the Chamber supports H.R. 3636, the Update, Promote, and Develop America's Transportation Essentials Act, that would raise the gasoline excise tax to 33.3 cents per gallon.




Within the next week Senator Mary Landrieu (D-LA) will assume Ron Wyden's (D-OR) role as Chair of the Energy and Natural Resources Committee, while Wyden will move to chair the Finance Committee filling the spot vacated by Max Baucus's (D-MT) appointment as ambassador to China.


In taking the lead position on the Energy Committee, Landrieu will join her longtime friend and Committee Ranking member Lisa Murkowski (R-AK). The two, who represent top oil-producing states, are likely to redirect the committee agenda and boost industry priorities like expanded oil exports. Although Democrats control the Senate and many will not want to support legislation that will disappoint their environmental allies, the new energy committee leadership could jump-start issues that could move in 2015 with a new Congress.




The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has extended through March 1, 2014, current hours-of- service waivers effective in the Midwest, South and East Coast regions. The waivers are limited to pick-up and deliveries of heating oil, and propane. The DOT regional waivers were set to expire on February 11, 2014. However, extreme cold weather conditions have caused shortages and interruptions in the availability of heating oil and propane supply in these areas. As a result, drivers require more time behind the wheel to obtain adequate supply for delivery to both commercial and residential customers. U.S. DOT hours of service regulations apply to all interstate CDL drivers as well as intrastate CDL drivers hauling hazardous materials including petroleum products. 



Midwest: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin, North Dakota and South Dakota. 


Northeast: Connecticut, District of Columbia, Delaware, Massachusetts, Maryland, Maine, New Jersey, New Hampshire, New York, Pennsylvania, Rhode Island, Virginia, Vermont and West Virginia. 


Southeast: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. 





  • Drivers must keep in their possession a current copy of the regional waiver covering the area in which they operate.  
  • he regional waivers expire at 11:59 PM on March 1, 2014. The waivers may expire earlier upon declaration by the U.S. DOT that emergency conditions in the affected regions no longer exist.
  • The regional waivers apply to Title 49, Parts 390-399 of the Code of Federal Regulations - including the federal driver hours of service regulations. However some of these requirements are not waived including driver drug and alcohol regulations. See the limitation and restriction section of the applicable regional waiver for a full list of Parts 390-399 that are not affected by the waiver.
  • Drivers who use hours of service log books must put the words "Emergency Declaration" in the comments section to show that hours of operation were made in support of emergency assistance.
  • Once the emergency declaration expires, drivers must return directly to their principal place of business with cargo tanks empty. After the driver returns at the end of the waiver period, all hours of service requirements apply including mandatory off duty periods prior to restart of the work week.  


Click here ( to download copies of applicable regional waivers.    



Register now to attend the 2014 WPMA Convention and Convenience Store Expo. It will be held at the Mirage in Las Vegas, Nevada. Mark your calendars for February 18-20, 2014.

Register at:



May 8-9, 2014  - NPM&CSA Big Dogs event - Red Rock Hotel & Casino Las Vegas, Nevada

June 3-5, 2014 - MPMCSA Convention - Hilton Garden Inn - Missoula, Montana

June 16-19, 2014 - WOMA Convention - Suncadia Lodge - Cle Elum, Washington

August 6-8, 2014 - IPM&CSA Convention - Coeur d'Alene Resort - Coeur d'Alene, Idaho

August 19-20, 2014 - NMPMA Convention - Marriott Pyramid North - Albuquerque, New Mexico


Petro Pete:  "What was the best thing before sliced bread?"


© 2014 Western Petroleum Marketers Association - All rights reserved. No part of this work may be reproduced or copied in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, or otherwise. The information herein is also intended for the sole purpose of members of the Western Petroleum Marketers Association (WPMA). Any other use is strictly prohibited without the express written consent of the WPMA.


If you do not wish to receive information via fax or e-mail, please contact WPMA at: (801) 263-9762, Fax: (801) 262-9413, or e-mail: . Thanks. 








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Great opportunity for someone to join the team at Kellerstrass Enterprises in our Salt Lake City office. Looking for someone to assist the office manager in taking care of the daily operational needs. This person would need to be able to input orders into our accounting system. Answer phones with a pleasant attitude and take care of customers as they walk into the facility. Understanding of the billing process would be helpful. Knowledge of the oil and gas industry a plus.


 A self-starter, energetic individual that can meet company deadlines and multi task through the day. Able to work in a warehouse environment. Knowledge of excel and ability to sit and work on a computer.   Medical, Dental Insurance, 401 K when eligible and Personal Time Off benefits included.


If interested, please fax a resume or email to:

FAX: 801-392-9589 Attention Ryan Murdock/Delinda Huffaker



Private Investigative Services

A licensed private investigator since 2005, I have over 24 years of investigative experience, with 15 1/2 years in law enforcement, investigating cases ranging from missing persons to homicide. I have experience investigating high profile cases, and have received several accolades and awards for my investigative work, including a nomination for "Top Cop in Nevada."  


 I have worked a variety of cases, including background checks, family court cases, Class Action lawsuits, locating people, asset searches, defense investigations, sexual harassment lawsuits, and hostile work environment lawsuits.  I am qualified and have testified as an expert witness in child abuse and sex-related crimes investigations in federal, district, family and justice courts.  I would be useful regarding corporate investigations; including but not limited to employee theft, misconduct, sexual harassment, hostile work environment, finding people, evidence identification/collection, forensic interviewing, asset investigations, and background checks. 


For more information or to request my resume, please contact:


Kristine L. Mautner



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