Petroleum Marketing Practices: Hearing Before the Subcommittee on Energy and Power of the Committee on Energy and Commerce, House of Representatives, One Hundred First Congress, Second Session, on H.R. 830, a Bill to Amend the Petroleum Marketing Practices Act, June 7, 1990, Volume 4U.S. Government Printing Office, 1990 - 137 pages |
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100th Congress adult child Amerada Hess American Petroleum Institute Amoco Oil ancillary agreements anticonsumerism arbitrary or discriminatory ARCO bill business judgment California Chairman changes or additions Chevron dealers Chiles Committee Report competitive Congress consumers contract convenience store course of business credit card DANNEMEYER Darling DECOTA discriminatory termination Drazin economically necessary enacted failure to agree fair and reasonable franchise agreement franchise relationship franchisor gallons per month gasoline marketing independent dealers investment Jerry Ferrara jobbers legislative history lessee dealer litigation major oil companies Marketing Practices Act Mobil Oil Corp motor fuel NIELSON nondiscriminatory normal course objective standard percent Petroleum Marketers Association Petroleum Marketing Practices PMAA PMPA amendments PMPA's problems proposed amendments proposed changes protection provisions of PMPA reconstruction refiners renewal rent increase rental Senate Report Service Station Dealers SMITH spouse or adult statute Subcommittee Supp supra termination and nonrenewal termination or nonrenewal testimony Texaco tion underlying lease
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Page 45 - Association Oregon Petroleum Marketers Association Pennsylvania Petroleum Association, Inc. Petroleum Marketers Association of Wisconsin South Carolina Oil Jobbers Association South Dakota Petroleum Marketers Association Tennessee Oil Marketers Association Texas Oil Marketers Association Virginia Petroleum Jobbers Association Washington Oil Marketers Association Western Petroleum Marketers Association West Virginia Petroleum Marketers Association Wyoming Petroleum Marketers Association The Petroleum...
Page 31 - The receipt of numerous bona fide customer complaints by the franchisor concerning the franchisee's operation of the marketing premises, if — (i) the franchisee was promptly apprised of the existence and nature of such complaints following receipt of such complaints by the franchisor; and (ii) if such complaints related to the condition of such premises or to the conduct of any employee...
Page 38 - These marketers sell approximately 50 percent of the gasoline, 75 percent of the home heating oil and 60 percent of the diesel fuel sold in this country.
Page 53 - Section 102(b)(2)(A) [15 USC 2802] of PMPA allows termination of a franchise' or non-renewal of a franchise relationship if the franchisee fails to comply with a provision of the franchise which is both reasonable and of material significance to the contract. If a dealer attempts to challenge a termination on these grounds, the termination will be upheld if the contract provision is reasonable.
Page 31 - ... such changes or additions are the result of determinations made by the franchisor in good faith and in the normal course of business; and (ii) such failure is not the result of the franchisor's insistence upon such changes or additions for the purpose of preventing the renewal of the franchise...
Page 31 - ... the result of determinations made by the franchisor in good faith and in the normal course of business; and (ii) such failure is not the result of the franchisor's insistence upon such changes or additions for the purpose of preventing the renewal of the franchise relationship.
Page 86 - SIGMA is a national trade association comprised of approximately 285 independent marketers and chain retailers of motor fuel. SIGMA's members market motor fuel in all 50 of the states and their sales constitute between 15 and 20 percent of the US retail market for motor gasoline. SIGMA's members built their businesses on their marketing efficiencies. They have been pioneers in developing such pro-competitive marketing concepts as selfservice and high volume/low margin retailing.
Page 40 - One test is whether the determination was made 'in good faith' . This good faith test is meant to preclude sham determinations from being used as an artifice for termination or non-renewal. The second test is whether the determination was made 'in the normal course of business'.
Page 15 - API represents approximately 400 companies involved in all aspects of the oil and gas industry, including exploration, production, transportation, refining, and marketing.
Page 35 - Contracts with both its two-party and three-party dealers require that the dealer purchase from Chevron all Chevron motor fuels necessary to serve demand for Chevron motor fuels at the dealer's station. Hence, any purchase of Chevron motor fuels by any direct supplied Chevron dealer from a Chevron jobber is a breach of the dealer's Supply Contract with Chevron. Any sale by a jobber of Chevron motor fuels to any Chevron dealer who is now a party to a Supply Contract with Chevron constitutes a wrongful...