Georgia Propane Marketer
Vol. 16 No. 2
2014
Training Dates Set
See Dates to Remember
on page 4 in this edition
Propane Days June 2-4
Washington, DC
Propane Energy POD
Incentive Program for Builders
T:7.5”
Georgia Propane Marketer
TABLE OF CONTENTS
NOTICE
Dates to Remember. . . . . . . . . . . . . . . . . . . . . . . . . 4
NPGA News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Message from the President. . . . . . . . . . . . . . . . . . . 8
Legal Matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PERC News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Propane Energy POD Incentive Program . . . . . . . . 16
Propane Days at the State Capitol . . . . . . . . . . . . . 18
SUBSCRIPTION, BILLING &
ADVERTISING INFORMATION
Georgia PROPANE GAS ASSOCIATION, INC
GEORGIA PROPANE GAS ASSSOCIATION, INC.
T:10”
1205 Johnson Ferry Road – Suite 136-453
Marietta, Georgia 30068-4375
Phone: 770-645-8677 – Fax: 770-645-8748
info@georgiapropane.org
Jenni McKeen, Executive Director
OFFICERS
You are connected. Connected to
our trusted and respected propane
account managers. Connected to
technology like the Propane Control
Room� that helps you stay a step ahead,
managing the volatility of the propane
marketplace. To learn how the fi nancial
strength and stability of CHS can help
alleviate risk in your propane business,
contact DJ Williams at 800-393-7520,
Daniel.Williams@chsinc.com; or
George Lipford at 800-338-0232,
George.Lipford@chsinc.com.
©2014 CHS Inc. CHS is listed on NASDAQ at CHSCP.
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.
.......................................................................
Robert Hernandez, Thomaston . . . . . . . . . . . . . . . . President
Dan Richardson, Tifton . . . . . . . . . . . . . . . . . . President-Elect
Tommy Busbee, Macon. . . . . . . . . . . . . . . . . . Vice President
Mark Dmochowski, Sandy Springs. . . . . . . . . . . . . . Treasurer
Jenni McKeen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary
DIRECTORS
Steve Pearson, Woodstock. . . . . . . . . . . . . . . . . . . .
Bob Hetzler, Newnan. . . . . . . . . . . . . . . . . . . . . . . .
Raleigh Garrett, Milledgeville . . . . . . . . . . . . . . . . .
Dale Brown, Cordele. . . . . . . . . . . . . . . . . . . . . . . .
Tommy Sheppard, Sylvania . . . . . . . . . . . . . . . . . . .
District 1
District 2
District 3
District 4
District 5
Bill Ard, Greensboro . . . . . . . . . . . . . . . . . . Regional Director
Mike Franklin, Sandersville . . . . . . . . . . . . . Regional Director
Dan Richardson, Tifton . . . . . . . . . . . . . NPGA State Director
Gary Whitmore, Alpharetta. . . . . . . . . . . . . Supplier Director
Mike Davis, Cochran. . . . . . . . . . . . . . . . Imed Past President
1205 Johnson Ferry Road, Suite 136-453
Marietta, Georgia 30068-4375
(770)-645-8677 Fax: (770)-645-8748
info@georgiapropane.org
.......................................................................
ADVERTISING
CIRCULATION: Rates based on controlled circulation to GPGA membership.
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.
ADVERTISERS
Bergquist.......................................................................... 14
Coastal Energy.................................................................. 14
CHS.....................................................................................2
Crestwood......................................................................... 17
CUI.................................................................................... 19
Dealers LP......................................................................... 10
Gardner Marsh...................................................................5
Gas Equipment.................................................................. 9
Rutherford........................................................................ 15
Tri-State Distributors....................................................... 18
3
Dates to Remember
April 12-14, 2014
NPGA SE
World Congress Center
May 6, 2014
District Meeting
Hilton Garden Inn, Gainesville
May 7, 2014
District Meeting
Anderson Conference Center, Macon
May 8, 2014
District Meeting
TBD, Tifton
May 13-15, 2014
CETP Vapor Dist. 4.1
Anderson Conference Center, Macon
May 20&21, 2014
Sunbelt Workdays
Propane Building, Moultrie
May 28-30, 2014
CETP Vapor Dist. 4.2
Anderson Conference Center, Macon
June 2-4, 2014
NPGA Propane Days
Washington, DC
June 10, 2014
Serviceman’s Training
Anderson Conference Center, Macon
June 11, 2014
HM126
Anderson Conference Center, Macon
June 12&13, 2014
CETP Basic Principles
Anderson Conference Center, Macon
July 9-11, 2014
CETP Propane Delivery
Anderson Conference Center, Macon
July 17-20, 2014
GPGA/SCPGA Convention
Savannah Marriott Riverfront
August 12-14, 2014
CETP - Plant Operations
Anderson Conference Center, Macon
August 18&19, 2014
GurleyBob Golf
Brasstown Valley
September 10, 2014
HM126
Anderson Conference Center, Macon
September 30&October 1, 2014
Fall Board Meeting
Anderson Conference Center, Macon
October 4-6, 2014
NPGA Board Meeting
San Antonio, TX
October 14-16, 2014
Sunbelt Ag Expo
Moultrie, GA
December 3, 2014
Christmas Luncheon
Capital Grille, Dunwoody
4
5
NPGA to OSHA: Extend Crane
Rule Deadline
On March 12, 2014, NPGA filed comments on the
Occupational Safety and Health Administration
(OSHA), Proposed Rule for Cranes and Derrick in
Construction: Operator Certification. NPGA’s comments were extremely supportive of the three year
extension of the deadline for third party certification of
crane operators.
NPGA is working with OSHA and this very positive
proposed rule was expected. OSHA intends to grant a
three year extension for “the enforcement date for crane
operator certification.” This proposed rule will push the
third party certification requirement back three years to
November 10, 2017.
Further, in the three and a half years until the rule goes
into effect, OSHA intends to complete a new rulemaking
on the crane rule. NPGA is working closely with OSHA
on the rule with the intention of limiting the certification requirements for the propane industry.
NPGA has received word from OSHA that they intend
to begin the rulemaking process in April or May. OSHA
is not clear on the next steps which could include public meetings or a Request for Information in the Federal
Register.
For further information, please contact Robert F. Helminiak, Director, Regulatory Affairs at
rhelminiak@npga.org or 202.355.1321.
road and trucking industries, as well as Administrator
of the U.S. Energy Information Administration, Adam
Sieminski. NPGA Chairman Gary France and Executive Committee member Tom VanBuren also attended
the hearing.
Questions ranged from railroad safety to prices to climate change, but overall, most of the hearing addressed
the supply distribution challenges propane faced this
winter. Roldan communicated what led to the supply
constraints, what and who helped get fuel moving, and
what can be done to make sure the same challenges are
not faced again: increased storage, like the facility in
the Finger Lakes of New York; timely and improved data
from EIA; parity of natural gas and petroleum products
regulations; better analysis of the effects increased exports have on consumers.
Senators Introduce Hours of
Service Legislation
Last week U.S. Senator John Thune (R-SD), Ranking
Member of the Senate Committee on Commerce, Science and Transportation, along with U.S. Senator Amy
Klobuchar (D-MN), introduced S. 2086, the Reliable
Home Heating Act. This bill would address the current
propane distribution challenges and help states better
prepare for regional supply disruptions.
NPGA President Testifies Before
Congress
To help this winter, S. 2086 includes the HHEATT Act
(H.R. 4076), which the House passed unanimously last
week. The HHEATT Act extends all of FMCSA’s regional emergency exemptions from Hours of Service
regulations through May 31, 2014, or until a governor
determines that such a declaration is no longer needed.
NPGA President Rick Roldan testified before Congress
last week, representing NPGA at the House Energy and
Commerce Subcommittee on Energy and Power hearing titled “Benefits of and Challenges to Energy Access
in the 21st Century: Fuel Supply and Infrastructure.”
The hearing focused on changing energy infrastructure
needs in the U.S. Roldan testified alongside representatives from the pipeline, natural gas, environmental, rail-
Looking forward, this legislation would allow governors greater autonomy when they declare waivers from
Hours of Services regulations during fuel emergencies.
The legislation also would require the U.S. Energy Information Administration (EIA) to provide early warnings
to governors if the inventory of residential heating fuels
(including propane) falls below the most recent fiveyear average for more than three consecutive weeks.
6
NPGA Weighs In on the Workplace
Injuries and Illness Rule
On March 12, 2014, NPGA filed comments on the November 8, 2013, Occupational Safety and Health Administration (OSHA) Proposed Rule, Improve Tracking
of Workplace Injuries and Illnesses. NPGA’s comments
focused on the electronic transmission of data and releasing the data to the public.
NPGA opposed the mandatory electronic transmission
of injury and illness reports. NPGA argued that small
businesses, as described by North American Industry Classification System Manual (“NAICS Manual”),
which for the propane industry is 50 employees or fewer,
should be permitted to make all filings in hard copy or
electronically, but not be forced to file electronically.
NPGA also argued against the public release of injury
and illness data, arguing the public release of the data
would only work to stifle the intent of the program. It
could lead to individuals underreporting incidents for
privacy reasons, and it could encourage companies to be
less forthcoming with injury and illness information in
fear of hurting the reputation of the company.
NPGA will continue to monitor any developments on
this rule and work to produce the best rule possible for
the propane industry.
For further information, please contact Robert F. Helminiak, Director, Regulatory Affairs at
rhelminiak@npga.org or 202.355.1321.
Changes to CETP Certifications
Coming Soon
NPGA will soon phase out the offering of CETP Certifications for Book 2.3, Operating a Transport to Deliver Propane Delivery and Book 2.5, Operating a Truck,
Tank, Trailer or Tractor/Trailer to deliver or Relocate
ASME Tanks for several reasons. First, there has been a
significant decrease in the purchase of these exams over
the last 5 years with steady decreases occurring each
year during this time. Second, the training material pre-
viously contained in these books is now contained in the
new training material developed by the Propane Education and Research Council (PERC) referenced below.
Both of these new training programs are outside of the
CETP Certification umbrella, and accordingly, NPGA
will no longer offer a CETP Certification for them.
Therefore, please note that following May 1, 2014, NPGA
will no longer accept:
• 2012 exams for Operating a Transport to Deliver
Propane (Book 2.3), which are based on the training material for the 2004 version of CETP Book 2.3
(which will be superseded by the new PERC training material below):
• 2012 exams for Operating a Truck, Tank, Trailer or
Tractor/Trailer to Deliver or Relocate ASME Tanks
(Book 2.5), which are based on the training material for the 2004 version of CETP Book 2.5 (which
has been superseded by the new PERC training
material below):
Also, to account for the 12-month period that candidates
are allowed to submit their skills assessment following
their taking of the exam, we will no longer offer a CETP
Certification for these areas after May 1, 2015.
Finally, regarding the new material, PERC has released
updated training materials for Mobile Crane Operations
and will soon release updated training materials for the
Transport Operator Training Program, both of which
are described below:
• Mobile Crane Safety in the Propane Industry CD
and DVD Program: The program includes a video
on DVD and a CD containing a training manual, a
quiz, an instructor guide, a series of Crane Safety
Talk handouts, and a PowerPoint presentation of
the program for classroom instruction.
• Transport Operator Training Program: The updated training program includes a DVD, Student
Handbook, Instructor Handbook, PowerPoint
presentation,a certification of completion and a
skills assessment.
7
Message From The President
It looks like Spring has finally sprung as the old saying goes. Needless to say it has
been a challenging and interesting season for us all. No one could really prepare for
what happened with the price spikes and supply issues. We have faced challenges
before as an industry and we have always come through them. We will survive,
grow, and learn from these challenges we have faced.
March was a busy month for GPGA. In early March we held the first annual ProRobert Hernandez
pane Days in Atlanta at the Capitol. We cooked for over 500 people comprised
Thomaston
of state legislators and their staff making them aware of propane and its uses. We
talked to many elected officials who asked questions and became more familiar with our industry. This will be an
annual event for us. A much earned thank-you for all who participated.
Our Winter Board Meeting was also in March. NPGA President Rick Roldan was there and answered many questions concerning what happened with the supply and wholesale pricing. Rick was prepared and assured the members of GPGA that NPGA is working hard to tackle the issues we faced this winter. The attendance was great and I
want to thank all who devoted their time by coming and listening to what Rick had to say.
As it is every year in April the Southeastern Trade Show will be in Atlanta April 12th-14th. The last day to register
is Friday for the 3 for 1 discount for dealers. On Monday starting at 8:30 am there will be a session dealing with
this winter’s challenges, “Shock and Aftershock: Causes and Long Term Impacts of the 2014 Winter Propane Supply Emergency on the U.S. Propane Industry”. If attending you will definitely want to hear what challenges our
industry faces with supply and how it can impact your business. I am sure there will be a lot of other interesting
conversations in Atlanta!
Governor Signs Bill Creating Tax Credits For Alt Fuel Vehicles
NGT News/Next-Gen Transportation
by Michael Bates
by an alternative fuel” (operating on at least 90% alternative fuel and 10% or less gasoline or diesel).
Georgia Governor Nathan Deal has signed H.B.348,
which establishes a new tax credit program for the
purchase of medium- and heavy-duty alternative fuel
vehicles.
For medium-duty vehicles, the tax credit is up to
$12,000 per vehicle. A credit of up to $20,000 per
vehicle will be available for heavy-duty vehicles. The
cap on the credits for any taxpayer, whether an individual or a fleet, is $250,000 per tax year, and the
overall program will be funded at $2.5 million per
fiscal year.
The two-year program, which will cover new assets purchased between July 1, 2015, and June 30, 2017, concentrates on vehicles that run on natural gas, propane
autogas, hydrogen or electricity. These trucks and buses
can be 100% OEM products, or they can be new vehicles
that feature aftermarket alt-fuel systems “covered by
the original equipment manufacturer or covered under
separate warranties by the original equipment manufacturer and the third-party equipment manufacturer.”
The parameters for medium-duty vehicles are commercial vehicles rated between 8,500 lbs. GVWR and 26,000
lbs. GVWR that run “solely” on an alternative fuel.
Heavy-duty vehicles must have a gross weight ratio equal
to or more than 26,001 lbs. and must be “primarily fueled
The tax credits will be administered through an application process via the Georgia Department of
Revenue, according to Deal’s office.
“The vitality of Georgia’s transportation system is essential to our economy, our environment and the consistent flow of goods, services and people throughout
the state,” Deal said. “Alternative fuel vehicles, especially trucks, help companies cleanly and efficiently
transport their products, increasing our prominence
around the world as a go-to location for business.”
Autogas Dispensing
Please be sure to check your e-mail, faxes, and other correspondence which arrives from GPGA. Our district meetings will be March 6, 7 & 8. “Little Things that Make a Big Difference” will earn your employees 2 hours of continuing education. The class schedule is out so go online today and register for the classes your employees need.
Instead of a Bobtail Rodeo, we will be having a Serviceman’s Training in June. Attendees will receive 4.5 hours of
continuing education credit for attending. Our summer convention will be held in conjunction with South Carolina at the Savannah Marriott Riverfront, July 17-20. Look for the registration for the convention in the coming
weeks. In the meantime, make your hotel reservations today. Call the hotel directly at 912-233-7722. Our rate
is $152 including self parking. Training information is already on the website with the exception of the district
meetings and the convention.
Please be sure to contact me at 770.468.4683 or e-mail me at robhern@charter.net if you have any questions. It is a
pleasure being your GPGA President. As always, GPGA welcomes your participation and voice.
Sincerely,
Robert Hernandez
8
(800) 241-4155
Atlanta GA
(800) 821-1829
Dallas TX
Fayetteville NC
Houston TX
Indianapolis IN
Kansas City MO
(800) 334-7816
Little Rock AR
(800) 643-8222
www.gasequipment.com
(800) 241-1971
Orlando FL
(800) 821-0631
Aut
oga
s:
H
i
g
Diff
h
ere
nti
Pr
App essur al
lica e
tion
s
(800) 447-1625
(800) 821-5062
Richmond VA
(800) 368-4013
St. Louis MO
(800) 423-4685
Gas Equipment Co. TV - www.youtube.com/GasEquipmentTV
Steve Smith
9
Legal Matters
Propane Heater Manufacturer Wins Most Motions in
Illinois Carbon Monoxide Lawsuit
By Mark F. Krause
Your
SINGLE SOURCE for
A carbon monoxide poisoning lawsuit against a
propane heater manufacturer is proceeding
to trial after a series of
Mark F. Krause
recent decisions by a
federal court in Illinois that mostly favored the propane
heater manufacturer.
The lawsuit – Paula Underhill and Sean Underhill v. The
Coleman Company, Inc. – involves a wrongful death
and personal injury claim.
The incident
On April 9, 2010, Galen Underhill and his son, Sean Underhill, used a PowerMate Model 5045 propane heater
designed and manufactured by The Coleman Company,
Inc. in a pop-up camper. The camper was located on the
property of a Tim Reynolds in Alhambra, Illinois.
Galen Underhill and Sean Underhill apparently went to
sleep with the heater operating. On April 10, 2010, Galen Underhill was found dead from carbon monoxide
exposure. Sean Underhill did not die, but he apparently
was injured by his exposure to carbon monoxide.
The heater
and many, many more!
Stop in and see us!
1405 Sinnett Avenue • Dothan, Alabama 36303
800-433-8925
The propane heater was designed by The Coleman Company, Inc. in 1994. It was manufactured by The Coleman
Company, Inc. in 1995.
The heater contained several warnings on it. The warnings on the heater included:
• For outdoor or well-ventilated use only. Never use
inside house, camper, tent, vehicle or other unventilated or enclosed area.
• Never modify or alter heater in any way.
It was not disputed that these and other warnings were
on the PowerMate Model 5045 propane heater designed
and manufactured by The Coleman Company, Inc.
The lawsuit
On January 10, 2012, Paula Underhill, the widow of
Galen Underhill, and Sean Underhill, filed their lawsuit against The Coleman Company, Inc. in the Circuit
Court for the Third Judicial Circuit, Madison County,
10
Illinois. In their lawsuit, the Underhills alleged, among
other things, that the propane heater was defectively designed and defectively manufactured by The Coleman
Company, Inc.
The Underhills’ lawsuit included strict product liability
and negligence causes of action against The Coleman
Company, Inc. The lawsuit sought economic and noneconomic damages from The Coleman Company, Inc.,
as well as punitive damages.
The Coleman Company, Inc. had the case transferred
from the state court in Madison County, Illinois, to the
United States District Court for the Southern District of
Illinois. The Coleman Company, Inc. then responded to
the lawsuit by denying the allegations asserted against
it, and raising several affirmative defenses, including but
not limited to misuse of the propane heater by Galen
Underhill and Sean Underhill.
The case proceeded through the discovery stage, after
which time both parties filed numerous motions with
the federal court.
The Underhills’ pre-trial motions
The Underhills asked the Court to decide several facts in
their favor in advance of trial.
The Underhills sought to establish that the propane
heater was the sole source of carbon monoxide that
caused Galen Underhill’s death and that caused Sean
Underhill’s injury.
The Underhills also sought to establish that neither Galen Underhill nor Sean Underhill read the on-product
warning label on the propane heater and that neither
Galen Underhill nor Sean Underhill noticed the onproduct warning label on the heater.
Additionally, the Underhills sought an Order from the
Court that neither Galen Underhill or Sean Underhill
knew that carbon monoxide was a by-product of the
propane heater.
The Underhills also sought summary judgment on 10
of the affirmative defenses that The Coleman Company,
Inc. had asserted in responding to the lawsuit. Assumption of risk by the Underhills and misuse of the propane
continued on page 14
11
PERC NEWS
New Ag Photos on Propane MaRC;
Irrigation Engine Task Force Meets
2014 DISTRICT MEETINGS
“LITTLE THINGS THAT MEAN A LOT”
Presented by
Loren Beck
Dealers LP
May 6, 2014
Hilton Garden Inn, Gainesville, GA
May 7, 2014
Anderson Conference Center, Macon, GA
May 8, 2014
Comfort Inn & Suites, Tifton, GA
Join us at 10AM at the event closest to you.
Attendees will receive 2.5 hours of continuing education credit for
the State Fire Marshal requirements.
We will be providing lunch. Cost is $15 per person.
Logon to www.georgiapropane.org to register.
1205 Johnson Ferry Road, Suite 136-453, Marietta, GA 30068
770.645.8677 fax 770-645-8748
info@georgiapropane.org
www.georgiapropane.org
Ten new agriculture photographs are now available on
the Propane Marketer Resource Catalog, or Propane
MaRC.
Use the photos of irrigation systems, grain dryers, and
other farm equipment in your outreach to farm customers to encourage adoption of new propane-fueled technology that can help farmers increase their efficiency
and competitiveness while driving demand for new gallons of propane.
The photos can be downloaded for free and used on
websites, in email, in direct mail pieces, and in other
collateral. Check them out in the What’s New section at
propanemarc.com.
Also in the agriculture sector this week: the Propane Irrigation Engine Task Force met in Sacramento, Calif.,
to chart plans to operate up to seven demonstration engines in the state.
The task force will gather usage and emissions data, and
share the results with producers and state clean air regulators.
The task force includes propane industry members, engine manufacturers, and state regulators.
Share the Propane Energy Pod
Flyer With Construction Prospects
Looking to share the benefits of propane with your construction industry prospects? Check out this postcardsized reference card that concisely spells out the five
residential segments of the Propane Energy Pod – space
heating, water heating, cooking, clothes drying, and
fireplaces.
The two-sided, full-color flyer points out that propane
can provide faster water heating with up to 50 percent
cost savings, that consumers can reduce their energy use
by as much as 20 percent when doing their clothes drying, and that more information on the pod can be found
at buildwithpropane.com.
Download the flyer for free from the Propane MaRC.
Residential Topics Covered in New
Propane Energy Update
The January issue of the Propane Energy Update offers
articles for marketers and construction industry professionals. The issue offers articles on see-through fireplaces, and a review of propane products for 2014, along
with links to stories from external publications that report on the 2015 water heater efficiency standards from
the Department of Energy, and a survey of homeowners
on energy efficiency.
Build Your Business: Network
with Your Local Homebuilders
Association
This is another in a series on sales advice and tips for
propane marketers. Please send ideas to Burney Simpson.
Marketers seeking to expand their client base and grow
their sales should look into joining the homebuilders association (HBA) in their area. These groups are made up
of local builders, suppliers, and associate firms, all looking to improve the business environment for residential
and light commercial construction. An HBA also provides educational and networking opportunities for its
members.
As an HBA member, you can network with local building leaders, increase your company’s visibility, share
ideas on propane products, and establish yourself as
an energy expert. Members often learn about building
projects before ground is broken, so they can proactively make the case for propane.
continued on page 17
12
13
Legal Matters continued from page 11
heater were among the affirmative defenses attacked by
the Underhills.
The decisions on the Underhills’
motions
ore Oninvolved
at NPGA?
February 14, 2014, the Court rejected all four of the
er for
Committee!
Underhills’
motions seeking to establish material facts in
e
ing,
h
on -
their favor. The Court noted an opinion by an expert for
Member Services – Christine Hutcherson
The Coleman Company, Inc. that he could not rule out
Technology, Standards and Safety - Mike Caldarera
other
potential sources
of carbon monoxide in rejecting
PropanePAC
– Peter Ferrell
the Underhills’
request
for
a determination
that
the proNPGA also has three business
councils that
provide
a
panemechanism
heater wasforthe
sole source
of carbon
monoxide.
companies
to conduct
advocacy,
research
other
activities
on the
specific
or areas
of interest
The and
Court
also
decided
jurytopics
should
decide
whether
to
the
public
and
the
propane
gas
industry.
To
learn
more
Galen Underhill and/or Sean Underhill read or noticed
about
these
councils,
please
visit
the
Councils
page
on
the
the warnings on the propane heater. The Court also
NPGA
Website
or
e-mail
the
staff
liaisons
listed
below:
decided against the Underhills on their effort to estabhttp://www.npga.org/i4a/pages/index.cfm?pageid=471
lish that Galen Underhill and/or Sean Underhill did not
Benchmarking Council - Baron Glassgow
know
that the propane heater generated carbon monbglassgow@npga.org
oxide.
The Court
noted
that- persons
who had camped
Cylinder
Exchange
Council
Bruce Swiecicki
previously
with
the
Underhillls
expressed
concern about
bswiecicki@npga.org
the use
of the
heater in
unventilated
Women
in Propane
- Mollie
O’Dell areas in ruling that
the jury,
as
the
trier
of
fact,
should
decide the issue.
modell@npga.org
Continued on page 21
On the affirmative defenses, The Coleman Company,
Inc. did not contest the Underhills’ challenges to three
of the 10 affirmative defenses. The Court ruled in favor
of The Coleman Company, Inc. on the Underhills’ motion attacking the other seven affirmative defenses. Specifically, the Court noted the jury should decide whether
Galen Underhill and Sean Underhill misused the product and whether they were guilty of assumption of risk
by using the propane heater in the camper.
Coleman Company, Inc. was entitled to summary judgment on the design defect claim as it relates to the thermocouple placement. The Court noted the Underhills,
through their expert, had taken inconsistent positions
with respect to the thermocouple by arguing the thermocouple placement was defective while also arguing
that its placement constituted a manufacturing defect.
The Court ultimately granted The Coleman Company,
Inc.’s motion as it related to thermocouple placement.
motions
turing defect claim. The Court noted that expert opinions of The Coleman Company, Inc. and the Underhills
conflicted on the issue of whether there was a post-sale
alteration of the propane heater’s thermocouple. In denying the motion, the Court held the jury should decide
the manufacturing defect claim.
2013-2014
GeorGia ProPane Vehicle
Ther
Court,
however, rejected The Coleman Company,
eGulations
rebate
The Coleman Company,
Inc.’s rules and
Inc.’s motion for summary judgment on the manufacThe Coleman Company, Inc. sought summary judgment
on the Underhills design defect claim as it related to the
absence of an oxygen depletion switch on the propane
heater and thermocouple placement.
Additionally, The Coleman Company, Inc. sought summary judgment on the manufacturing defect claims, the
warnings claims and the punitive damages claims.
The decisions on The Company
Coleman, Inc.’s motions
With respect to the warning claims, the Court decided
that the Underhills’ claim, as it relates to “the prominence/saliency of the warnings,” was not subject to
summary judgment. The Court did grant The Coleman
Company, Inc.’s motion for summary judgment as it
related to the alleged inadequacy of the content of the
warnings.
Finally, the Court rejected The Coleman Company, Inc.
motion for summary judgment relative to the punitive
damages claim. The Court agreed with the Underhills
that a jury could consider whether, among other things,
The Coleman Company, Inc.’s failure to alter its warnings after being aware of other carbon monoxide incident involving the propane heater was willful or gross
negligence “as to indicate a wanton disregard for the
rights of others,” which is the Illinois standard for punitive damages.
Current status of the lawsuit
Both the Underhills and The Coleman Company, Inc.
have filed motions challenging the opinion testimony of
each other’s engineering expert witnesses. A hearing on
those motions is scheduled for March 6, 2014. The case
currently is scheduled for trial on August 4, 2014.
(Mark F. Krause is a partner at the law firm of Schlee,
Huber, McMullen & Krause, P.C., and can be reached at
mkrause@schleehuber.com).
The Underhills abandoned their oxygen depletion switch
claim, so the Court
was left with deciding whether The
December 31, 2014, or when program funds are exhausted. The payment of a rebate under the program or this
agreement is subject to available funds. If available funds run out during the program year, GPGA PERC may elect
Don’t let the next power failure
shut your business down.
Keep your plant pumping
Your trucks full
Phones operating
Lights on
and your doors open for business.
Visit our NEW Online Resource Center
at www.rutherfordequipment.com
Make your next purchase a
Kohler Propane Generator.
Online Ordering
It will put you back in control and let you face that next outage head-on.
•
Check pricing, availability
•
Search items by part number,
descripƟon or product group
Account Access
•
View order history, open Invoices
Downloads
•
.9504
800.448.9504
uipment.
14
GPGA MARKETER
GPGA MARKETER
Manuals, spec sheets, images
and more!
Log in today or call:
GA: 800‐241‐5652 FL: 800‐432‐1869 NC: 800‐426‐9293
PAGE 11
15
PERC News continued from page 13
Visit the National Association of Home Builders, and
search its Find: Local Association page. Local HBAs
may require an application, a membership fee, and a
sponsor. As a non-member, you may be able to attend a
meeting prior to joining, and discuss opportunities with
the leadership.
PERC Offers Propane Energy Pod
Builder Incentive Program
Program supports use of whole-home propane energy
package in new residential construction
WASHINGTON (Jan. XX, 2014) – Builders who use the
Propane Energy Pod model for new home construction
may be eligible for up to $1,500 in incentives from the
Propane Education and Research Council (PERC).
The Propane Energy Pod Builder Incentive Program
provides a financial incentive to qualifying and selected
builders who construct homes that follow PERC’s Propane Energy Pod model. Homes built to this model
feature an integrated, whole-home energy package that
includes a combination of propane applications—space
heating, water heating, cooking, fireplaces, clothes drying, and standby power.
To qualify for the Propane Energy Pod Builder Incentive
Program, builders must meet the following criteria:
• Participant must be a U.S. builder, and at least 18
years of age.
• Participant is limited to five incentives per year, per
state.
• Participation is limited to those building companies building less than 75 homes per year.
PERC will take important criteria into consideration
when selecting the best possible candidates for the program, such as the applicant’s ability to record and supply
data, and the proximity to another Propane Energy Pod
Builder Incentive Program applicant. Program participants are required to provide feedback on the propanefueled appliances they use, giving PERC valuable information to identify training needs and supplement future
propane product development.
Participating builders can choose from two eligible incentive packages for each home that they construct. To
qualify for the $1,500 incentive package, homes must use
propane for space heating, water heating, and cooking,
as well as two other applications, such as fireplaces or
16
clothes drying. Homes that meet all these requirements
except for propane-fueled space heating are eligible for
the $750 incentive package.
Currently, only new propane-fueled space heating, water
heating, cooking, fireplace, and clothes drying systems
are eligible appliances under the program. Refurbished
or modified equipment will not be considered.
When built outside the natural gas lines, Propane Energy Pod homes provide a competitive advantage against
all-electric homes, according to Bridget Kidd, PERC’s
director of residential and commercial programs,
“By implementing the Propane Energy Pod model,
builders can offer their customers a more comfortable
and enjoyable environment that also meets the industry’s most demanding requirements for energy efficiency
and sustainable building,” Kidd said. “We hope that this
incentive will encourage more builders to choose this
whole-home energy solution that maximizes efficiency
and savings for the homeowner.”
To learn more about the Propane Energy Pod Builder
Incentive Program, visit buildwithpropane.com or call
202-452-8975.
About PERC: The Propane Education & Research
Council (PERC) is a check-off program established, operated, and funded by the propane industry. The only
energy council of its kind, PERC leads safety and training efforts among propane retailers and consumers and
drives technology development to expand adoption of
propane as a clean, domestic, and affordable energy
source. PERC programs benefit a variety of industries
including fleet vehicle management, landscaping, residential and commercial building, agriculture, and material handling. For more information, visit propanecouncil.org.
“Sales won’t happen just because you are a member,”
Bridget Kidd, director of residential and commercial programs with the Propane Education & Research
Council, said. “Start by developing a network of builders, and demonstrating to them the value of propane as
a cost-effective source of reliable energy. That’s when the
sales come in.”
Subscribe to the Propane Energy Update by copying this
link in your web browser for more on residential and
commercial markets.
Mower Incentive Serves 1,001
Landscape Contractors
This infographic for the Propane Mower Incentive Program spells out the major accomplishments achieved in
2013 by the program — more than 1,000 landscape contractors in 39 states saved $648,500 on their purchases
of qualified propane-fueled mowers.
The mower program and the similar Propane Farm Incentive Program are managed by the Propane Education
& Research Council. Each offers a financial incentive
to those who purchase and operate qualified propane
equipment, and provide feedback and performance data
to PERC on the equipment. The mower program offers
up to $1,000 for the purchase of a new mower, and up to
$500 for a qualifying mower conversion.
There are now about 30 propane-fueled mower models
from 17 original equipment manufacturers eligible for
the incentive. A single applicant can apply for incentives
for up to 25 mowers. Converted mowers must meet
certain eligibility requirements, and the conversion kit
must not void the OEM’s warranty on the engine. A customer can apply for the incentive for up to 25 converted
mowers.
Connections
for America’s Energy
Inergy has a new name … Crestwood … and
increased capabilities to serve your propane
supply needs. With assets in every premier
shale play across the U.S. – as well as a growing
transportation fleet and long-term agreements
with producers – we offer you greater assurance
of propane supply and complete risk management
services that increase your profitability. For a
propane supplier that is reliable, responsive and
timely in connecting propane supply with demand,
we invite you to connect with Crestwood.
Max Johnson
Regional Analyst
Southeast
max.johnson@crestwoodlp.com
D : (816) 329.5316
C : (913) 972.5721
Yahoo ID: maxjohnson1248
Two Brush Creek Blvd., Suite 200 Kansas City, MO 64112 (888) 446.3749 crestwoodlp.com/wholesale
17
Propane Days at the
State Capitol
ting us one of their new propane powered “package
trucks” to the event and also to Jay McDuffie of Yancey
Our first annual Propane Days
Brothers Bus Sales for having a propane powered school
at the state capitol was a great success.
bus on hand. Blossman Gas brought a greatly needed
Volunteers served over 500 people BBQ
heater, a lawnmower and a Rinnai tankless water heater.
and shared the propane story with our
state legislators and their staffs.
Special thanks to Frank Morris of UPS for get-
Captain Bart Humble of the Sandy Springs Police De-
We
partment was also on hand with his propane powered
were very honored to have Speaker
police cruiser. Georgia Gas Distributors propane pow-
David Ralston and Senate Transporta-
ered panel van and Conger LP’s pick- up truck were also
tion Committee Chairman Steve Gooch
Blue Ridge. Insurance Commissioner
Ralph Hudgens also dropped by as did
plan to make improvements that will enhance our mes-
We learned a lot from our first outing and we
was instrumental in the success of our first event. John
sage next year. With the uncertainty of the tempera-
Fire Marshal Chris Stephens.
Bozeman of Georgia Link made sure our invitations got
tures, we will have more heaters on display for sure. We
around to the entire General Assembly and Kelly Huynh
hope word gets out so we have more volunteers as well.
State Fire Marshal Dwayne Garris and Assistant State
Many other volunteers met at Jenni McKeen’s
house for a long day of preparation. Their assistance
GET FIRED UP FOR SPRING WITH A NEW GAS GRILL
AOG Grills
Echelon Diamond
Aurora
Choice, Legacy & Electric
Charcoal and Smokers




Everyone, please contact Jenni and let her know
if you have any special relationships with your legislators (state or federal). Provide her with the specific contact information and relationship you have with them.
In the event we have an issue with which we need their
help, it sure saves time when we know who can help us
get the job done.
Don’t forget, Propane Days in Washington, DC
is June 2-4. GPGA will reimburse each dealer company
$500 to assist with their expenses. Monday, June 2 is the
NPGA Directors and Maketers and Mid-Year Board of
Directors meeting. This would be a very valuable meeting
for propane dealers to attend. Register at www.npga.org.
came from their office to help out.
TRI-STATE DISTRIBUTORS, INC.
Firemagic Grills
helped serve the meals.
on display.
drop by and chat with Pete Folger of
Thanks to all of you who survived the cold weather and



Built-In Grills
Portable Grills
Accessories and options
THERE IS SOMETHING FOR EVERYONE!
We offer a Large Selection of Gas Products:
Fireplaces, Logs, Heaters, Stoves, Grills, Water Heaters, Parts And So Much More….
One CLICK.
ONLINE ACCESS 24/7
Your time and needs are our first priority, so whether you need an updated pricing
sheet, need literature for a customer after hours or need to check dimensions in an
Owners Manual, our goal is to Provide you the resources you need at Any time.
•
•
•
•
•
•
•
•
Pricing
Literature
Owners manuals
Live Web Chat
Place orders on line
Check inventory
Get tracking information
Lose an invoice, simply print another one
from our account management program
Lyn Dew
Distribution
864-313-1180
R
Dan Smith
Distribution
910-512-3722
Ken Garrick
Equipment
803-378-6400
PRODUCTS
Call Today For More Information On Our Complete Product Lines
800-476-6164 - ROYSTON, GA • ROBERT HERNANDEZ - SERVING GEORGIA • (770)468-4683
www.tri-statedistributors.com
18
1026 Old Stage Road | Simpsonville, SC 29681 | 800.845.5301
19