Derivatives and Hedging-Disclosures and Fair Value Measurements

3 Months Ended

Dec. 31, 2012

Derivatives and Hedging-Disclosures and Fair Value Measurements

4) Derivatives and Hedging—Disclosures and Fair Value Measurements

The Partnership uses derivative instruments such as futures, options and swap agreements in order to mitigate exposure to market risk associated with the purchase of home heating oil for price-protected customers, physical inventory on hand, inventory in transit and priced purchase commitments.

To hedge a substantial majority of the purchase price associated with heating oil gallons anticipated to be sold to its price-protected customers as of December 31, 2012, the Partnership held 2.4 million gallons of physical inventory and held 10.2 million gallons of swap contracts to buy heating oil, 3.8 million gallons of call options, 7.8 million gallons of put options and 84.8 million net gallons of synthetic calls. To hedge the inter-month differentials for its price-protected customers, its physical inventory on hand and inventory in transit, the Partnership, as of December 31, 2012, had 66.3 million gallons of future contracts to buy heating oil, 76.8 million gallons of future contracts to sell heating oil, 13.0 million gallons of swap contracts to buy diesel (for NYS ultra-low sulfur heating oil customers) and 30.8 million gallons of swap contracts to sell heating oil (including 13.0 million gallons designated for NYS ultra-low sulfur heating oil customers). To hedge a majority of its internal fuel usage for fiscal 2013, the Partnership as of December 31, 2012, had 1.1 million gallons of swap contracts to buy gasoline and 1.0 million gallons of swap contracts to buy diesel.

To hedge a substantial majority of the purchase price associated with heating oil gallons anticipated to be sold to its price-protected customers, as of December 31, 2011, the Partnership had 2.0 million gallons of physical inventory and had 8.1 million gallons of swap contracts to buy heating oil, 4.0 million gallons of call options, 5.8 million gallons of put options and 90.2 million net gallons of synthetic calls. To hedge the inter-month differentials for its price-protected customers, its physical inventory on hand and inventory in transit, the Partnership as of December 31, 2011, had 17.5 million gallons of future contracts to buy heating oil, 26.5 million gallons of future contracts to sell heating oil, and 27.8 million gallons of swap contracts to sell heating oil. To hedge a majority of its internal fuel usage for fiscal 2012, the Partnership, as of December 31, 2011, had 1.3 million gallons of swap contracts to buy gasoline and 1.0 million gallons of swap contracts to buy diesel.

The Partnership’s derivative instruments are with the following counterparties: Wells Fargo Bank, N.A., Key Bank, N.A., Bank of Montreal, Cargill, Inc., JPMorgan Chase Bank, N.A., Societe Generale, Regions Financial Corporation, Bank of America, N.A., and Newedge USA, LLC. The Partnership assesses counterparty credit risk and maintains master netting arrangements with counterparties to help manage the risks, and record derivative positions on a net basis. The Partnership considers counterparty credit risk to be low. At December 31, 2012, the aggregate cash posted as collateral in the normal course of business at counterparties was $1.4 million. Positions with counterparties who are also parties to our revolving credit facility are collateralized under that facility. As of December 31, 2012, $13.5 million of hedge positions were secured under the credit facility.

FASB ASC 815-10-05 Derivatives and Hedging, established accounting and reporting standards requiring that derivative instruments be recorded at fair value and included in the consolidated balance sheet as assets or liabilities, along with qualitative disclosures regarding the derivative activity. To the extent derivative instruments designated as cash flow hedges are effective and the standard’s documentation requirements have been met, changes in fair value are recognized in other comprehensive income until the underlying hedged item is recognized in earnings. The Partnership has elected not to designate its derivative instruments as hedging instruments under this standard and the change in fair value of the derivative instruments is recognized in our statement of operations in the line item (Increase) decrease in the fair value of derivative instruments. Depending on the risk being hedged, realized gains and losses are recorded in cost of product, cost of installations and service, or delivery and branch expenses.

FASB ASC 820-10 Fair Value Measurements and Disclosures, established a three-tier fair value hierarchy, which classified the inputs used in measuring fair value. These tiers include: Level 1, defined as observable inputs such as quoted prices for identical instruments in active markets; Level 2, defined as inputs other than quoted prices in active markets that are either directly or indirectly observable; and Level 3, defined as unobservable inputs in which little or no market data exists, therefore requiring an entity to develop its own assumptions. The Partnership’s Level 1 derivative assets and liabilities represent the fair value of commodity contracts used in its hedging activities that are identical and traded in active markets. The Partnership’s Level 2 derivative assets and liabilities represent the fair value of commodity contracts used in its hedging activities that are valued using either directly or indirectly observable inputs, whose nature, risk and class are similar. No significant transfers of assets or liabilities have been made into and out of the Level 1 or Level 2 tiers. All derivative instruments were non-trading positions and were either a Level 1 or Level 2 instrument. The fair market value of our Level 1 and Level 2 derivative assets and liabilities are calculated by our counter-parties and are independently validated by the Partnership. The Partnership’s calculations are, for Level 1 derivative assets and liabilities, based on the published New York Mercantile Exchange (“NYMEX”) market prices for the commodity contracts open at the end of the period. For Level 2 derivative assets and liabilities the calculations performed by the Partnership are based on a combination of the NYMEX published market prices and other inputs, including such factors as present value, volatility and duration.

The Partnership had no assets or liabilities that are measured at fair value on a nonrecurring basis subsequent to their initial recognition. The Partnership’s financial assets and liabilities measured at fair value on a recurring basis are listed on the following table.

(In thousands)					Fair Value Measurements at Reporting Date Using:
Derivatives Not Designated as Hedging Instruments Under FASB ASC 815-10	Balance Sheet Location	Total			Quoted Prices in Active Markets for Identical Assets Level 1			Significant Other Observable Inputs Level 2			Significant Unobservable Inputs Level 3
Asset Derivatives at December 31, 2012
Commodity contracts	Fair asset and fair liability value of derivative instruments	$	14,282		$	1,297		$	12,985		$	—
Commodity contract assets at December 31, 2012		$	14,282		$	1,297		$	12,985		$	—
Liability Derivatives at December 31, 2012
Commodity contracts	Fair liability and fair asset value of derivative instruments	$	(17,947	)	$	(1,716	)	$	(16,231	)	$	—
Commodity contract liabilities at December 31, 2012		$	(17,947	)	$	(1,716	)	$	(16,231	)	$	—
Asset Derivatives at September 30, 2012
Commodity contracts	Fair asset and fair liability value of derivative instruments	$	15,100		$	1,749		$	13,351		$	—
Commodity contract assets at September 30, 2012		$	15,100		$	1,749		$	13,351		$	—
Liability Derivatives at September 30, 2012
Commodity contracts	Fair liability and fair asset value of derivative instruments	$	(10,549	)	$	(1,898	)	$	(8,651	)	$	—
Commodity contract liabilities at September 30, 2012		$	(10,549	)	$	(1,898	)	$	(8,651	)	$	—

(In thousands)
The Effect of Derivative Instruments on the Statement of Operations
Derivatives Not
Designated as Hedging	Location of (Gain) or Loss	Amount of (Gain) or Loss Recognized
Instruments Under	Recognized in Income on	Three Months Ended			Three Months Ended
FASB ASC 815-10	Derivative	December 31, 2012			December 31, 2011
Commodity contracts	Cost of product (a)	$	4,876		$	(592	)
Commodity contracts	Cost of installations and service (a)	$	(89	)	$	51
Commodity contracts	Delivery and branch expenses (a)	$	(85	)	$	8
Commodity contracts	(Increase) / decrease in the fair value of derivative instruments	$	7,965		$	7,118

(a) Represents realized closed positions and includes the cost of options as they expire.