MARCH/APRIL 2014
VOLUME 63, No. 3
ALABAMA PROPANE GAS
ASSOCIATION NEWS
www.alabamapropane.com
APGA
64th Annual Convention
Grand Hotel Point Clear Resort & Spa
Point Clear, AL
July 10-12, 2014
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 1
PAGE 2
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION NEWS
2013-2014 OFFICERS
President ..........................................Vacant
Vice President ....................Debbie Cannon
Treasurer ..............................Jason Gamble
Secretary ...........................Michael Toomey
Imm. Past President .......... Bill Montgomery
2012-2013 DISTRICT DIRECTORS
Southwest .............................Chad Chavers
Southeast .................................Ed Balkcom
Northwest ......................... Brad Drummond
Northeast ..................................Bill Hassard
NPGA STATE DIRECTOR
Jeff Gresham
VOL. 63 NO. 3
Inside This Issue...
8
Alabama Clean Cities Coalition Recognized
9
Websites to Remember
10-13 APGA Annual Convention Registration
SUPPLIER MEMBER
REPRESENTATIVE
Rick Foster
14-16 Propane Heater Manufacturer Wins Most
Motions
STAFF
Executive Director ............................ Lisa F. Hill
Safety & Education Director ......Mike McGough
Receptionist/Secretary .......Mary Lou Trammell
Lobbyist ..................................... Mike Weeks
17
PropaneKids.com Coloring Book
Alabama Propane Gas Association
173 Medical Center Drive
Prattville, AL 36066
334-358-9590
Fax: 334-358-9520
E-mail: [email protected]
Web Site: www.alabamapropane.com
DEPARTMENTS
Fire Safety Analysis and
Operations & Maintenance
Manual Training
5
5/20/14 - Cullman
5/22/14 - Prattville
6
Executive Director’s Message
7
Safety & Education
18
Dates To Remember
18
Index of Advertisers
LP Gas Board-Comments
& Reviews
United We Stand
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 3
Y
ou are connected. Connected to
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alleviate risk in your propane business,
contact DJ Williams at 800-393-7520,
[email protected]; or
George Lipford at 800-338-0232,
[email protected].
PAGE 4
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
Comments &
Reviews
LP Gas Board
by Mark Nelson, Administrator
The Alabama LP-Gas Board held its regular quarterly
totaling $1,325
meeting on April 10, 2014. The board held a public hear• Failure to use scales to fill cylinders; 6 offenses totaling
ing related to the adoption of the 2011 edition of NFPA 58.
$2,760
While comments presented in opposition to the adoption
• Failure to perform a visual inspection of a cylinder prior
requested deletion or a reduction in certain parts of the
to filling; 6 offenses totaling $1,495
code, the board voted 5-1 to adopt the code as petitioned.
• Failure to provide Certification paperwork; 1 offense
The only modifications to the code were basically timetotaling $900
lines allowed for compliance. For example, internal valves
• Failure to install a plug in a valve opening when rerequired in bulk storage tanks will have an installation
quired; 1 offense totaling $50
period of five years to achieve compliance. More detailed
• Loading a 100 lb. cylinder horizontal after filling; 1 ofinformation related to the new code will be provided at the
fense totaling $225
district meetings of the Alabama Propane Gas Association
• Filling a cylinder without an OPD valve; 1 offense totalApril 29th and May 1st.
ing $175
In addition to the adoption of the 2011 edition of NFPA
The next regular meeting of the Alabama LP-Gas Board
58, state legislation sought by the board and industry was
will be July 02, 2014, 10:00 a.m., at the AUM Center for
passed after efforts over three legislative sessions. Most of
Lifelong Learning, 75 Techna Center Drive, Montgomery,
the legislation will have little recognizable change for the
AL 36117. Check our website at www.lpgb.alabama.gov
day-to-day operations of Class A and B-1 permit holders.
for a map with driving directions. You are invited and
At the next board meeting, a public hearing will be held to
encouraged to attend.
address deletion or amendment of certain regulations due
to these changes in the law. Those proposed
changes can be viewed on our website.
The one change in the law that is significant to Class A and B-1 permit holders is the
elimination of off-premise cylinder filling
stations acting as agents. Effective June 01,
2014, off-premise cylinder filling stations
will no longer be established without first
obtaining a Class F permit. Those already
in existence as agents of Class A or B-1
permit holders will have until August 01,
2015 to obtain a Class F permit. There are
new Class F permit application packages,
and they may be obtained by contacting
Connections
the board office or visiting the board webfor America’s Energy
site. Off-premise cylinder filling dispensers
Inergy has a new name … Crestwood … and increased capabilities to
serve your propane supply needs. With assets in every premier shale
that have not acquired a Class F permit by
play across the 8.6. § as well as a growing transportation ³eet and long
term agreements with producers – we offer you greater assurance of
August 01, 2015 will be condemned until a
Max Johnson
propane supply and complete risk management services that increase
Regional Analyst
your pro²tability. )or a propane supplier that is reliable responsive
permit is issued.
Southeast
and timely in connecting propane supply with demand we invite you to
[email protected]
The board approved settlement agreements
connect with Crestwood.
D: .
C: .
for code violations that included the follow<ahoo I' maxjohnson
ing fines:
7wo %rush Creek %lvd. 6uite .ansas City 02 .
crestwoodlp.comwholesale
• Filling out-of-date cylinders; 6 offenses
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 5
Executive Director’s Message
Well, let me start with the obvious...my name has changed from
Fountain to Hill. Yes, I got married to Jason Hill on March 15th.
Jason is the President of Wiggins
Services, Inc. in Montgomery.
They do commercial electrical
services nationwide. I am so
thankful to God for placing this
Lisa Hill
wonderful man in my life.
APGA is in full swing with its
educational training schedule. Please visit our website
at www.alabamapropane.com to see a complete list of
courses being offered this year. In addition, remember that
APGA has a list of courses that it will bring to you for a
small fee.
Alabama Adopts the 2011 NFPA 58
As many of you are aware by now, the Alabama LP Gas
Board adopted the 2011 NFPA 58. APGA requested and
received a grant from REAC to purchase the 2011 NFPA
58 HANDBOOK for each office. In addition, we have
purchased the Cathodic Protection manual from PERC for
each office. You will be receiving these publications by
the first of May.
Training Requirements in the 2011 NFPA 58
Section 4.4 Qualifications of Personnel states, “Persons
who transfer liquid LP-Gas, who are employed to transport
LP-Gas, or whose primary duties fall within the scope of
this code shall be trained in proper handling procedures.
Refresher training shall be provided at least every 3 years.
The training shall be documented.” Therefore, as you can
see, you will be responsible for providing refresher training every three years. The 2011 NFPA 58 HANDBOOK
states, “The requirement for refresher training every three
years recognizes that ongoing reinforcement of training is
needed, especially for tasks that are not normally part of
the job function, but that the employee may be called on
to do. For example, a bobtail driver may occasionally be
called on to fill cylinders at a dispensing station at the propane company’s plant. The driver clearly must have been
trained on filling stationary tanks, but must also be trained
to fill cylinders.”
On a quarterly basis, APGA offers Hazardous Materials/Security Awareness training, one with Bobtail Delivery
REFRESHER training and one with Service Personnel REFRESHER training. This course will satisfy the refresher
training requirements under the 2011 NFPA 58 code.
Training to Assist Dealers with Creating a Fire Safety
Analysis and an Operations & Maintenance Manual
Another requirement of the 2011 NFPA 58 is a fire safety analysis and operations & maintenance manual. APGA
will hold two courses to walk dealers through the use of
PERC material that will help in creating these items for
each company. The courses will be May 20th in Cullman
and May 22nd in Prattville. You should have received the
course information. Please do not miss this opportunity.
If APGA can be of assistance in other ways, please do
not hesitate to contact us.
PAGE 6
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
Safety & Education
As most of you are aware, during a recent meeting of
tems include not only the anode
the Alabama LP Gas Board, the 2011 edition of NFPA 58
system, but also the coating on the
Code was adopted. This was the first adoption of updated
container and the means to test the
code since 1998. One of the regulations in the newer code
performance of the system. Also,
that received a lot of discussion focused on cathodic proelectrical insulation of the container
tection.
from metallic piping may be necesRegulations in many states require that underground
sary using a dielectric fitting or other
tanks must have a cathodic protection system to help precomponent designed for that purvent corrosion of the tank, which over time, can create pits
pose.
or holes in the tank and/or lines. Without proper protecOnce a cathodic protection systion, leaks can occur, resulting in personal injuries and
tem is installed, testing must be
Mike McGough
property damage.
performed by a qualified service
According to NFPA 58, this significant new requirement
technician, according to a specified
in the 2011 edition mandates the use of cathodic protecschedule, and the results of the testing must be documenttion on all new underground containers. It recognizes that
ed. The initial testing should occur upon installation, uncathodic protection is a practical way to protect underless weather conditions prohibit. In such case, testing must
ground containers from the normal type of corrosion that
be completed within 180 days of installation. The second
is encountered. The cathodic protection system normally
test should occur twelve to eighteen months after the initial
used for underground propane containers consists of the
test. Periodic follow-up testing shall be performed at intertank, an anode, a sacrificial mass of metal (usually magnevals not to exceed thirty-six months. Systems failing a test
sium), and a wire to electrically connect the anode to the
shall be repaired as soon as possible.
tank. When the tank’s coating fails, the magnesium will
The results of the last two tests must be kept to docucorrode before the steel tank does. Section 6.6.6.1 (I) (3)
ment that the cathodic protection is working properly.
requires the cathodic protection system to have a means to
Customers who own their tanks are responsible for meettest the performance of the system and section 6.6.6.1 (K)
ing the testing requirements and for maintaining the docuspecifies the testing schedule. Monitoring is done with a
mentation.
volt meter and copper/copper sulfate cell.
Step-by-step methods for cathodic protection are availThe requirement for providing cathodic protection is
able in manual and DVD formats from APGA or PERC.
not retroactive. Thus, there is no requirement to install
Also, the same information is located in the 2011 edition
cathodic protection systems on all existing underground
of NFPA 58, Supplemental 5, pages 575-584.
tanks. The new requirements
do not require testing of previously installed underground
tanks with cathodic protection
systems. This does not prohibit
testing of existing cathodic protection systems, and it may be a
Contact Joey Johnson
good practice.
It makes sense that all
for pictures and prices
underground tanks must be
TODAY!
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as all above ground tanks must
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rosion. Corrosion of propane
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must be minimized, as failure
to do so leads to leaks and tank
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failures.
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Used LP Gas and
Fuel Hauler Bob Tails FOR SALE!
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 7
Alabama Clean Fuels Coalition
recognized for its work to promote
propane as alternative transportation fuel
The Alabama Clean Fuels Coalition was one of five Clean Cities coalitions nationwide whose work to promote propane
was recognized in Washington, D.C., last week by the Propane Education & Research Council.
In winning the inaugural Outstanding Propane Supporter award, the Alabama Clean Fuels Coalition was cited for its
work with a large number of propane stakeholders, including propane retailers AmeriGas, Allgas, Blossman Gas, Ferrellgas and Heritage Propane; ROUSH CleanTech, a propane autogas vehicle technology company; Precision Sales &
Service, a propane conversion company; and the Alabama Propane Gas Association.
“Propane is a terrific alternative for anyone interested in saving money, limiting air pollution, and reducing dependence
on foreign oil,” said Mark Bentley, executive director of the Alabama Clean Fuels Coalition. “We’ve been delighted to
play a role in the growing use of propane to fuel fleets operated by private companies and government agencies in Alabama.”
Photo shows ACFC’s Mark Bentley receiving award from PERC CEO/President Roy
Willis (left) and PERC Chief Business Development Officer Tucker Perkins (right).
Among the government agencies and
municipalities using propane for transportation are the City of Mobile, the Lee County
Sheriff’s Office, the Department of Agriculture and Industries and the Alabama Department of Corrections, Bentley said.
Other Clean Cities organizations to receive
recognition were the Greater Indiana Clean
Cities Coalition, Clean Fuels Ohio, DallasFort Worth Clean Cities, and Virginia Clean Cities.
“Our Outstanding Propane Supporter award winners are examples of how public and private partnerships in the transportation sector are creating a cleaner future for fleets and communities nationwide,” said Roy Willis, president and CEO
of the Propane Education & Research Council.
The Alabama Clean Fuels Coalition, a nonprofit membership-based organization, is the state’s principal coordinating
point for alternative fuels and a member of the U.S. Department of Energy’s Clean Cities program. The promotion of
clean, renewable, domestic energy sources helps reduce our dependence on foreign oil, improves local air quality, and
increases economic development investments in our local communities. For more information, please visit www.alabamacleanfuels.org or call 205-402-2755.
PAGE 8
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
Websites to Remember
Alabama Propane Gas
Association
www.alabamapropane.com
Alabama Liquefied
Petroleum Board
www.lpgb.alabama.gov
TRI-STATE DISTRIBUTORS, INC.
WATER HEATERS
KOSAN REGULATORS
x
x
Available in
diﬀerent sizes,
LP and Natural.
Call Today!
NE
W
Aluminum Body
Various Sizes and Stages available
Fireplaces, Logs, Heaters, Stoves, Grills, Water Heaters, Parts And So Much More
8 Loca ons Strong For All Your Propane Needs
Royston, GA
Athens, GA Augusta, GA Collins, MS Gainesville, GA Greenville, SC Montgomery, AL Ocala, FL
877-549-8009 866-736-4560 866-391-5535 800-886-1232 877-549-8009 800-221-7902 800-476-0172 800-476-6164
Kevin Green - Serving Alabama - 334-221-6608 or (Montgomery, AL 800-221-7902)
Email: [email protected] Visit Our New Web Page at www.tri-statedistributors.com
1-800-476-6164 - ROYSTON, GA • ROBERT HERNANDEZ - SERVING GEORGIA • (770) 468-4683
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 9
APGA Annual Convention
The Alabama Propane Gas Association is holding it's
64th Annual Convention at The Grand Hotel in Point
Clear, AL on July 10-12, 2014. The Convention Committee is excited about this year's location and agenda.
The convention will start Thursday evening, July 10th
with the Welcome Reception sponsored by the APGA
Supplier Fund. After the reception, enjoy dinner at The
Dining Room restaurant on the property or venture out to
one of the local eateries.
Friday, July 11th, will start with the Suppliers meeting
followed by the APGA Annual Board of Directors/Membership meeting. After the meeting, the NPGA
President will discuss issues from this past winter and what efforts
NPGA is involved in on the national level to address some of those
issues. Since the hotel has such a beautiful pool area, we have decided to break for the afternoon and enjoy the surroudings. You will
pick up a box lunch outside the pool area (additional box lunches for
family members can be purchased on the registration form). Drink
tickets to be used in the pool area are being sponsored by Gamble
Marketing Group and CUI. Spend the next several hours networking
with other industry members around the pool or enjoy one of the other
complimentary amenities such as horseshoes, croquet, bayside putting green, board games, kayaks,
hobie cats, sail boats, tennis, or bikes. If you are interested in taking advantage of the resort's awesome Spa, contact the resort now to make a
reservation for a treatment either on Thursday or Friday and receive
a discount of 10% (discount not available on Saturday). You will
have plenty of time for a lovely dinner before heading to the Ice
Cream Social and Reverse Raffle Friday evening. All registrations
include one Raffle Ticket per person (additional raffle tickets can be purchased on the
registration form). One hundred (100) tickets will be sold and the last ticket drawn will win $1,000 in
cash (additional prizes will be distributed throughout the event). The funds raised will support the "Don
Haden Scholarship" and the "David Reaves Scholarship". Both scholarships provide $3,500 to deserving employees or children of employees within the propane industry.
We are excited to offer "Pastries & Paint" this year. It will begin at 9 a.m. on Saturday, July 12th. No
matter your age or talent...Kelly Denton can make you an artist in two hours! Come enjoy the fellowship as we create a masterpiece. Pastries & Beverages are being sponsored by Gas
Equipment Co. and Martin Gas Sales. The GOLF SCRAMBLE will take place at the
Lakewood Golf Club (a Robert Trent Jones course on property) with the first tee time
at 9:40 a.m. The fee includes the green fee, cart rental, two drink tickets and prizes. A
box lunch is being sponsored by Alliance Collection Service. A list of teams will be
available during the Welcome Reception. The final event will be a Welcome to L.A.
(Lower Alabama) Dinner with an upbeat band to relax the night away. During this
event, we will draw for a one night stay at The Grand Hotel.
The APGA Annual Convention has always been a family friendly event. I encourage
you to bring your family and meet up with old industry friends and new ones as well at one of the
loveliest spots in Alabama. I look forward to seeing you there!
PAGE 10
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
Paint Slingers is coming to our convention!
“Pastries and Paint”
9 a.m. on July 12th
Gas Equipment Co. and Martin Gas Sales are co-sponsoring the pastries and beverages for this event
Join the fun at this “no prior painting experience needed” painting party! Come create your own
unique monogram painting on wood...easy and fun! This project is designed to give everyone a good
result and you’ll enjoy seeing it hang in your home for years to come. We will have fun monogramable
paintings for the children too! Everything we need will be waiting on us there…brushes, paints, table
easels, and an apron to protect our clothes. It’s going to be a great time as we paint and visit.
Paint Slingers is staffed by certified art teachers who have been teaching and running painting parties
for over ten years. Paint Slingers’ goal is for you to go home with a painting you are proud to show off.
Sign up on the convention registration form. $40 per person.
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 11
Alabama Propane Gas
Association
Annual Convention
July 10-12, 2014
Agenda
Debbie Cannon, Vice President & Convention Chairman
Thursday, July 10, 2014
TIME
4:30 p.m. - 7:00 p.m.
6:00 p.m. - 7:00 p.m.
EVENT
Registration
Welcome Reception (Sponsored by Supplier Fund)
Friday, July 11, 2014
TIME
8:15 a.m. - 8:30 a.m.
8:30 a.m. - 10:15 a.m.
10:30 a.m. - 11:15 a.m.
11:30 a.m. - 12:00 p.m.
EVENT
Suppliers Meeting
APGA Board of Directors/General Membership Meeting
Industry Speaker
Pick up Box Lunch outside pool area (Drink tickets Sponsored
by Gamble Marketing Group & CUI)
8:30 p.m. - 10:00 p.m.
Ice Cream Social and Reverse Raffle (fundraiser for the APGA
Scholarship Program)
Saturday, July 12, 2014
TIME
9:00 a.m. - 11:30 a.m.
EVENT
"Pastries & Paint" (Pastries & Beverages Sponsored by
Gas Equipment Co. & Martin Gas Sales)
9:40 a.m. - until
Golf Scramble at Robert Trent Jones Course (Box lunch
6:00 p.m. - until
Welcome to L.A. (Lower Alabama) Dinner/Band
Sponsored by Alliance Collection Service)
Dress Code
Fishing
APGA has not officially scheduled a fishing trip.
However, David Reaves is working on lining a trip up
if others are interested. Please contact David directly
at 334-224-9757.
PAGE 12
ALABAMA PROPANE GAS ASSOCIATION
All events are
Resort Casual
MAY/JUNE 2014
Name:
Advanced Registration
Alabama Annual Convention
The Grand Hotel, July 10-12
Spouse/Significiant Other:
Company:
Email Address:
Telephone:
Cancellation Policy
Single Registration
$380.00
$______
$580.00
$______
Since the Association must give
a guaranteed number of attendees for events several days in
advance, the cancellation policy
will be as follows:
(includes 1 Reverse Raffle Ticket)
Couple Registration
(includes 2 Reverse Raffle Tickets)
(above registrations also include: Welcome Reception, Board Meeting,
Family Fun Lunch, Ice Cream Social, and Dinner/Band)
· Full refund on or before
June 20
· 1/2 refund on or between
June 21-June 30
CONVENTION ACTIVITIES
FRIDAY
Extra Reverse Scholarship Raffle Ticket
NUMBER
$50
SATURDAY
Golf Scramble
$130*
* fee includes green fees, cart, 2 drink tickets and prizes
________
$______
_______
$______
_______
$______
· No refund on or after July 1
** If you fax or email your registration form, you are considered pre-registered and must
call to cancel your registration.
(box lunch Sponsored by Alliance Collection Service)
(handicap required for each player)
Names:_________________________
_________________________
Handicap:______
______
Pastries & Paint
$40
(Pastries & Beverages Sponsored by Gas Equipment Co. & Martin Gas Sales)
ADDITIONAL TICKETS available for family members/guests not involved in the
propane industry and therefore not paying convention registration fees.
FRIDAY
Family Fun Lunch (includes box lunch)
(included in registrations above)
Extra Adult Ticket
$25
Child Ticket (17 and under)
$15
_______
_______
$______
$______
Ice Cream Social (included in registrations above)
Extra Adult Ticket
$30
Child Ticket (17 and under)
Free
_______
_______
$______
_______
_______
$______
$______
SATURDAY
Dinner/Band (includes dinner & 2 drink tickets)
(included in registrations above)
Extra Adult Ticket
$135
Child Ticket (17 and under)
$40
Total Registration Amount
$________
NON-MEMBERS - Individuals from non-member companies will be charged a $150 additional
convention registration fee. Please add this charge to your Total Registration Amount.
___MasterCard
___VISA
___American Express ___Discover
Name of Card:_____________________________________________________
Card Number:_____________________________________________________
Exp. Date:________________
Billing Zip Code:_____________________
CVV: ________ (last 3 digits on back or 4 digits on front above # for AmEx)
Signature:________________________________________________________
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
Hotel Information
To make your room reservation at The Grand Hotel for
July 10-12, 2014, call
(800) 544-9933
Be sure to indicate you
are with the Alabama
Propane Gas Association
To make a reservation
on-line, go to:
www.marriottgrand.com
In the check rates &
availability box, select
dates then click special
rates and enter group
code: apgapga
ROOM
RESERVATION
DEADLINE
June 9th
Return Forms and
Payment To:
Alabama Propane
Gas Association
173 Medical Center Dr.
Prattville, AL 36066
334-358-9590
334-358-9520 FAX
PAGE 13
Propane Heater Manufacturer
Wins Most Motions in Illinois
Carbon Monoxide Lawsuit
Mark F. Krause
A carbon monoxide poisoning lawsuit against a propane
heater manufacturer is proceeding to trial after a series of
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.
PAGE 14
The heater
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, 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 non-economic 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.
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
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 on-product 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 heater
were among the affirmative defenses attacked by the Underhills.
The decisions on the Underhills’ motions
On February 14, 2014, the Court rejected all four of the
Underhills’ motions seeking to establish material facts in
their favor. The Court noted an opinion by an expert for
The Coleman Company, Inc. that he could not rule out
other potential sources of carbon monoxide in rejecting the
Underhills’ request for a determination that the propane
heater was the sole source of carbon monoxide.
The Court also decided the jury should decide whether
Galen Underhill and/or Sean Underhill read or noticed the
warnings on the propane heater. The Court also decided
against the Underhills on their effort to establish that
Galen Underhill and/or Sean Underhill did not know that
the propane heater generated carbon monoxide. The Court
noted that persons who had camped previously with the
Underhillls expressed concern about the use of the heater
in unventilated areas in ruling that the jury, as the trier of
fact, should decide the issue.
On the affirmative defenses, The Coleman Company,
(continued on next page...)
WIP 2014 Calendar of Events
May 2014
May 15 - 17, 2014
Western Propane Gas
Convention –
Reno, NV
Friday, May 17
3:00pm – 4:30pm
Seminar: Power
Networking – Beyond
Golf and Scotch
4:30pm – 6:00pm
Reception: Power
Networking – Chain
Reaction
June 2014
WIP would like to
thank the following
sponsors supporting
us at this event:
Viking Propane
United Pacific Energy
Adler Belmont
Dye Insurance
Dassel’s Petroleum
Energy Insurance
Services
Kiva Energy
Sequoia Gas
Shasta Gas
August 2014
October 2014
June 10, 2014
August 21, 2014
October 26-28, 2014
Ray Murray Inc. Open
House – Lee, MA
WIP will host a booth at
this day-long, invitationonly event. Additionally,
WIP will present a
keynote speech and
customer service/sales
seminar.
Bergquist Open House –
Bowling Green, KY
9:00am – 12:00pm
WIP will host a booth
at this trade show/
educational industry
open house. In addition,
WIP will present a
workshop on customer
service/sales.
NPGA Fall Board
Meeting – Miami, FL
(in conjunction with the
World LPG Forum)
Sunday, October 26
WIP Council
Annual Meeting
3:00pm – 5:00pm
Monday, October 27
WIP Networking
Luncheon
11:45am – 1:00pm
[email protected]
www.npga.org/wip
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 15
(...continued from precious page)
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.
The Coleman Company, Inc.’s motions
The 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
The Underhills abandoned their oxygen depletion switch
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Alabama Propane GAs Association
(334) 358-9590
PAGE 16
claim, so the Court was left with deciding whether The
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.
The Court, however, rejected The Coleman Company,
Inc.’s motion for summary judgment on the manufacturing
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.
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).
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
MTankCo Supply, LLC
7074 302 Industrial Dr. | Southaven, MS 38671
ph 800.235.3528 | fax 662.349.1346
MTankCo.com | [email protected]
NEW
s
For use with LPG and LH3
Tranfer Systems
s
Reduces product emissions
99.6% over standard valve
combinations
s
100% compatible with all existing
acme transfer connections
s
Heavy duty spring loaded
safety latch prevents accidental
opening of valve
s
Cam operated vapor equalization
feature for smooth valve
operation
s
All stainless internal components
s
Factory installed hydrostatic
relief valve and more
ME807
ME135
Acme Fill Coupling
!
EC
M
m
o
r
f
Turbo-Flo LE
Dry Break Transfer System
Revolutionary system is a safe, ergonomic and efﬁcient way to transfer applications
while increasing productivity and dramatically reducing fugitive product emissions.
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.
Make your next purchase a
Kohler Propane Generator.
It will put you back in control and let you face that next outage head-on.
This 11” x 9 “, 16 page coloring book brings to print
the web pages from www.PropaneKids.com. It’s
already proven to be a valuable resource in reaching
out to the community to show commitment to the
health and safety of children and their families.This
coloring book can be used at customer appreciation
and community events. Let Scout and his friends
educate members of your community about propane
safety. (25/pk) $14.00 per pk.
To order, call APGA at 334-358-9590.
800.448.9504
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 17
Dates To Remember
Advertisers
Alabama Propane Gas Association .......................16
May
7
14
20
22
26
June
2-4
3
18
19
July
2
4
10-12
15
16
22
23
Reasonable Suspicion/DOT Compliance - Prttville
Serviceman’s Conference - Hoover
Fire Safety Analysis/Maintenance & Operations Manual
Training - Cullman
Fire Safety Analysis/Maintenance & Operations Manual
Training - Prattville
APGA Office Closed
Bergquist ...............................................................17
Cenex ......................................................................4
Crestwood ...............................................................5
Dealers LP Equipment...........................................20
NPGA Propane Days - Washington, DC
Conversions & Venting Systems - Prattville
RINNAI Training - Prattville
RINNAI Training - Prattville
Gardner Marsh ........................................................2
Gas Equipment Co. ...............................................18
Alabama LP Gas Board Meeting - Montgomery
APGA Office Closed
APGA Annual Convention - Point Clear, AL
Hazardous Materials/Security Awareness for New
Hires/CSR’s - Prattville
Hazardous Materials/Security Awareness with Bobtail
Refresher - Prattville
Hazardous Materials/Security Awareness for New
Hires/CSR’s - Cullman
Hazardous Materials/Security Awareness with Service
Refresher - Cullman
Mississippi Tank Co. ................................................6
MTankCo Supply ...................................................17
Scott Petroleum .......................................................7
Southeast LP Tank Inspections ...............................9
Targa......................................................................14
Thompson Gas ......................................................19
August
14
APGA Committee Meetings - Prattville
26-28 Basic Principles & Practces - Prattville
Tri-State Distributors ................................................9
Women in Propane ................................................15
The Smart-Hose™ LP Facility Hose
Authorized Stocking Distributor for
The Smart-Hose™ Facility Hose has all of the same attributes as
the well known Smart-Hose™ for LP tank trucks that is being used
by thousands of trucks on the road today to comply with HM-225
under 49 CFR 173.315 less DOT certificate to reduce cost.
We stock the parts and systems you need
with common items such as:
“The Smart-Hose Facility Hose Complies with NFPA 58,
2014 §6.19.2.6(3) Facility Hose Regulations”
•Transmitters & Cases
•Antennaes & Coaxial Cables
Features:
• Hose end plunger closes automatically in the event
of vehicle pull away or hose rupture.
• Provides for a safer work environment.
• Price is comparable to standard hose assemblies
lacking integral safety features.
•Relays & Passive Shutdown Parts
Plus a variety of miscellaneous parts ready for
next day delivery with great shipping rates.
Smart-Hose™ Lifeline 3 Open Position
Smart-Hose™ Lifeline 3 Closed Position
Shown with Optional Breakaway Feature
To view a demo of this product go to the GEC YouTube Channel
www.youtube.com/gasequipmenttv
www.gasequipment.com
To view a demo of this product go to the GEC YouTube Channel
www.youtube.com/gasequipmenttv
Atlanta GA
Dallas TX
Fayetteville NC
(800) 241-4155
(800) 821-1829
(800) 447-1625
Houston TX
Indianapolis IN
Kansas City MO
(800) 334-7816
(800) 241-1971
(800) 821-5062
Little Rock AR
Orlando FL
Richmond VA
St. Louis MO
(800) 643-8222
(800) 821-0631
(800) 368-4013
(800) 423-4685
Gas Equipment Co. TV - www.youtube.com/gasequipmenttv
Debbie Cannon
PAGE 18
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014
MAY/JUNE 2014
ALABAMA PROPANE GAS ASSOCIATION
PAGE 19
ALABAMA PROPANE GAS ASSOCIATION
173 Medical Center Drive
Prattville, AL 36066
Presorted Standard
U.S. Postage
PAID
Permit No. 456
Montgomery, AL
May/June
Your
SINGLE SOURCE
for
and many, many more!
Stop in and see us!
1405 Sinnett Avenue • Dothan, Alabama 36303
800-433-8925
PAGE 20
ALABAMA PROPANE GAS ASSOCIATION
MAY/JUNE 2014