May 2017 Texas Propane magazine

TexasPropane May 2017

Volume 73 No. 5

T H E M AG A Z I N E F O R T H E T E X A S P R O PA N E G A S A S S O C I AT I O N

Plan on Galveston for Summer Fun at TPGA Conference

Glamping:

Propane Powers Glamorous Trend

You’re in Good Hands Staying Local is Your Priority and Ours Have you considered selling your propane business but concerns for your customers and employees are holding you back?

At Pinnacle Propane, our values of Customer Service, Integrity, and Safety emphasize providing the best possible experience for our customers and employees.

As a Texas-based company, we focus on providing local service to our customers in the communities we do business and empowering our employees via competitive pay and a comprehensive benefits package.

Matt Terry Acquisitions and Strategic Development 210-560-5418

As you think about next steps, let us work with you to develop a fair purchase plan and a seamless transition so that you can relax and enjoy the results of your efforts.

For more information and a confidential assessment of your business, please call us today.

www.pinnpropane.com

Pinnacle Propane is an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sexual orientation, gender identity, national origin, disability status, protected veteran status, or any other characteristic protected by law.

TexasPropane May 2017

8408 North IH 35 Austin, TX 78753 (512) 836-8620 or (800) 325-7427 (512) 834-0758 fax E-mail: info@txpropane.com www.txpropane.com

T H E M AG A Z I N E F O R T H E T E X A S P R O PA N E G A S A S S O C I AT I O N

TPGA staff Bill Van Hoy Executive Director bvanhoy@txpropane.com Jackie Mason Education & Marketing Regulatory & Legislative Affairs jmason@txpropane.com Debbie Simpson Executive Assistant Membership Meeting Planner Publication Coordinator dsimpson@txpropane.com Propane Service Corporation

Debbie Simpson (800) 392-0023 dsimpson@txpropane.com Publisher

Kim Scheberle Account Manager/Managing Editor Sail House Publishing (512) 346-0892 kscheberle@austin.rr.com Joanne Pantaze Advertising Sales 512-273-2639 jpantaze@pvco.net Kiki Pantaze Art Director (512) 924-7566 kpantaze@pvco.net

Glamping: Propane Powers Glamorous Trend

6

Features Catch the Wave of Opportunity at the 2017 TPGA Propane Expo & Conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conference Highlights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule at a Glance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 11 12 15

Legal Beat: Summary Judgment Denied in in Suit Alleging Negligent Inspection of Propane System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Departments Highlights from Headquarters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 TPGA Board of Directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Safety Talk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 People in Propane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Inside the Industry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 A Look Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Where in the World . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Tell Us Something Good. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Say Cheese. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Classified Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Index to Advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Propane with Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Highlights from Headquarters

Say Hello to Glamping, a Great Propane Partner Bill Van Hoy TPGA Executive Director Most of you, if not all of you, have been camping or at least understand the concept. How many of you have heard of “glamping”? This trend is on the rise and offers all of nature’s experiences with luxury comforts. No leaky canvas tents, musty sleeping bags, or sleeping on the hard, rocky ground. Say hello to glamping, and propane fits right in as you will learn in this month’s feature.

Put the 2017 TPGA Propane Expo & Conference on your summer schedule.

The beautiful Moody Gardens Resort

in Galveston is once again hosting the event August 4-6. The Expo will feature the very best equipment, technology and service providers supporting the propane industry. Get updated on what is happening with the Texas propane industry at the business meetings, and have some fun at the Gala with casino party.

This event is a chance to catch up with peers that you haven’t seen in a while and meet new ones. Register now so you won’t miss the Early Bird cut-off of June 30, 2017.

See you in Galveston!

2017 CONVENTION Sponsors Golf Tournament Targa Resources Lanyards Keyera Energy Convention Tote Bag Enterprise Products Welcome Reception Westmor Industries Midstream Transportation President’s Cocktails Quality Steel Bishop Energy Expo Refreshments BASYS

AFFINITY PARTNERS BASYS • Lone Star Energy Group

2016-2017 TPGA Board of Directors President: Ben Wood, Northwest Propane, 972-247-6121 President-Elect: John Walter, Schneider Distributing, 800-901-9109 Secretary: Harris Baker, Pinnacle Propane, 512-306-0073 Treasurer/Finance Chair: Sam Fox, McCraw Propane, 469-261-1148 District 1 Director: Jim Vines, Cooper Propane, 903-785-5242 District 1 Alternate: April Welch, WelchGas, 903-577-1446 District 2 Director: Josh McAdams, McAdams Propane, 936-598-7444 District 2 Alternate: Open District 3 Director: Jeremy Gentile, Hill Butane, 409-296-2001 District 3 Alternate: Open District 4 Director: Mark Peterson, Buster Brown Propane, 281-689-3946 District 4 Alternate: Allen Wells, Baygas, 281-332-2660 District 5 Director: Open District 5 Alternate: Open District 6 Director: Omar Garcia, Mr. G Propane, 956-581-1063 District 6 Alternate: Open District 7 Director: Steve Smith, Smith Gas, 830-393-2533 District 7 Alternate: Sharon Seal, Bell Hydrogas, 210-533-7103 District 8 Director: Jack Walzel, Tri-Co Propane, 254-642-3885 District 8 Alternate: Rodney Sladek, Fayetteville Propane, 979-836-7044 District 9 Director: Bill McCullough, Butane Gas, 800-242-69010 District 9 Alternate: Brad Quisenberry, Gene Harris Petroleum, 888-336-4474 District 10 Director: Josh Nowlin, McCraw Propane, 9003-583-7481 District 10 Alternate: Sam Fox, McCraw Oil, 469-261-1148 District 11 Director: Steve Adams, Hardwick LPG, 254-647-3402 District 11 Alternate: Lane Worthington, Sunoco, 325-835-3031 District 12 Director: John Gordon, Bob’s Fuels, 325-647-3619 District 12 Alternate: Laci Jo Walter, Schneider Distributing, 800-901-9109

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Texas Propane • www.txpropane.com

District 13 Director: Trini Hernandez, Fuel Mark, Inc., 432-381-4277 District 13 Alternate: Open District 14 Director: Open District 14 Alternate: Open District 15 Director: Don Heinrich, Slaton Gas, 806-828-6501 District 15 Alternate: Open District 16 Director: Open District 16 Alternate: Open Past President: John Kelly, Kelly Propane, 940-586-1208 Past President: Todd Dorris, Roadrunner Energy, 830-278-5317 Past President: Hobie Sibley, 281-455-3673 Past President: Doug Maclay, Huffhines Propane, 972-225-2347 1st Vice President: Jeremy Gentile, Hill Butane, 409-296-2001 2nd Vice President: Josh McAdams, McAdams Propane, 936-598-7444 3rd Vice President: Allen Wells, Baygas, 281-332-2630 Sr. Vice President: Joe Green, Green’s Blue Flame Gas, 713-462-5414 Sr. Vice President: Wes Welch, WelchGas, 903-577-1446 Sr. Vice President: Jack Walzel, Tri-Co Propane, 254-642-3885 Assoc. Service Director: Anna May Etheredge, 940-665-4672 Assoc. Service Alternate: Jeff Severson, BAM Propane, 817-738-8224 Assoc. Producer Director: Jimmie Grant, Martin Gas Sales, 713-851-6155 Assoc. Producer Alternate: John Becraft, Targa Resources, 817-416-7757 Assoc. Manufacturer/Distributor Director: Mike Armstrong, Gas Equipment Company, 214-733-6328 Assoc. Manufacturer/Distributor Alternate: Mark Smith, Leran, 512-318-1840 Assoc. At Large Director: Jim Diehl, Squibb Taylor, 214-357-4591 Assoc. At Large Alternate: Tracy Wells, Gas Equipment Company, 214-638-8018 Nominating Committee Chair: Chad Gray, Dixie LP Gas, 254-582-2261 NPGA Director: Jim Bishop, Bishop Energy, 940-665-3457

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Featured

Glamping:

Propane Powers Glamorous Trend

By Kristen Card

Propane and camping have been a hot item for a long time – propane-powered stoves and grills have been a fixture of American campsites for decades, providing clean, convenient fuel for efficiently making a morning pot of coffee or cooking up the day’s catch.

But hey, good old-fashioned down-in-the-dirt camping, watch out: There’s a trend on the rise that offers all of your natural benefits, plus the luxury comforts of a four-star hotel. And guess what? She and propane are working it, together.

They call her glamping – a deluxe fusion of glamour and camping that describes a type of camping with resort-style amenities and services. Sometimes referred to as boutique camping, luxury camping or posh camping, glamping typically involves sustainable, quasioutdoor lodging and comfortable experiences in nature.

Yes, diehard camping traditionalists, you read it right – comfortable experiences in nature. In other words: Goodbye to pitching leaky canvas tents. Goodbye to sleeping in musty sleeping bags on cold, rocky ground. And goodbye to answering nature’s call while perched over a log [talk about uncomfortable!].

Hello, glamping – a way to get closer to nature and its creatures without sacrificing your own creature comforts.

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Texas Propane • www.txpropane.com

Beginnings of Glamping

While the term glamping first came into use in the United Kingdom about a dozen years ago, the concept behind glamping has been around for centuries.

During the 1500s, the Scottish Earl of Atholl prepared a noted glamping experience up in the Highlands for the visiting King James V and his mother; the Duke put up extravagant tents and filled them with all the provisions of his own palace. Around the same time, the Ottoman military was transporting palatial tents from one mission to the next; whole teams of artisans traveled with the army to raise and maintain the imperial tents.

One of the most extreme examples of historical glamping happened in 1520 at the Field of the Cloth of Gold, a diplomatic summit between the notoriously epicurean Henry VIII of England and Francis I of France. Held in northern France, some 2,800 tents and marquees were erected for the event, and the fountains reportedly ran with red wine.

In the first part of the 20th century, African safari became the go-to getaway among wealthy Brits and Americans. Unwilling to give up their daily conveniences, affluent adventurers toted along

Featured electric generators, folding baths and cases of champagne as they crossed the savanna.

Teddy Roosevelt, renowned for his elaborate expeditions, has been informally tagged as America’s First Glamper.

The modern glamping trend is undeniable, yet unofficial. No trade group exists for glamping businesses, and outdoor-recreation organizations aren’t tracking glamping statistics because they don’t recognize it as a true form of camping. But a few minutes spent on the internet verifies not only glamping’s existence, but also its exponential growth over the last few years.

Today, you can find hundreds of glamping spots around the world – from adobe villas in West Texas to igloos in the Austrian Alps, from houseboats in the Florida Keys to cozy caves in Spain’s Sierra Nevada region.

That sort of vast diversity has become a hallmark of modern glamping. There are accommodations available for every kind of experience you can imagine, and at just about every price point – and they are all unique: treehouses, airstream trailers, yurts, tipis, domes, towers, barns, as well as cottages, cabins and tents, are common offerings among Sinya on Lone Man Creek, a romantic, safari-inspired glamping retreat, sits atop a ridge just 45 glamping’s uncommon acminutes outside of Austin in the Texas Hill Country. (Opposite page) The Sundance Club sits commodations. Shared charabout an hour west of Fort Worth and offers family-friendly bunkhouse accommodations. acteristics of most glamping structures include 1) being did myself, like I put in the plumbing, and I hand-sanded each one free-standing and self-contained; 2) opening onto the great of the long-leaf pine floorboards. I stayed in it for a few weeks, and outdoors; and 3) coming with luxury amenities included as realized not only that it was a special spot, but also that sharing it standard fare. was part of my purpose for relocating. So I started renting it out as Which is where propane comes in. a unique experience, and it’s been an incredible journey.”

Hill Country Sinya Sinya – named for the first camp Gallimore stayed at in Tanza“I went on safari in Tanzania, and it was an amazing, life-changnia, as well as for an orphaned elephant she fostered through an ing experience for me,” begins Lynn Gallimore, owner/operator African wildlife trust – is a safari-inspired retreat for two situated of Sinya on Lone Man Creek [www.HillCountrySinya.com]. “I just outside of Wimberley, atop a ridge overlooking Lone Man came home to Texas and literally changed my life – I moved from Creek. Among its myriad amenities, Sinya provides: a king-size a downtown Houston high-rise to five acres here in the Central bed with goose-down pillows and lavish linens; a full bath with Texas hill country. I wanted to bring a little bit of Africa back with Turkish towels and spa bathrobes; a kitchenette equipped with a me, so I ordered a safari tent online. My initial idea was just for me refrigerator, freezer, microwave oven, induction cook-top, toaster to stay in it whenever I wanted, so I put it together. Many things I oven and gourmet coffeemaker; state-of-the-art air-conditioning May 2017 •

Texas Propane

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Featured and heating systems; a hammock, a hot tub and an outdoor grill; Sundance Club But glamping isn’t necessarily for adults only. Up in north Texand complimentary wifi. as, about an hour west of Fort Worth, folks can find Sundance Gallimore has a 250-gallon propane tank dedicated to Sinya, and Club [www.Sundance-Club.com], a resort property that includes a second tank for her own residence, also located on the property. She Camp Sundance – bunkhouse-style accommodations designed uses propane to fuel her heating systems, instant water heaters, hotwith families in mind. tub heater, all cooking sources “Sundance Club is part of and fireplaces. This summer, 7-R Ranch Estates, a private, she plans to add another tent, I love propane! I use it for everything; if gated subdivision populated Ndoto [Swahili for dream], I could use it to air condition, I would. by about half full-time retirees and will be calling her propane and half weekend-home resimarketer, Wimberley Hydro I love not being on a grid; I’m in condents,” explains General ManGas Company, to come install trol of my energy. The tanks are on my ager Joel Taylor. “Sundance a third propane tank to fuel it. property, I control my usage, and when Club is a country-club-type “I love propane!” Gallimore membership option, open to effuses. “I use it for everyI need it, I just call for it.

7-R residents and nonresithing; if I could use it to air - Lynn Gallimore, dents alike. The resort offers condition, I would. I love not three kinds of accommodabeing on a grid; I’m in control Sinya on Lone Man Creek tions – our lush hotel suites, of my energy. The tanks are on our house-like residence cabmy property, I control my usins, and Camp Sundance, age, and when I need it, I just our glamping option. Camp Sundance sits apart from the other call for it. It’s more economical, it’s more efficient, and I do weigh buildings, with a concrete walkway to it from the parking lot, so the environmental impact of the energy sources I use, and I feel you’re even a ways away from vehicles. Each bunkhouse main propane is definitely the best option among what’s accessible and level has a king-size bed, a full bath, a small vanity, mini-fridge affordable today. Oh – and I love cooking with it!” and coffeemaker, air-conditioning and heat, and complimentary Operating since 2009, Sinya is exclusively for adults [due to its wifi, but no TV. Then there’s a steep ladder up to a sleeping loft topography], and currently rents for $325/weeknight and $365/ with another king-sized bed for the kids. Outside, there’s a fire pit weekend night, with a two-night minimum stay required.

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Texas Propane • www.txpropane.com

Contact Danny McElroy at the Southwest Sales Center Dallas, Texas 1-800-483-9971 • danmcelroy@aol.com

Featured and wildlife feeders, so it gives guests the feeling of being in the woods, but at the same time, just walking distance to all of our other amenities.”

Situated atop Clayton Mountain at an elevation of 1,200 feet, Sundance Club’s other amenities include a grill, a pub, an entertainment pavilion, a full-service spa, a massive fitness and recreation center, a lakefront clubhouse, four swimming pools, indoor and outdoor hot tubs, bicycle access, riding stables, fishing boats, four nature parks, hike-and-bike trails, adventure experiences, concierge services, and more. And it’s all powered by propane.

“We’ve got 5,000 acres total, with only 2,000 developed to date,” Taylor explains. “We have about 120 homes, plus our Sundance Club facilities, and everything is 100 percent propane. All of our heating, cooking, tankless water heaters, barbecue grills, fire pits, and even some open-flame lamp posts people have in front of their homes are fueled by Fulfer Propane, Inc. And in the wintertime, we heat the pools and hot tubs using propane.

“It just seems everything works more efficiently, more economically and more consistently with propane,” he continues. “And from a development perspective, it’s much more aesthetically attractive, because there are no lines up in the air. Propane is invisible, safe, and reduces the utilities necessary in the neighborhoods.”

Operating since 2013, Club Sundance offers many membership options – combinations of an initiation fee and monthly dues – depending on how members intend to use the facility. Generally, nonresident membership ranges from $1,200 per year to $7,250

for a lifetime membership. Nonmembers who book their reservation through www.Glamping.com may enjoy their first visit to the resort at discounted member rates of $30-70/night, depending on the season, dates, and weeknight/weekend rates.

Clearly, part of the beauty of glamping is its sheer variety – choose a stunning accommodation, pick a breathtaking backdrop, and ta-da! a vacation experience like none other. But while some spots are swankier [personal chef and butler, anyone?], some spots are nest-tier [eco-pod for one, please], all glamping spots seem to share a similar formula for success: Nature + Comfort + Togetherness [+ Propane, of course] = Connection.

“When people share a smaller space surrounded by nature – like huddling up in a tent – it creates a closer environment” notes Taylor. “It guides people to interact more and differently than they might otherwise, especially for families.”

“I grew up in Nebraska next to a forest,” attests Gallimore. “And the further I got from having grass under my feet, the further I was from contentment. So when I moved to Wimberley, I began appreciating nature again – sipping my coffee at the table outside, watching the birds and squirrels and deer – and it’s brought so much calmness to me. Offering Sinya to people gives them the chance to reconnect with themselves and with one another, with nature as the setting, and free from distraction. I just think that’s really, really important.”

Kristen Card is an Austin-based freelance writer.

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Texas Propane

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Catch the Wave of Opportunity at the 2017 TPGA Propane Expo & Conference

You have to be up on technology and best practices to ensure spectacular customer service and cost efficiency.

You deliver thousands of gallons of propane and safety and proficiency are paramount.

IMPORTANT DATES

Add these dates to your calendar Last Day for Early-Bird Discounted Rates

June 30, 2017

Discounted Group Hotel Block Deadline

July 14, 2017

…………………………………………………………………………….

The 2017 TPGA Propane Expo & Conference supports the total development of propane operations. The exposition is filled with the latest technologies, the latest equipment, and cutting edge service providers – you have a powerhouse opportunity for finding improvements for your operations.

The Best & the Latest at the Expo The 2017 TPGA Propane Expo features the very best equipment, technology, and service provider companies supporting the propane industry. This is a valuable opportunity to see the latest generation of solutions from providers you know, plus meet new vendors.

Exceptional Networking Networking is a hallmark of this conference and you are sure to make valuable new peer contacts in Galveston. It’s a tremendous opportunity to meet peers from all walks of the industry. Meet peers at receptions, introduce yourself to a peer after the business meetings, or sit down next to someone you don’t know during dinner!

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Texas Propane • www.txpropane.com

Conference Highlights

Register

Book

Relax

Welcome Reception: Kick off the event by catching up with colleagues and vendors! Hors d’oeuvres and a cash bar help the evening get started. Sponsored by Westmor Industries & Midstream Transportation

Gala with Casino Party: Join us for a delightful dinner and play some casino games. Also watch the passing of the gavel from the current TPGA President to the new TPGA president.

At the Expo: Some of the best vendors and service

providers supporting the propane industry • Prize Drawings • Buyer’s Drawing – you could win $250 cash • Snacks & refreshments on the Expo floor • Silent Auction benefitting the TPGA Scholarship Fund

President’s Cocktail Reception: Listen to the band

and enjoy an adult beverage on the expo floor. Take a last look around the expo before it closes and the Gala starts. Sponsored by Quality Steel & Bishop Energy

Elmer Atkins Memorial Golf Tournament Sponsored by Targa Resources Saturday, August 5 8:00a -1:00p Moody Gardens Golf Course $125 per person Registration fee includes greens fee, cart, breakfast, lunch, 2 drink tickets, and prizes.

Golf Luncheon & Awards 1:00p – 2:00p at the golf course

TPGA Board/Annual Business Meeting: Hear about what is going on at the

association – financial health, legislative successes, nomination and election of new officers, RRC rules adoption, and more!

Thanks to Our Sponsors

Golf Tournament – Targa Resources Lanyards – Keyera Energy President’s Cocktails – Quality Steel, Bishop Energy

Convention Bags – Enterprise Products Welcome Reception – Westmor Industries, Midstream Transportation Expo Refreshments - BASYS

Sponsorships still available. Contact us!

May 2017 •

Texas Propane

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SCHEDULE AT A GLANCE AUGUST 4

1:00p – 5:00p Registration 2:00p – 3:00p Finance Committee 3:00p – 5:00p Executive Committee 3:30p – 5:00p Exhibitor move-in (vehicles) 5:00p – 6:00p Welcome Reception 6:00p – 10:00p Exhibitor move-in (optional for golfers) Supplier dinners/on your own

AUGUST 5

6:00a – 1:00p 8:00a – 1:00p 12:00p – 7:00p 1:00p – 2:00p 3:00p – 7:00p 7:00p – 8:00p 8:00p – 11:30p

AUGUST 6

9:00a – 11:00a 11:00a – 12:00p

Exhibitor move-in Golf Tournament Registration Golf Lunch & Awards Expo President’s Cocktails Gala TPGA Annual Business/Board Board Training

Featured

Outside Exhibit Hall ABC 9th floor Boardroom 9th floor Boardroom Exhibit Hall ABC Floral Hall A Exhibit Hall ABC

Exhibit Hall ABC Moody Gardens Golf Course Outside Exhibit Hall ABC Moody Gardens Golf Course Exhibit Hall ABC Exhibit Hall ABC Moody I & Salon E Floral Hall A Floral Hall A

Schedule as of March 9, 2017. Schedule is subject to change at Show Management’s discretion for the overall success of the event. Changes will be reflected online and onsite.

TOP REASONS TO ATTEND Network with your peers. There will be plenty of opportunities to meet fellow professionals to exchange information and ideas.

Meet top solution providers at the Expo. The exhibit hall will be filled with product and service experts willing to share their knowledge and help you solve your problems.

Gain up-to-date information on current industry issues and concerns at the Annual Business/TPGA Board meeting.

Enjoy Moody Gardens! Relax by the pool, the beach, tour the attractions or make a splash at Schlitterbahn next door.

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Featured

Host Hotel

Moody Gardens Resort & Conference Center 7 Hope Boulevard Galveston, TX 77554

The Moody Gardens Resort is offering attendees and exhibitors a discounted rate of $199/night plus tax. Self park is complimentary. Valet parking is available for $20 for overnight. Participants will enjoy complimentary internet in guest rooms. Check-in time is 4:00pm; check-out time is 12:00pm.

Participants are responsible for reserving their own accommodations. Contact Reservations directly at 888-388-8484 and mention the Texas Propane Gas Association to receive the discounted rate.

July 14, 2017 is the cut-off date for hotel reservations at the discounted group rate. Please make your reservations early! After date, rooms are a “space and rate as available” basis.

No third party providers are used for rooming at this conference. If you are contacted by a travel agency in reference to this conference, note that they have no affiliation with this event.

If you experience issues making your reservation, contact the TPGA office immediately so we can resolve the matter.

Hotel rooms in the discounted group block are reserved for attendees, their attending family members, exhibitors, sponsors, speakers and Show staff. TPGA has the right to remove any reservations within the group block that are not supported by a conference registration.

May 2017 •

Texas Propane

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Texas Propane • www.txpropane.com

PERSONAL INFORMATION

2017 REGISTRATION FORM ____________________________________________ COMPANY NAME

________________________________________ SPOUSE/SIGNIFICANT OTHER NAME

____________________________________________ CONTACT

_______________________________________ CHILD NAME

____________________________________________ ADDRESS

______________________________________ CHILD NAME

____________________________________________ CITY/ST/ZIP

_____________________________________ CHILD NAME

____________________________________________ PHONE

EVENTS INCLUDED IN REGISTRATION

___________________________________________ EMAIL

□

CONFERENCE REGISTRATION

REGISTRATION TYPE

□ □ □ □ □ □ □ □ □ □

EARLY BIRD

(by 6/30/17) $295

Retail Marketer Full

Please check any of the events you will attend. □ Welcome Reception □ Gala □ Expo

Annual Business/Board

REGULAR/ONSITE (after 6/30/17) $395

□

Cocktails

SUBTOTAL $____________________

Additional Enrollee Full

$225

$325

$____________________

Spouse/Significant Other

$100

$100

$____________________

Child Over 12

$100

$100

$____________________

Child Under 12

FREE

FREE

$____________________

Marketer Expo Only

$100

$150

$____________________

Spouse Expo Only

$55

$75

$____________________

Add Enrollee Expo Only

$55

$75

$____________________

Past President FREE (retired from the propane business)

FREE

$____________________

Golf Tournament

$125

$____________________

$125

TOTAL $____________ METHOD OF PAYMENT

PAYMENT

□ □

Check Enclosed (Payable to TPGA) VISA

□

MC

□

AMEX

_____________________________________________ NAME ON CARD

_____________________________________________ CARD NUMBER _____________________________________________ EXP CSV BILLING ZIP CODE

Definition of a Marketer: The definition of a Marketer for purposes of registering for this conference is a company involved in the retail sales of propane either residential or commercial, dispenser operators, or RV park operators. If you are a product manufacturer/distributor, service provider, transport, or propane wholesaler/producer you MUST be an exhibitor to register.

Please remit payment to: TPGA Conference Registration 8408 North IH 35 Austin, TX 78753 May 2017Fax: • 512.834.0758 Texas Propane

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Legal Beat

Summary Judgment Denied in Federal Lawsuit Alleging Negligent Inspection of Propane System

By Kathryn A. Regier A United States District Judge for the Eastern District of Kentucky recently denied summary judgment for a propane service company in a negligence case arising out of a propane gas explosion. In the Kelly v Arrick’s Bottled Gas Service, Inc. case discussed here, the federal judge analyzed the gas company’s assertions that it owed no duty to plaintiffs with respect to an unused gas line running under a detached garage. The judge’s decision turned on factual questions regarding whether the gas service company breached its duty to inspect. The basic factual issue was whether the propane service company conducted a sufficient inspection of the entire propane

system at the time the company replaced the property owner’s propane tank.

Background

This case arose out of a propane gasrelated flash fire and explosion at residential property leased by plaintiff Jarrod Kelly (Kelly).

Five years before the incident, at the request of the property owners, Arrick’s Bottled Gas Service, Inc. (Arrick’s) replaced a propane tank set by another company with an Arrick’s tank. After installing the replacement propane tank, Arrick’s tested the propane system

and found no leaks. At the time of the installation, Arrick’s required Kelly to sign a new customer agreement. The agreement stated that while Arrick’s retained ownership of the tank and regulators, Kelly was “responsible” for the gas line and fittings. Arrick’s supplied propane to the residence from the time the replacement tank was installed to the incident date with apparently no issues.

On the day of the incident, Kelly was planning a barbeque. He and a friend, Micah Miller (Miller) were working on clearing out the detached garage on the property so they could reach the barbeque grill. While Kelly and Miller were working in the garage they became curious about whether any water had collected in the cellar of the garage from rains over the previous few days. They decided to head down to the cellar to check it out.

The lights in the cellar were flickering, which prompted both men to ignite their lighters so they could get a better view of the cellar. Unfortunately, “within a matter of seconds, the flames from their lighters” ignited propane gas that had accumulated in the cellar which caused a flash fire and explosion. Kelly and Miller were able to get out of the cellar, but both incurred serious injuries. After the incident, Kentucky State Police investigators determined the underlying cause of the flash fire and explosion was propane leaking from an unused gas line under the garage which had migrated into the cellar space.

The Lawsuit

Kelly and Miller brought a lawsuit against Arrick’s alleging numerous causes of action including negligence; negligence per se (violation of a statute); gross negligence; liability for an extra-hazardous activity; strict liability; products liability; violation of the Kentucky Consumer Pro-

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Legal Beat tection Act; breach of implied warranty of fitness and punitive damages. Note that Kelly and Miller later conceded that a number of their claims were not supported by the facts and those claims were dismissed leaving the negligence and punitive damages claims to be resolved.

Kelly and Miller asserted that Arrick’s was negligent because it failed to exercise reasonable care in three ways: (1) failed to visually inspect the entire propane system when Arrick’s installed the propane tank and regulators, (2) failed to warn Kelly about the dangers of metal corrosion and unused gas lines and (3) failed to warn about “dangerous defects in the aging propane system.” In contrast, Arrick’s argued that it had no actual knowledge of any danger from the lines and fittings and that the source of the propane leak was a gas line for which it had no responsibility. However, Kelly and Miller countered with the assertion that Arrick’s should have known there was an unused gas line, despite being buried underground, because there was a branch line running to the garage that was visible from the propane tank; the garage had a chimney and the piping and regulators at the location of the garage were above ground. Kelly and Miller also asserted that both Arrick’s own “training program and industry standards required a visual inspection of the entire propane system.”

Arrick’s Summary Judgment Motion

Arrick’s filed a Motion for Summary Judgment asking the judge to dismiss the case against it as a matter of law stating that there were no issues of fact for the jury to decide. Arrick’s asserted it had no duty with respect to the unused gas line for the two reasons set out above: the new customer agreement assigned the responsibility for the gas lines and fittings to Kelly and Arrick’s did not know about the unused gas line.

The federal judge disagreed with Arrick’s argument that it did not owe a duty to maintain the propane lines and fittings because the customer agreement stated Kelly was “responsible” for the lines and fittings. The judge determined that the customer agreement was not clear as far as the division of responsibilities and noted an agreement that attempts to shift a duty to someone else “must be ‘so clear and understandable, that an ordinarily prudent

and knowledgeable party to (the agreement) will know what he or she is contracting away; it must be unmistakable.”

The judge also noted that the customer agreement that Kelly signed “simply” stated: “It has been explained to me (Kelly) that Arrick’s Bottled Gas, Inc. remains the owner of the tank and regulators and that the line and fittings are my responsibility.”

In his decision, the judge stated that the language of the agreement did not mention the word “negligence” nor did it expressly and clearly release or protect Ar-

rick’s from liability for its own conduct or omissions. Notably, the judge stated that the agreement could be reasonably interpreted to mean nothing more than Kelly was responsible for the cost of the maintenance or repairs for the lines and fittings but not for the cost of maintaining the tank and regulators. Therefore, the judge held that the customer agreement did not release Arrick’s from liability for Kelly and Miller’s alleged injuries or limit the scope of the duties owed by Arrick’s to them.

The judge also disagreed with Arrick’s

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Legal Beat second argument in its Motion for Summary Judgment that it had “no duty to maintain the propane lines and fittings because it had no actual knowledge of the hidden dangers posed by the lines and fittings.” The judge pointed out that although Kentucky courts recognize a universal duty of care where each person owes a duty to others to exercise ordinary care to prevent foreseeable injury, a defendant with specialized or superior knowledge regarding the circumstances at issue is held to that higher standard of care. The judge also noted that foreseeable risks are analyzed on the basis of what the defendant knew or should have known at the time of the alleged negligent conduct and that under Kentucky law, Arrick’s had a duty to exercise the ordinary care of a propane gas supplier to prevent foreseeable injury during the installation of the propane tank. The judge determined that although Arrick’s performed a leak check, a factual issue existed as to whether Arrick’s breached its duty to the plaintiffs as far as the sufficiency of the visual inspection of the propane system at the time the

propane tank was installed. Therefore, the judge denied Arrick’s summary judgment motion because a reasonable jury could determine that Arrick’s breached its duty to Kelly and Miller by “failing to conduct an adequate inspection at the time of tank installation.”

Kelly and Miller asserted in their lawsuit that Arrick’s conduct was so egregious that punitive damages were warranted. However, the judge granted Arrick’s Motion for Summary Judgment as far as the punitive damages claim noting that after reviewing the record in detail, there was no evidence which would support anything more than the potential that Arrick’s committed an oversight during the visual inspection of the propane system. In other words, the judge determined there were no facts to support a punitive damages claim for egregious or reckless conduct.

As set out above, the plaintiffs in the referenced case brought a number of claims related to the sufficiency of the initial visual inspection of the propane system and related conduct when the gas company was establishing service at the

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residence, including whether the propane company should have picked up on visual cues as far as an unused buried gas line.

Significantly, neither the five-year time lapse between the initial installation of the propane tank and the incident, nor the unfamiliar existing propane system mattered as far as potential liability- the negligence claim will still turn on whether the propane supplier complied with its duty to conduct a sufficient initial inspection of the entire propane system when it was establishing service at the residence.

The judge’s decision to overrule the propane supplier’s motion underscores key risk management issues not only with respect to a propane gas supplier’s duty to inspect, but also with the scope of customer service agreements.

If you don’t invest in risk management, it doesn’t matter what business you’re in, it’s a risky business. ~ Gary Cohn.

Kathryn A. (“Katy”) Regier is a lawyer with Sandberg, Phoenix & von Gontard, P.C. in its Kansas City, MO office. She can be contacted at: kregier@sandbergphoenix.com.

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Safety Talk

Hazards and Precautions for Propane Transfers Safety Meeting

When working with propane, safety is paramount. The risks and precautions that apply to basic operations, such as filling and transporting cylinders, also apply to other activities. The tips below serve as a reminder of what to be aware of and precautions to follow during all propane transfers.

SAFETY TIPS FOR ALL PROPANE TRANSFERS: 3 Remove all ignition sources, flammable liquids, and combustible

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3 Observe all precautions that apply within the Static Discharge

Control Area.

3 Always wear appropriate PPE. 3 Inspect hoses and fittings before making connections. Correct 3 3

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any deficiencies and replace damaged components before proceeding.

Avoid dragging hoses across the ground when making connections.

Carry valves by the body. Carrying by the handwheel or operating lever can accidentally open the valve. Aim the valve outlet away from yourself and other people.

Know the locations and operating procedures for emergency shutoff valves.

Know your plant’s emergency evacuation procedures, and check that gates are open to provide adequate egress locations in case of emergency.

Take special care when unloading into multiple storage tanks simultaneously. Refer to your plant’s procedures to determine which liquid and vapor valves should be open and closed, and how to monitor tank levels during the transfer.

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3 Per DOT regulations, make sure a “qualified person” is present

during every transfer operation. This person is someone who has been trained on safe work practices, health and safety hazards of propane, and emergency response procedures.

3 In the case of an equipment malfunction that cannot be fixed easily, secure the component if it is safe to do so, and follow your company’s policies and procedures. In some cases, you may need to apply a lock and tag to protect people nearby and prevent any issue.

Discussion Topics 1. As you prepare to fill cylinders on a very busy day, you notice that another employee is working in an area with equipment that blocks the exit. How do you proceed?

2. Why is it important to have a qualified person in attendance during propane transfers?

LEARNING ACTIVITY Stage a common workday scenario or use an illustration with several issues that need to be addressed. Have participants identify hazards and discuss how to remedy.

For more information about hazards and precautions for propane transfers, visit propanesafety.com.

Source: Basic Plant Operations (PERC)

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Inside the Industry

People in Propane Frank Hamilton Derrick, Jr., 88, of Stephenville, passed away in early April. Mr. Derrick at one time was part-owner of one the largest Wurlitzer dealership in the state. Frank served in the Navy during the Korean conflict as an airman third class. His next career move was dairy farming. Santo Propane was his final career choice, and he thrived serving the community. Our thoughts and prayers go out to the family at this time.

the Interior and the Department of Energy.

If the vehicles prove themselves, the park plans to add more to the fleet in the future. The park had already been using propane commercial mowers and now with the stations, it is an added benefit.

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David M. Finder, 67, of Asheville, NC, passed away on April 16, 2017. Mr. Finder was the National Energy Programs manager for Alliance AutoGas, a division of Blossman Propane since 2005. In lieu of flowers, memorials may be made to Care Partners Hospice, Solace Center, P.O. Box 23885, Asheville, NC 28813. Our thoughts and prayers go out to the family at this time.

Brandon Scott Terry was born on April 12, 2017 to proud parents Michael and Amber Terry of Linscot Enterprises. Everyone is doing well.

Congratulations!

Crystelle Markley has joined the executive team at Superior Energy Systems as marketing director. She has spent the last decade in various sales and marketing roles at CleanFUEL USA.

Smokies Get Less Smoky With Propane

Great Smoky Mountains National Park recently unveiled two new propane refuel-

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Inside the Industry pane Council of Texas has reduced the incentive amount per vehicle from $7,500 to $5,000 beginning May 1, 2017.

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tive program has been reduced to $20,000 per qualifying fleet.

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A Look Back…1961 Interesting Tidbits

Method Developed to Desalinate Water Using LPG Butane is used a refrigerant and a melting Agent in the process. A pilot plant for further study is not being built. The salt water is frozen and melted with butane or isobutane in a closed cycle, providing direct contact between the butane and the water in both freezing and melting steps.

Butane dealers were urged to bring their famer customers to the High Plains Research Foundation in Halfway, TX to view research on flame cultivation.

One of every 12 cities in the US with 100,000 plus people is in Texas. Houston ranked #7; Dallas was #14; San Antonio was #17; Fort Worth was #34; El Paso ranked #46; Austin came in at #67; Lubbock was #94.

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Tell Us Something Good

Propane Critical to Non-Profit Kids Camp For Anthony Gronski, summer camp is a training ground for life.

The executive director at YMCA Camp Woodstock, a summer camp and retreat center in Woodstock Valley, Connecticut, says today’s kids are so electronically connected through texting and their phones that it’s difficult for them to learn to build relationships, face to face. Summer camp offers an opportunity to disconnect from the internet and bond with friends in a positive environment, where kids can be kids.

The camp’s remote location, on a pristine 75-acre lake surrounded by woodlands and farms, is an ideal setting to create that environment. So even though there’s no natural gas available and the electric grid can be unreliable, Gronski wouldn’t change a thing. The camp simply turned to propane to fuel the generators, heating systems, and cooking appliances that keep them running in any weather condition.

For institutions and retreats like Camp Woodstock that consider a remote location

to be a selling point rather than a turn-off, propane can play a unique role in offering high-efficiency heating systems and reliable power sources that wouldn’t be available otherwise. That’s particularly vital for nonprofit organizations like the YMCA, where lost revenue from a weekend without power or uncomfortable and upset guests can wreak havoc on an operating budget.

Backup Power Protects Budget and Campers Camp Woodstock, for instance, offers $177,000 in financial aid and scholarships to campers each year. But losing a week of summer camp to a power outage could result in up to $300,000 in losses — and that’s not even including the loss of income from families who decide not to return.

To avoid that scenario, the camp employs eight propane generators, six mobile and two permanently installed, to keep the camp running in an outage.

“Out here, we lose power,” Gronski says.

“We’re mainly wooded and pretty much the way it was since it was incorporated in 1670.” Because the nearby community is so spread out, it’s frequently the lowest on the priority list when power is restored.

“We were the last ones to get power the last time it went out. Everyone here is prepared for it. Everyone has generators.”

The generators are critical to maintaining the camp’s lighting, refrigeration, heating, and particularly the pumps for well water. “That’s just such a comfort to have generators set up, because two things that really can stop camp is water and septic,” Gronski says. “So those generators keep us operating and keep water flowing in both directions.”

Gronski recalls one Labor Day weekend when the camp was hosting its family camp, one of the most popular and busy weekends of the year, and a hurricane came through and knocked out power for most of the state. “We immediately started calling all the families, letting them

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know, ‘Hey, we’re going to be operating.

We’ve got generators. We’re not going to let this prevent your family from having this weekend.’ So we have the generators going, the families came out, and they had a great weekend. And really, that’s one of the weekends I take the most pride in.

In addition to reliable power, Camp Woodstock uses propane throughout the 42 buildings onsite, including lodges, cabins, and meeting spaces. All of the buildings use propane furnaces or boilers for space heating. Three centralized bath houses use boilers for hot water, and the lodges use propane storage tank water heaters for their bathrooms. Two of the lodges also have propane fireplaces.

Just as crucial to the success of the camp, however, is a dining hall that serves three meals a day to 400 people onsite.

The kitchen uses propane to fuel convection ovens, grills, and a large kettle that can handle 40 pounds of pasta. “It’s really critical that our dining hall can maintain operation, regardless of the weather, without power,” Gronski says. “We really rely on the propane to continue to flow even when we lose power.”

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Troy Hicks, Northwest Propane, educates Earth Day Texas attendees on propane autogas at the AFV Pavilion at Fair Park. Thank you to LKQ/Keystone Automotive for letting us to borrow your newly converted box truck for the Propane Education & Research Council/Propane Council of Texas booth.

Tommy Lemonis of Green’s Blue Flame Gas, an Alliance Autogas partner, poses with Blue at the Alternative Fuel Vehicle Summit at the Earth Day Texas in Fair Park and shows off their beautiful propane-powered Ford Taurus.

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Texas Propane • www.txpropane.com

TPGA President Ben Wood, Northwest Propane; Darryl Spencer, DART; Harris Baker, Alliance Autogas; and Dalton Pratt, Texas Department of Transportation (TX DOT), educate AFV Summit/Earth Texas attendees about gaseous fuels including propane and CNG. TX DOT reported that they have 618 propane-powered vehicles in their fleet. Earth Day Texas is the largest Earth Day event in the world with 150,000 attendees, which include everyone from U.S senators to Fortune 500 Sustainability Directors to masses of school children.

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Calendar May

1-4 ACT Expo Long Beach, CA 4-5 (Groups G-L ) NPGA Benchmarking Council Meeting Dallas, TX 10-11 PERC Advisory Meetings Detroit, MI 15 TPGA Scholarship Deadline 23 Propane Forklift Summit Chicago, IL 24-25 TPGA Board & Related Committee Meetings Fredericksburg, TX 29 Memorial Day TPGA office closed

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Index to Advertisers JUNE

18-21 Propane Days Washington, DC 22 Fleet Day at Circuit of the Americas Track Sponsored by LSCFA Clean Cities Austin, TX 30 TPGA Conference Early Bird Registration Cut-off

JULY

4 Independence Day TPGA office closed 11-12 PERC Council Meeting Denver, Colo.

14 TPGA Conference Hotel Discount Deadline

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Propane With Purpose

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TPGA SPRING BOARD MEETING

COMMITTEE MEETINGS • MAY 23-25, 2017

SCHEDULE

May 23, 2017 2:00p – 6:00p Executive Committee Dinner on your own May 24, 2017 8:30a – 10:00a Nominating Committee 10:15a – 11:30a Ad hoc Committee on District Meetings Lunch on your own 1:00p – 2:30p Membership Committee 2:45p – 4:00p Legislative Affairs/Technical & Standards 4:15p – 5:30p Scholarship Foundation 5:45p – 6:45p Associate Supplier Meeting 7:30p Dinner May 25, 2017 8:00a – 9:00a 9:30a – 12:30p

Finance Committee Board of Directors

All meetings take place at the Hoffman Haus.

Dinner

Baker Ranch 930 Camp House Road Fredericksburg, TX Harris & Emily Baker have invited the group out to their Fredericksburg ranch house for barbecue.

Please RSVP for the meetings and dinner so that we have enough meeting materials, seating, and food at dinner.

The Associate Supplier meeting convenes to elect board members for their upcoming terms.

To RSVP for the meetings and dinner, contact Debbie Simpson at 800.325.7427 or dsimpson@txpropane.com.

Hoffman Haus 608 East Creek St Fredericksburg, TX 830-997-6739

To take a look at the different rooms, go to www.hoffmanhaus.com. A pricing list is attached for each room.

Breakfast is included and delivered in a basket to your door each morning. The quantity of rooms available here is limited. When making your reservation, let them know you are coming in for the TPGA Board Meeting. Please make your reservations before May 2, 2017.

Participants are responsible for making their own accomoations.

The Hampton Inn at 515 East Main St will serve as the overflow hotel. Contact them directly at 830.997.9696 and tell them you are in town for the TPGA Board Meeting.

Special rate valid until May 12, 2017. A room block has not been secured.

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