Pull the Plug on Electric Water Heaters see pages 11 thru 13 Rinnai

Pull the Plug on
Electric Water Heaters
see pages 11 thru 13
Georgia Propane
Gas Association, Inc.
Rinnai Rebate ~ page 25
VOL 17
NO 3
Sunbelt Expo Coming Soon ~ October 20 - 22, Moultrie, GA
Progress Being Made on Potential State PERC
NPGA Scholarship Information on page 27
Christmas Luncheon December 3rd at Petite Auberge
register online at www.georgiapropane.org ~ upcoming events
Georgia Propane Marketer
Dates to Remember
Georgia Propane
Gas Association, Inc.
DATE
EVENT
DESTINATION
March 9, 2016
HM126F
Macon, GA
March 15-17, 2016
Board Meeting
Lake Blackshear
March 30, 2016
CEU Catch up
Macon,GA
April 8-10, 2016
NPGA SE
Music City Center,Nashville, TN
May 3, 2016
District Meeting Accident Documentation
Tifton, GA
May 4, 2016
District Meeting Accident Documentation
Macon, GA
May 5, 2016
District Meeting Accident Documentation
Dalton, GA
May 11, 2016
Serviceman’s Training
Macon, GA
May 17-19, 2016
CETP-4.1-Exterior
Macon, GA
May 22, 2016
Presidential Forum
Hyatt Capitol Hill
May 23, 2016
NPGA Board Meeting
Hyatt Capitol Hill
May 24 & 25, 2016
Propane Days
Hyatt Capitol Hill
June 8, 2016
HM126
Macon, GA
June 9, 2016
MTST-CSR Training
Macon, GA
June 15&16, 2016
CETP-Basic Principles
Macon, GA
CIRCULATION:
Rates based on controlled
circulation to GPGA membership.
July 6-8, 2016
CETP-Bobtail Delivery
Macon, GA
August 9-11, 2016
CETP4.2-Interior
Macon, GA
ADVERTISING PROVISOS:
A contract or agreement may be
discontinued at any time by
giving 60 days notice in writing.
All copy subject to the approval
of the publisher. Publisher
reserves the right to reject any
objectionable copy or to terminate
any advertising contract or
agreement at any time.
August 14-16, 2016
Southern Connection Convention
King & Prince
August 22-24, 2016
GurleyBob Golf Tournament
Brasstown Valley
September 7, 2016
HM126
Macon, GA
September 28&29, 2016
GPGA Board Meeting
Amicalola Falls
October 18-20, 2016
Sunbelt Ag Expo
Spence Field, Moultrie, GA
December 7, 2016
Christmas Luncheon
???????
table of contents
advertisers
Dates to Remember...............................................3
Bagwell Insurance Group................................. 7
C&R Fleet Services......................................... 21
Coastal Energy............................................... 15
Crestwood....................................................... 20
CUI.................................................................. 23
Enterprise........................................................ 28
Gardner Marsh................................................ 24
Gas Equipment............................................... 20
MARJO.............................................................. 5
MTank Supply................................................. 15
Rutherford....................................................... 19
Tri-State Distributors....................................... 27
PERC News..............................................................4
GurleyBob Tournament............................................6
Poultry Bio Security Seminar Pix............................ 8-9
Message from the President.............................10
Pull The Plug................................................... 11 -13
NPGA News.......................................................14
Young Gassers Committee..................................18
Legal Matters.....................................................22
Rinnai Rebate.....................................................25
NPGA Scholarship Info........................................27
officers
Tommy Busbee, Macon...........................................President
Mark Dmochowski, Sandy Springs.................President-Elect
Raleigh Garrett, Milledgeville...........................Vice President
Pete Cates, Waynesboro..........................................Treasurer
Jenni McKeen..........................................................Secretary
directors
Larry Stocks, Dalton............................................................. District 1
Bob Hetzler, Newnan........................................................... District 2
Raleigh Garrett, Milledgeville............................................... District 3
Dale Brown, Cordele............................................................ District 4
Hank Stacy, Hinesville......................................................... District 5
Steve Pearson, Woodstock................................... Regional Director
Mike Franklin, Sandersville.................................... Regional Director
Darrell Whatley................................ Governmental Affairs Chairman
James Harris........................................................... Alternative Fuels
Rhett Lyons..................................................................4-H Chairman
Raleigh Garrett................................................Convention Chairman
Mike Davis - Interim........................... Education & Safety Chairman
Mike Franklin.......................................... Marketing/PERC Chairman
Pete Cates........................................................... Finance Chairman
Johnny Patrick..................................................Regulatory Chairman
Liz Follman.................................................... Membership Chairman
Dan Richardson........................................................... State Director
Gary Whitmore........................................................ Supplier Director
Dan Richardson....................................... Immediate Past President
Mike Davis...............................................................At Large Director
Bill Moore.............................................................. Sunbelt Chairman
SUBSCRIPTION, BILLING & ADVERTISING INFORMATION
GEORGIA PROPANE GAS ASSSOCIATION, INC.
1205 Johnson Ferry Road, Suite 136-453
Marietta, Georgia 30068-4375
(770)-645-8677 Fax: (770)-645-8748
[email protected]
PAGE 2
notice
As the official publication of the
Georgia Propane Gas Association, the
Georgia Propane Marketer carries authentic
notice pertaining to the activities of the Association.
In other respects, the statements of fact and
opinion are made on the responsibility of the authors
alone, and do not imply an opinion on the part of
the Board of Directors, the Officers or the
Association membership or Management.
advertising
GPGA MARKETER
GPGA MARKETER
PAGE 3
PERC NEWS
A
MARJO
t the board meeting at Amicalola Falls, Mark Dmochowski gave a presentation on the
survey results for a potential State PERC. The response rate was amazing. Jenni gave 104
specific contact names and numbers to Mastio & Company (our vendor for the verbal survey).
Of that 104, 92 people actually took the survey and the response rate was 92% in favor of
implementing a State PERC.
CARGO TANK INSPECTIONS
FULL MOBILE SERVICE
There is a lot more work to be done on the process now that the survey is complete. There
are three primary concerns with which the task force must tackle:
1. Excessive Bureaucracy
2. Program Selection
3. Additional Assessment
Each survey carries approximately the same weight of concern. Amazingly, of the 92% in
favor of a state PERC, 82% would actually write a letter to their legislator asking them to
support our effort.
The task force’s next step will be to meet prior to the March board meeting to layout a proposed structure for a Georgia State PERC and set priorities for its functionality. Everyone is
encouraged to attend the March meeting at Lake Blackshear to be sure you are appropriately
informed about the program’s progress.
With respect to our future funding for 2016, the news is not so great. Due to a reporting error
to API, our funding has been cut by $60,000 this year. Thus, we only have $144,000 in PERC
funds to carry out our programs. Those programs are:
1. Safe Appliance Rebates ($70,000)
2. Safety & Training Classes ($55,000)
3. Sunbelt ($7,500)
4. Convention Seminar ($5,000)
5. Foundation Costs ($6,500)
Black Light Testing, Meter Proving,
Bulk Plants, Pumps, Meter Repair,
PERC has notified us that in light of the lifting of the Department of Commerce restriction on
Consumer Education, the Partnership with States Program will continue. This program will
bring matching dollars to our state, but the amount is uncertain at this time. In the past it was
in the $50,000 range, but due to the decrease in our overall funding, it will be substantially
reduced as well.
VK & Hydrostatic Testing
It is imperative that everyone complete their API reports accurately and send them to API as
soon as they receive them. The forms are mailed/emailed in May of every year. Our allocation
is based on every company’s numbers reported to them. PERC does not get a breakdown by
state to whom a supplier has sold odorized gallons.
Gene Adcox
PAGE 4
GPGA MARKETER
Licensed, Bonded and Insured Over
20 Years in the Propane Industry
706-833-3122 office◊706-955-7412 fax
[email protected]
GPGA MARKETER
PAGE 5
GURLEYBOB 2015
THIS YEAR THE GurleyBob TOURNAMENT WAS ANOTHER GREAT TIME!
We had a total of 86 golfers over the two dates and everyone seemed to like the changed agenda. Our early dinner
on Monday night was prepared by Bill Moore & Jenni McKeen at the Rhododendron Cabin. There was Corn Hole
and great fellowship.
out. Once everyone had totally gorged on a great meal, we
had our Calcutta and Auction, both of which were a
great success.
Thanks so much to all of our hole sponsors and participants. We couldn’t have done it without you. Next year we
On Tuesday we played golf in the morning and then had will be back at Brasstown Valley August 22-24 with the
a great time out around the pool. We started with a cook- same format.
PAGE 6
GPGA MARKETER
GPGA MARKETER
PAGE 7
2015 Poultry Bio Security Seminar at Board Meeting
Mike Giles
Executive Director
Georgia Poultry Federation
GPGA President
Message from the President…
AMERICA’S HOMES DESERVE BETTER.
Tommy Busbee
This is my first letter as your President of the GPGA, so I would like to take this time to introduce
myself. I am Tommy Busbee Owner/President of Evergreen Propane. I have been around propane since
I was knee high to a grasshopper. Back in the days when a kid, I rode along in the bobtail with my Dad.
I officially started working in the industry when I was 18, working part time wherever and whenever needed.
Soon I learned service, became a route driver and from there moved into management. After 26 years of
working for a private and then corporate owned company, the time came for me to branch out. In July 2012
I opened Evergreen Propane which has now grown to 5 locations. Saying this, I want you to know that
Propane is second nature to me as it is for many of you. We pray and depend on those cold winters! We
also depend on connections we make in the GPGA. I would like to encourage you take advantage of what
the Georgia Propane Gas Association has to offer you, attend meetings and the events, make connections.
It is nice to know you have a fellow comrade that can lend an ear, hand or voice. Also I would like to let you
know that Iam available to you, to hear your concerns and/or ideas. Feel free to email me at
[email protected] or call 478-283-2549.
Our fall board meeting was held at Amicalola Falls and was well attended. This being a new location
we were able to change up our activities a bit. Thanks to Bill Moore and Jenni McKeen for great dinners on
Tuesday and Wednesday nights. A special treat was Steve Brannon of the Department of Agriculture’s
Bluegrass band who entertained us prior to dinner on Wednesday night.
THEY DESERVE
PROPANE.
Electric water heaters have been the standard for many homes — but now,
it’s time to pull the plug. Establish propane as the smart choice for customers by
using the Pull the Plug on Electric Water Heaters campaign tools and strategies
developed by the Propane Education & Research Council.
TAKE ACTION TODAY.
DO YOU KNOW WHICH OF YOUR CUSTOMERS
HAVE ELECTRIC WATER HEATERS?
YES
Survey your customers
to find out.
Speaking for the GPGA as a whole, I would like to express our gratitude to Dan Richardson the
immediate past president for all of his hard work and dedication to the GPGA. He continues this dedication
as the GA state director for the NPGA.
Important reminder: Sunbelt AG Expo in Moultrie, GA is coming up, October 20-22, 2015. If you
have not signed up for this yet and wish to, please contact myself, Jenni McKeen or Bill Moore. This is a
great way to promote Propane and its benefits. People come from all over the Southeast to this expo. So
great chances are, you can meet potential customers from your own backyard.
Don’t forget our annual Christmas Luncheon December 3 at Petite Auberge at Toco Hills in Atlanta.
This is a fun event with good food, fellowship and door prizes. Registration is now open on our website
at www.georgiapropane.org under the upcoming events tab.
In closing I leave you with hopes and prayers that El Nino Winter predictions and history will ring
true and we will have a cold, wet winter. God bless you and thank you for your support. I look forward
to working with you all toward a successful year.
NO
YES
Attend local homeowners’
events and other association
meetings.
Download and share the consumer materials available on propanemarc.com.
BROCHURES
FACT SHEET BUNDLE
Include your business card in
each brochure, and distribute
them on deliveries, as bill
stuffers, or at local events.
Download and share
the fact sheet for your
climate location.
AD TEMPLATE
Customize this piece and
place it in your newsletter
or local newspaper.
RESOURCES
Sincerely,
Tommy Busbee
PAGE 10
NO
ARE YOU IDENTIFYING NEW CUSTOMERS?
DO YOU HAVE CONNECTIONS WITH
PLUMBERS AND/OR HVAC CONTRACTORS?
YES
NO
Network with local
professional organizations
to build relationships for
the future.
Tell them about the course “Residential
Water Heaters Under the new 2015 Federal
Standards” on propanetrainingacademy.com.
Emphasize that those who take the course by
December 1, 2015, could win a $250 gift card.
FOLLOW UP
It’s important to revisit with customers
and keep propane top of mind. In light of
the new NAECA standards, it’s also a
great time to show them the video on
KnowYourWaterHeater.com.
Resources to share with customers: propanemarc.com
Water heater online course: propanetrainingacademy.com
Water heater online resources: KnowYourWaterHeater.com
5084-FL-14
GPGA MARKETER
GPGA MARKETER
PAGE 11
IT’S EASY TO START ENJOYING
BETTER HOT WATER.
PULL THE PLUG ON YOUR ELECTRIC WATER HEATER,
AND DISCOVER THE BENEFITS OF A PROPANE MODEL.
When you install a new, energy-efficient propane water heater,
you’ll use less energy, save money, and reduce your carbon
footprint. Don’t wait to switch — install a propane model soon
to avoid the wasted energy and high costs of your older, less
efficient unit.
Call us today to discuss which propane model is best for your
family and learn how much you could save.
!
PAGE 12
GPGA MARKETER
GPGA MARKETER
National water heater standards have changed: is it time to pull the
plug on your old water heater? Find out! Take our quiz and watch a short
video at KnowYourWaterHeater.com.
PAGE 13
NPGA NEWS
MTankCo Supply, LLC
7074 302 Industrial Dr. | Southaven, MS 38671
ph 800.235.3528 | fax 662.349.1346
MTankCo.com | [email protected]
2016 DUES INVESTMENT
MEGR-1232E
NPGA continues working every day towards achieving the goals outlined in our Vision 2014 strategic plan. The dues from
the past two years have been wisely invested to fund the Smart Communications and Enhanced Agency Outreach plans,
which resulted in many legislative victories including:
•
MEGR-1222H is the
Industry’s First Compact
First Stage Domestic
Regulator F. POL x 1/2”
FNPT outlet
•
MEGR-1642 Side Outlet
Second Stage Domestic
Regulator, , 3/4”FNPT x
3/4” FNPT
•
MEGR-1232E Integral
Two Stage 2 PSI
Service Regulator,
F. POL x 1/2” FNPT
MEGR-1642
Home Heating Emergency Assistance Through Transportation Act of 2014 (HHEATT Act)
Reliable Home Heating Act
Propane Education and Research Enhancement Act of 2014
Excise tax equalization provision, which permanently reduces the tax rate on propane autogas
We all see our expenses increase on an annual basis, and we all work towards more efficient budgets. Cutting expenses
makes good business sense, but it’s not enough to continue making progress towards our goals. To meet NPGA’s everyday cost escalations associated with rent and other annual operational increases, and continue the work of Vision
2014, the Executive Committee approved a 3% increase in the 2016 dues investment schedule. For most marketers, the
increase adds $15 to their annual dues.
•
•
2016 NPGA DUES INVESTMENT SCHEDULE
FIRST
S
’
Y
STR
TAGE
MEGR-1222H
INDU T POL FIRST SR
C
O
COMPA IC REGULAT
ST
DOME
Your FULL LINE equipment distributor offers the newest
MEC
Regulators.
Marketers
Zero to 2 bulk plants or headquarters..................................................................................................... $498
3-5 bulk plants (additional combined price)............................................................................................. $270
Greater than 6 bulk plants (per bulk plant).............................................................................................. $256
Producer/Broker or Wholesaler of LP-Gas.....................................................................
Small 1-2 States................................................................................................................................... $1,352
Medium: 3-6 States.............................................................................................................................. $3,560
Regional: 7-12 States...........................................................................................................................$7,118
Large: 13+ States$ 17,795
Suppliers Schedule 1......................................................................................................................
Less than $2.5 million........................................................................................................................... $1,352
Over $2.5 - $5 million........................................................................................................................... $3,560
Over $5 - $7.5 million............................................................................................................................$7,118
Over $7.5 - $10 million....................................................................................................................... $14,236
Over $10 million................................................................................................................................. $17,795
Suppliers Schedule 2......................................................................................................................
Less than $2.5 million........................................................................................................................... $1,352
Over $2.5 - $5 million........................................................................................................................... $2,135
Over $5 - $7.5 million........................................................................................................................... $3,560
Over $7.5 - $10 million......................................................................................................................... $4,982
Over $10 million................................................................................................................................... $5,695
International.................................................................................................................................. $357
Retired ....................................................................................................................................... $142
MLP Multistate Marketers’ dues investment will be allocated by the percentage of retail gallons sold reported in
the SEC 10K filing.
NPGA News continued on page 16
PAGE 14
GPGA MARKETER
Clint Land - 912.658.3800 - [email protected]
Don Johnson - 352.750.6574 - [email protected]
Chris Robinson - 912.222.4029 - [email protected]
Wade Johnson - 770.722.4045 - [email protected]
Howard G. (Major) Boone - 770.578.7686 - [email protected]
GPGA MARKETER
PAGE 15
NPGA News continued from page 14
NPGA NEWS
FMCSA DEVELOPS WEB - BASED
TRAINING COURSE ON DETECTING
LEAKS FROM NATURAL GAS
AND PROPANE COMMERCIAL
MOTOR VEHICLES
The Federal Motor Carrier Safety Administration (FMCSA) has
developed a training course on leak detection in commercial motor vehicles (CMVs) where the vehicle itself is fueled by natural
gas or propane. A defect in a safety-critical system, such as a
leak in the fuel system, can be grounds for placing a vehicle out
of service. The objectives of the course are to identify vehicles
powered by propane, become familiar with its unique characteristics and leak properties, list the major components of the fuel
system and the places most likely to leak, detect fuel leaks, and
know what to do if a vehicle has a fuel leak.
This course was designed by FMCSA for CMV inspectors, and
NPGA was not involved in its development. However, we are forwarding this information as its content may be useful to owners
or operators of propane CMVs.
The course is available at http://infosys.fmcsa.dot.gov/Leak_
Detection/story_html5.html, is approximately 2 hours in length
and includes two modules with content, graphic displays, and a
video demonstration of selected combustible gas detectors. The
training application functions optimally when viewed in Google
Chrome or Safari.
The Federal Motor Carriers Safety Administration (FMCSA)
granted an Hours of Service (HOS) exemption advocated by
NPGA. The American Trucking Association proposed a modification to FMCSA regulations in order to streamline corresponding
behavior requirements for drivers traveling long distances and
hazardous materials transportation regulations from the Pipeline
and Hazardous Materials Safety Administration (PHMSA). The
exemption allows drivers transporting hazardous materials to
count the on-duty attendance time required by PHMSA toward
the 30 minute rest break requirement of FMCSA.
quirement. Previously, FMCSA prohibited further driving if more
than eight consecutive hours have passed since the driver’s last
off-duty or sleeper-berth period of 30 minutes or more. In conflict,
PHMSA requires drivers to attend cargo while the transportation
vehicle is stopped, which FMCSA considered an on-duty activity. NPGA applauds FMCSA’s adoption of the exemption as an
efficient correlation between agency regulations that maintains
the safety of drivers and hazardous materials. NPGA continues
efforts with the American Trucking Association for permanent
adoption of the exemption.
BONUS DEPRECIATION
BILL PASSES COMMITTEE
Today, the House Ways & Means Committee passed H.R 2510,
a bill to extend bonus depreciation and make it permanent.
One of the expired “Tax Extenders,” bonus depreciation allows
businesses to deduct 50 percent of qualified purchased property
immediately. Bonus depreciation was first enacted in 2002,
and has since been subject to several extensions. However,
it expired at the end of last year and still needs to be extended
for 2015.
Extending bonus depreciation is one of NPGA’s tax priorities. In
June, NPGA sent a letter of support for H.R. 2510 to the bill’s
sponsor, Rep. Pat Tiberi (R-OH). As cited in the letter, bonus
deprecation helps our member companies to invest in new
equipment for their businesses. This frees up capital and allows
for further growth within the industry. NPGA remains hopeful that
H.R. 2510 will soon be considered by the whole House of Representatives and continue to move toward enactment.
A copy of the letter of support for H.R. 2510 can be viewed on the
next page. (Page 17)
The Honorable Pat Tiberi
U.S. House of Representatives
1203 Longworth House Office Building
Washington, DC 20515
Representative Tiberi:
On behalf of the National Propane Gas Association (NPGA), I write to thank you for
introducing H.R. 2510, which would amend the Internal Revenue Code of 1986 to modify
and make permanent bonus depreciation. NPGA strongly supports this legislation and
greatly appreciates your leadership on this important issue.
NPGA is the national trade association of the propane industry, having a membership of
about 3,000 companies, with 38 state and regional associations representing members in
all 50 states. Our membership includes companies engaged in the retail marketing of
propane gas and appliances; producers and wholesalers of propane equipment;
manufacturers and distributors of propane gas appliances and equipment; fabricators of
propane gas cylinders and tanks; and propane transporters. While NPGA’s membership
covers a broad cross-section of categories, more than 90 percent are designated as small
businesses.
H.R. 2510 would help our member companies have better access to capital, invest in new
facilities, and create American jobs by permanently extending 50 percent bonus
depreciation – i.e., allowing businesses to deduct immediately, or “expense,” half of the cost
of new equipment purchases. I commend your goal in creating a pro-investment tax
climate that will spur much needed economic growth and jobs and provide a bridge to
broader tax reform.
This type of common sense economic growth legislation will help the United States create
jobs and invest in the future. NPGA strongly supports H.R. 2510 and we thank you for your
leadership in this area.
NEW HOURS OF SERVICE
EXEMPTION PROVISION
STREAMLINES REGULATIONS
Sincerely,
Richard Roldan
President & Chief Executive Officer
National Propane Gas Association
The new exemption takes effect on August 21, 2015 and expires
on August 21, 2017. Under the new exemption, FMCSA will accept the PHMSA required attendance time toward the 30 minute
rest break if, and only if, the driver is not performing any other
work duties while attending the stopped transportation vehicle.
The proposal does not impact the requirements of FMCSA on
short-haul drivers in the propane industry because short-hauls
are subject to an exemption from the 30-minute rest break rePAGE 16
June 30, 2015
GPGA MARKETER
GPGA MARKETER
PAGE 17
Propane
Gas Association
GeorgiaGeorgia
Prop
ane
Gas
Association
Georgia Propane Gas Association
Young Gassers Committee
Gassers
YoungYoung
Gass
ers Committee
Com
mittee
Georgia Young Gasser “Get Involved
Program”
GeorgiaGEORGIA
Young
Gasser
“Get
Involved
Program”
YOUNG
GASSER
“GETtoINVOLVED
PROGRAM”
The Georgia Young Gasser
“Get Involved
Program”
is developed
sponsor and fund
the
gia Young Gasser “Get Involved Program”
attendance
younger
industry
professionals
to a Georgia
Propane
Gas Association
The GeorgiaofYoung
Gasser
“Get Involved
Program”
is developed
to sponsor
and fundfunction.
the
We
are looking
to expose
our future
leaders totothe
benefitsPropane
of GPGA!
attendance
of younger
industry
professionals
a Georgia
Gas Association function.
We
are
lookingmust
to expose
our
future
leadersWe
towould
the benefits
GPGA!
candidate
be
than
40 years.
prefer
the
individual
someone
GasserThe
“Get
Involve
d less
Program
” is develo
pedofthat
to
sponso
r be
and
fund the
that
is in a position
future
GPGA meetings.
The candidate
mustto
beattend
less than
40 years.
We would prefer that the individual be someone
ger industr
y
profess
ionals
to
a
Georgi
a Propane Gas Association function.
that is in a position
to attend
future
GPGA
meetings.
Event:
2016 Spring
Board
Meeting,
March
16-17, Lake Blackshear, GA
xpose our
Event:future
2016leaders
Spring
Board
Meeting,
March
16-17,
Lake
Blackshear,
GA including
the
benefit
s toof
GPGA!
Details:
Expenses
paid
forto
the
selected
applicant
attend
the meeting,
Details:
registration
fees,
and meals.
Expenses paid
forlodging
the selected
applicant to attend the meeting, including
40
years.fees,
We
would
prefer that the individual be
registration
lodging
and meals.
be less than
o attend
future
GPGA
meetin
To register,
please
fill out the
followinggs.
information:
someone
To register, please
fill out the following information:
Name:
___________________________________________________________
pring Board
Meetin
g, March 16-17, Lake Blackshear, GA
Name:
___________________________________________________________
Company
___________________________________________________________
Company
___________________________________________________________
es paidPosition
for the___________________________________________________________
selected applicant to attend the meeting, including
Position
___________________________________________________________
Age
________
of hire____________________
tion fees,
lodging
and Date
meals.
Age information
________
Date(education,
of hire____________________
Other
about yourself
personal interests, future aspirations in the industry, etc.)
Other information about yourself (education, personal interests, future aspirations in the industry, etc.)
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
l out the
following information:
_____________________________________________________________________________
_____________________________________________________________________________
______
_______________________________________________
_____________________________________________________________________________
___________________________________________________________________________________
_______________________________________________
_____________________________________________________________________________
___________________________________________________________________________________
________________________
__
_______________________
_____________________________________________________________________________
Date of hire____________________
Email application to Jenni McKeen at [email protected]
application
to Jenni McKeen at [email protected]
to 770-645-8748.
t yourself (education, personal interestorEmail
s,faxfuture
aspiratio
ns in the industry, etc.)
PAGE 18
or fax to 770-645-8748.
GPGA MARKETER
GPGA MARKETER
_____________________________________________________________
PAGE 19
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or visit us on the web at WWW.candrfleetservices.com
PAGE 20
GPGA MARKETER
GPGA MARKETER
PAGE 21
LEGAL MATTERS
customers’ propane cylinders.
The propane marketer denied the allegations. Specifically, it denied that any emergency
calls were placed, arguing that it received a request for propane delivery after hours and it was
not an emergency situation. Additionally, it argued
that Guse was liable for failing to use reasonable
care for his own safety, including being under the
influence of alcohol at the time of the incident. The
marketer also brought third-party claims against
Garner Veneer and co-employee DeBurger alleging that they were negligent and responsible for
Guse’s death.
BY KATY REGIER
DeBurger would not have attempted to transport
and use the 100 pound cylinder.
Second, plaintiff argued that the marketer failed
to keep records regarding its former customers.
Plaintiff alleged that the marketer had a duty to pick
up cylinders and tanks that were not filled within one year. Plaintiff argued that DeBurger’s 100
pound cylinder was old and outdated and should
have been picked up by the marketer prior to the
incident. Plaintiff also asserted that the cylinder
lacked a collared valve that would have prevented
the incident. Plaintiff presented expert testimony
on its first two arguments regarding negligence.
Third, plaintiff argued that the propane marketer
failed to provide adequate warnings to customers and warning labels for cylinders. To support
this argument plaintiff relied on the testimony of a
At the 2014 trial the plaintiff argued that the mar- warnings expert, who testified that DeBurger’s 100
keter was negligent for three primary reasons. pound propane cylinder should have had a large
First, plaintiff argued that the marketer failed to warning label stating it should only be transported
properly respond to emergency calls and if the in an upright, vertical position.
marketer had responded to the call, Guse and Plaintiff also asserted at trial that punitive dam-
THE TRIAL
own hands and traveled to DeBurger’s home to pick
up an old 100 pound cylinder to provide propane for
the plant operations. The cylinder from DeBurger’s
home was owned by the same marketer that supplied propane to Garner Veneer.
The two men disconnected the cylinder but
A Kentucky state court jury awarded significant com- then made a key error when they placed the cylinpensatory and punitive damages against a propane der in a horizontal, rather than vertical position in the
marketer in a wrongful death case arising out of a back of their pick-up truck. When the men returned
propane explosion involving an improperly transport- to the Garner Veneer plant, they discovered that a
ed 100 pound cylinder. Among other decisions, the “white mist” was leaking from the cylinder. Guse took
jury determined that the marketer negligently failed off his shirt and wrapped his hand in the cloth so he
to comply with its duty to respond to a customer call could reach in to shut off the cylinder valve. As Guse
to its emergency phone line within 60 minutes and reached in, static electricity from his shirt ignited the
that this failure was a factor in the wrongful death.
leaking propane, severely injuring both Guse and
DeBurger. Guse was transported to a local hospital
and then airlifted to the University of Louisville Hospital. Guse sustained burns to 75% of his body. After
The C.A. Garner Veneer plant near Smithville, Ken- six days in the hospital, Guse passed away from his
tucky was powered in part with 100 pound propane burn injuries.
cylinders used in the curing process for making wood Lawsuit.
veneer. At one point in May 2008, Garner Veneer Guse’s estate filed a wrongful death action
ran out of propane and called its propane supplier in Kentucky’s Henry County Circuit Court. Plaintiff’s
several times requesting a propane delivery, with lawsuit included a negligence claim, alleging that the
some of the calls made to the marketer’s emergency marketer breached its duty to (1) respond to cusnumber. However, the marketer did not respond to tomer needs in times of emergency; (2) warn and
the calls. Garner Veneer’s plant manager, Rick De- properly provide service to its customers; (3) propBurger, and assistant manager, Michael Guse, de- erly train its employees; (4) provide safety literature
cided they could not wait any longer for a propane to its customers regarding the use and transport of
delivery. The two managers took matters into their 100 pound cylinders; and (5) inspect and replace
STATE COURT JURY DETERMINES
PROPANE MARKETER NEGLIGENT
IN CYLINDER INCIDENT
UNDERLYING INCIDENT
PAGE 22
GPGA MARKETER
Legal Matters Continued on page 26
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PAGE 23
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PAGE 24
GPGA MARKETER
GPGA MARKETER
PAGE 25
LEGAL MATTERS
Legal Matters Continued from page 23
NPGA SCHOLARSHIP SEASON UNDERWAY
THE TRIAL
ages were warranted because the marketer’s alleged
multiple failures to act with reasonable care constituted evidence of “reckless disregard” for the safety
of its customers. Plaintiff relied on testimony that the
marketer violated its own policies and also that it did
nothing to change its policies after the incident.
In response, the propane marketer asserted at trial
that an emergency call was not placed and would not
have made a difference in this case. Additionally, it
presented evidence that it provided ample warning
materials to Garner Veneer and DeBurger regarding
dangers associated with propane. It also presented
evidence that the subject cylinder had a large warning
label citing state law and stating “Do Not Move.” Furthermore, the marketer argued that Garner Veneer,
DeBurger and Guse were ultimately responsible for
the incident in that (1) Garner Veneer and DeBurger
had a duty to provide warning information to Guse regarding propane and failed to use ordinary care for
Guse’s safety, and (2) Guse failed to use reasonable
care for his own safety when handling the propane
cylinder.
the marketer making the total net verdict against the
propane marketer over $4.2 million.
Do you have a dependent child attending college or technical college? Or will they be a High School senior this
Fall? They can apply for a NPGF Scholarship. To start
an application visit the website at: www.npga.org/scholarship then select the “Apply Online” link. The applications
must be completed and all required documents must be
received by February 15, 2016. Successful applicants will
be notified by May 2016.
THE VERDICT
The underlying incident, resulting trial and jury verdict
reviewed above underscores the need for propane
marketers to be vigilant with respect to risk management efforts, including following company policies and
procedures in every respect. An apt risk management
quote comes to mind: “A good rule of thumb is to assume that everything matters.” --Richard Thaler.
The jury’s decision was mixed. The jury determined
that the propane marketer failed to use ordinary care
in the operation of its business by failing to respond
to emergency calls within 60 minutes. However, the
jury decided that the marketer did not breach its duty
to keep track of old customers and pick up old tanks
and cylinders. The jury found Guse and Garner Veneer were also negligent for failing to use reasonable
care. The jury’s verdict allocated 40% of the fault to
the marketer, 25% to the decedent Guse and 35%
to Garner Veneer. The jury determined plaintiff’s total
compensatory damages were $3,180,000 which included $1,000,000 for Guse’s pain and suffering. The
compensatory damages were reduced to $1,272,000
based on the marketer being 40% at fault. But the jury
also awarded $3,000,000 in punitive damages against
Kathryn “Katy” Regier is a partner in the law firm of Schlee,
Huber, McMullen, McCarthy & Hansen, P.C., in Kansas
City, MO. She has significant civil litigation experience in
the defense of propane companies in matters involving
fires, explosions and carbon monoxide exposure in fatality, serious injury and high-dollar property damages cases
across the country. In addition to defending propane companies in litigation matters, Ms. Regier also consults with
companies on warning, training and safety measures as
part of risk management efforts designed to reduce the
likelihood of incidents that could lead to litigation. She is a
graduate of the University of Kansas School of Law. While
in law school, Ms. Regier was Articles Editor for the Kansas Law Review and participated in the Judicial Clerkship
Clinic at the Kansas Court of Appeals. Ms. Regier is admitted to practice law in Kansas, Missouri and California.
PAGE 26
GPGA MARKETER
GPGA MARKETER
In need flyers to provide your employees or display at
your work locations? Please visit http://www.npga.org
to download and print our current poster. Brochures are
also available for sharing. If you have questions about
the scholarship program or wish to have publication
information sent to you please contact Scholarship
Foundation Manager, Joanne Casey, at 202-355-1328
or email her at [email protected].
PAGE 27
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GPGA MARKETER