KWWL.com - News & Weather for Waterloo, Dubuque, Cedar Rapids & Iowa City, Iowa | Iowa Attorney General files suit against eastern Iowa gas stations
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Two eastern Iowa gas stations have been sued for allegedly selling E85 gas.
Problem is, investigators say, they weren't selling it as E85, but as the 10% ethanol blend.
The stations' supplier says it never delivered pure E85 to those stations.
August 13th, the Iowa Attorney General filed a class-action consumer protection lawsuit against Pronto Markets in Sumner and Fairbank and its owner, Jerry Fratzke.
The suit alleges Fratzke ordered at least 2500 gallons of E85 this spring then sold it as 10& ethanol-blend gas.
The attorney general's office says a routine inspection by the Department of Agriculture discovered the problem in June at Pronto stations in Sumner and Fairbank.
It's one of only a handful of times state investigators say they've found a discrepancy at the pumps .
They say they never received any complaints or heard of anyone needing car repairs from having the wrong gas.
Pronto owner Jerry Fratzke declined comment for this story but others wonder if the distributor should also be named in this lawsuit
Consolidated Energy is mentioned in the suit as providing the E85 but is not a defendant.
In a statement, CEC President Jeff Rummel says, "CEC does not deliver pure E85 to retail stations unless the station clearly labels and communicates that the pump is dispensing E85, for flexible fuel use vehicles only. While it is true that invoices show that E85 product was purchased and invoiced, that product was combined with other fuels in the transport tank in an industry standard practice known as splash blending."
Splash blending happens in gas tanker trucks on the way to individual stations.
It should be the right blend when it arrives.
But the Attorney General says the end result this spring was the wrong one for Pronto and CEC isn't a party in the suit.
Gas with ethanol can only be shipped to gas stations by truck; pipelines aren't able to be used.
Meantime, Pronto Markets and its Jerry Fratzke face up to $40,000 in fines for each violation.
People who believe they got the wrong gas could be reimbursed if a judge rules against Fratzke and Pronto.
A hearing is set for September 22 in Waterloo.
To see a list of all stations approved to sell E85, click here.
To see the lawsuit, click here.
Online Reporter: Bob Waters
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