Thursday November 16, 2006 FEATURES Consultant: Change is coming to credit-card business The balance of power between merchants and banks has shifted as merchants have confronted the credit-card industry's interchange fees in court and, in some cases, have moved toward alternative payment products, according to Diamond Consultants, a firm in Chicago. Retailers likely to benefit from this power shift, expected to evolve over the next three to five years, include petroleum marketers and convenience-store operators, Carl J. Hugener, a partner in Diamond Consultants, told NPN MarketPulse in an interview this week. (Full Story) NATO assesses Nov. 7 results, aims to change public opinion about tobacco A campaign to change public opinion about tobacco is the next big project for the National Association of Tobacco Outlets, Tom Briant, the association's executive director told NPN MarketPulse in an interview this week. The association, based in Minneapolis, will partner in the effort with The Heartland Institute in Chicago, a national non-profit public policy organization, Briant said. (Full Story) Sign up for a FREE subscription to NPN, the magazine that has been reporting news and trends in the petroleum and convenience store industry since 1909. SPECIAL ANNOUNCEMENT Thanksgiving schedule Due to the Thanksgiving holiday, there won't be a NPN MarketPulse issued on Nov. 23. Get The Data That Drives The Petroleum & Convenience Industry Today! To order your print copy or CD version of the 2006 NPN MarketFacts edition, please click here NEWS ITEMS In New Jersey: Plans for a Wawa store suffer a setback The Township Committee of Montgomery, N.J., on Nov. 9 adopted amendments to the service station ordinance — representing a serious roadblock to an application by Wawa to build a convenience store and gas station on Route 518 — by a vote of 4-1, with Committeeman John Warms dissenting, The Princeton Packet reported. (Full Story) In North Carolina: Wine, beer coupons rejected again North Carolina's Alcohol Beverage Control commission voted 2-1 last week to reject a proposal to allow stores to offer coupons and frequent-shopper discounts on beer and wine, The Sun News reported. (Full Story) In Texas: Motiva and environmentalists agree on refinery expansion An agreement between Motiva Enterprises and environmental activists ends opposition to a refinery's proposed expansion, the two sides said Nov. 14, according to Reuters. (Full Story) Meridian Associates sets December seminar schedule, speakers Meridian Associates Inc., Weatherford, Texas, a financial consulting firm specializing in the petroleum retail and wholesale industry, is presenting seminars in December on ways to: buy or sell a petroleum business; improve cash flow, eliminate bad debt; and leverage existing technology for an elevated return on investment. (Full Story) Service Employees International Union says it will demonstrate against Chevron Workers and community members plan to join nationwide on Nov. 15 to protest poor wages paid to janitors in Houston, Texas, according to a Nov. 14 statement issued by the Service Employees International Union (SEIU). (Full Story) Exxon Mobil donates $2 million to schools ExxonMobil is giving $2 million to schools around the nation as part of the ExxonMobil Education Alliance Program. (Full Story) Western Refining posts strong third quarter; lowers bid for Giant Western Refining Inc., El Paso, Texas, on Nov. 14 said increased refinery output and slightly stronger margins drove profit 28 percent higher in the third quarter, reported The Associated Press. (Full Story) Report: Processing costs are small part of interchange fees The Merchants Payments Coalition said Nov. 13 that an independent new report confirms that "merchants get nothing" out of programs that constitute nearly half of the $30.7 billion in credit and debit card interchange fees Visa and MasterCard collect annually in the United States. (Full Story) Chevron seeks permit to expand refinery in Mississippi Chevron Corp. said on Nov. 13 that it is seeking an environmental permit to expand gasoline production by 15 percent at its 325,000 barrel per day refinery in Pascagoula, Miss., Reuters reported. (Full Story) In Oklahoma: a single tribal tobacco tax rate is suggested The Oklahoma state Tax Commission should consolidate various tribal tobacco tax rates into a single rate, the Cigarette and Tobacco Tax Advisory Committee recommended Nov. 13, according to The Tulsa World. (Full Story) Hershey Canada issues voluntary recall of several products Hershey Canada on Nov. 12 issued a voluntary recall of a number of products, CityNews reported. (Full Story) BP settles last lawsuit over deaths in Texas City refinery blast Eva Rowe's attorney commented on the settlement Nov. 9 of a lawsuit against BP PLC stemming from the deaths of Ms. Rowe's parents in last year's Texas City refinery explosion. (Full Story) Operators of USA Gas stations in NY convicted on tax charges A federal jury on Nov. 9 convicted a man and his son-in-law, members of a family that owns several USA Gas stations in upstate New York, of multiple counts of tax violations, The Albany Times Union reported Nov. 10. (Full Story) Hundreds who bought gas with debit cards find accounts tapped More than 440 people who used debit cards to pay for gasoline at two service stations in Costa Mesa, Calif., have reported funds stolen from their accounts in Las Vegas, Sgt. Martin Carver, a spokesman for the Costa Mesa Police Department said, according to The Los Angeles Times. (Full Story) Dems may revive drive for FDA regulation of tobacco The Democratic takeover of Congress is likely to increase chances for proposed federal regulation of cigarettes, according to The Times-Dispatch. (Full Story) In Massachusetts: voters reject proposal on wine in grocery stores Massachusetts voters rejected a ballot initiative that would have allowed sales in grocery stores. (Full Story) Jacksons Food Stores acquires 100 stores from Cummings Oil Jacksons Food Stores, Meridian, Idaho, announced Nov. 9 the acquisition of a 100-store network from Cummings Oil, Albany, Ore. (Full Story) Alon reports 56% increase in third quarter Alon Energy Inc.'s third-quarter profit was boosted by higher refinery production and acquisitions, the company said Nov. 7, according to the Dallas Business Journal. (Full Story) Missouri Supreme Court upholds distinctions in alcohol liability The Missouri Supreme Court upheld a law Nov. 7 that allows alcohol liability lawsuits against bars and restaurants but blocks suits against convenience and grocery stores, The Associated Press reported. (Full Story) Delek U.S. Holdings reports third-quarter earnings Delek US Holdings, Inc., Franklin, Tenn., on Nov. 9 reported net income of $26.3 million, or $0.52 per basic share and $0.51 per diluted share, for the third quarter 2006 compared to $32.5 million, or $0.82 per basic and diluted share, for the third quarter 2005. (Full Story) News from NATO: How tobacco fared on ballots in six states Ballots on tobacco-related questions in six states, cast on Nov. 7, have been tallied, and on Nov. 8 the National Association of Tobacco Outlets issued the following state-by-state summary of the results: (Full Story) EIA: Average retail gasoline and diesel prices decline The U.S. average retail price for regular gasoline fell to its lowest price this year, with prices decreasing 1.8 cents to 220.0 cents per gallon as of Nov. 6, according to "This Week in Petroleum," published by the Energy Information Administration (EIA). (Full Story) Jury rules against King Soopers gas discount program Colorado's King Soopers and City Market grocery chains will appeal last week's court ruling prohibiting them from giving customers gasoline discounts with grocery purchases, The Denver Business Journal reported Nov. 8. (Full Story) ADM: Motor fuel made mostly of ethanol is mostly 'a niche product' Motor fuel consisting mostly of ethanol is unlikely to be a big seller in the near future, Archer Daniels Midland Co. executives said Nov. 8, according to The Chicago Tribune. (Full Story) PRODUCT OF THE WEEK Veeder-Root introduced new ORVR Hanging Hardware System Veeder-Root announced its new On-Board Refueling Vapor Recovery Hanging Hardware System to help station owners comply with impending ORVR compliance deadlines. Because today's assist stage-II vapor recovery systems are incompatible with the increasing number of new vehicles equipped with ORVR systems, when these vehicles fuel at service stations, vapors are contained at the vehicle in an onboard canister instead of being pushed out the vehicle tank where they would traditionally have been captured by the stage-II system vacuum. As a result, air is ingested into the storage tank, which leads to vaporized product loss. The ORVR Hanging Hardware System is designed to detect ORVR vehicles that are incompatible with today's assist stage-II vapor recovery systems and limit this air ingestion that leads to vaporized product. Veeder-Root www.veeder.com CALENDAR OF EVENTS Fuel Management University Intercontinental Hotel Miami November 29 - December 1 www.opisnet.com/fmu Focus on Acquisitions DFW Sheraton Grand Hotel Dallas December 5 (800) 728-9005 www.askmeridian.com   Focus on Credit DFW Sheraton Grand Hotel Dallas December 6-7 (800) 728-9005 www.askmeridian.com Focus on Practical Technology DFW Sheraton Grand Hotel Dallas December 6-7 (800) 728-9005 www.askmeridian.com   NACS Introduction to Category Management Seminar: Turning Plans into Action The Westin Indianapolis Indianapolis January 16-17 (703) 684-3600 www.nacsonline.com SIGMA 2007 Executive Leadership Conference Silvertree Hotel Aspen/Snowmass, Colo. February 11 - 14 (703 )709-7000 www.sigma.org   For a complete list of industry events, go to NPN's calendar web page.  Published By NPN Group |  © 2006 NPN Group | All Rights Reserved For more information on NPN MarketPulse, contact: Gary Bevers, group publisher M2MEDIA360 Retail Distribution Group Ph: 832-444-7675 Fax: 800-430-3446 Chris Traczek, editor-in-chief M2MEDIA360 NPN Group Ph: 630-739-0280 Fax: 630-739-0321 This newsletter is protected by United States copyright and other intellectual property laws and may not be reproduced, rewritten, distributed, re-disseminated, transmitted, displayed, published or broadcast, directly or indirectly, in any medium without the prior written permission of M2MEDIA360.

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