Annual report pursuant to section 13 and 15(d)

DERIVATIVE INSTRUMENTS

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DERIVATIVE INSTRUMENTS
 12 Months Ended
Dec. 31, 2011
DERIVATIVE INSTRUMENTS [Abstract]  
DERIVATIVE INSTRUMENTS
NOTE 19 – DERIVATIVE INSTRUMENTS
 
Commodity Financial Instruments

Hydrocarbon based manufacturers such as TOCCO are significantly impacted by changes in feedstock and natural gas prices.  Not considering derivative transactions, feedstock and natural gas used for the years ended December 31, 2011, 2010, and 2009, represented approximately 82.9%, 80.8% and 80.5% of TOCCO's operating expenses, respectively.

On February 26, 2009, the Board of Directors rescinded its original commodity trading resolution from 1992 and replaced it with a new resolution.  The 2009 resolution allows the Company to establish a commodity futures account for the purpose of maximizing Company resources and reducing the Company's risk as pertaining to its purchases of natural gas and feedstock for operational purposes by employing a four step process. This process, in summary, includes, (1) education of Company employees who are responsible for carrying out the policy, (2) adoption of a derivatives policy by the Board explaining the objectives for use of derivatives including accepted risk limits, (3) implementation of a comprehensive derivative strategy designed to clarify the specific circumstances under which the Company will use derivatives, and (4) establishment and maintenance of a set of internal controls to ensure that all of the derivatives transactions taking place are authorized and in accord with the policies and strategies that have been enacted.  On August 31, 2009, the Company adopted a formal risk management policy which incorporates the above process, as well as, establishes a “hedge committee” for derivative oversight.

South Hampton endeavors to acquire feedstock and natural gas at the lowest possible cost.  The primary feedstock (natural gasoline) is traded over the counter and not on organized futures exchanges.  Financially settled instruments (fixed price swaps) are the principal vehicle used to give some predictability to feed prices. South Hampton does not purchase or hold any derivative financial instruments for trading purposes.

The following tables detail (in thousands) the impact the feedstock and natural gas instruments had on the financial statements:

   
December 31,
  
   
2011
    
2010
    
2009
  
                   
Realized gain (loss)
   $ 188     $ 28     $ (5,856 )
Unrealized gain
     215       177       6,976  
Net gain
   $ 403     $ 205     $ 1,120  

   
December 31,
  
   
2011
    
2010
  
             
Fair value of derivative asset
   $ 393     $ 177  

Realized and unrealized gains/(losses) are recorded in Cost of Petrochemical Product Sales and Processing for the years ended December 31, 2011, 2010, and 2009.

 
Interest Rate Swaps

On March 21, 2008, South Hampton entered into a pay-fixed, receive-variable interest rate swap agreement with Bank of America related to the $10.0 million (later increased to $14 million) term loan secured by plant, pipeline and equipment. The effective date of the interest rate swap agreement was August 15, 2008, and terminates on December 15, 2017.  The notional amount of the interest rate swap was $6,750,000 at December 31, 2011.  South Hampton receives credit for payments of variable rate interest made on the term loan at the loan's variable rates, which are based upon the London InterBank Offered Rate (LIBOR), and pays Bank of America an interest rate of 5.83% less the credit on the interest rate swap.  South Hampton designated the transaction as a cash flow hedge according to ASC Topic 815, Derivatives and Hedging.  Beginning on August 15, 2008, the derivative instrument was reported at fair value with any changes in fair value reported within other comprehensive income (loss) in the Company's Statement of Stockholders' Equity.  The Company entered into the interest rate swap to minimize the effect of changes in the LIBOR rate.

The following tables detail (in thousands) the impact the agreement had on the financial statements:

   
December 31,
  
   
2011
    
2010
    
2009
  
Other Comprehensive Loss
                  
    Cumulative loss
   $ (1,134 )   $ (1,116 )   $ (1,275 )
    Deferred tax benefit
     386       379       434  
    Net cumulative loss
   $ (748 )   $ (737 )   $ (841 )
                         
Interest expense reclassified from other comprehensive loss
  $ 414     $ 468     $ 510  

   
December 31,
  
   
2011
    
2010
  
             
Fair value of derivative liability
   $ 1,134     $ 1,116  

The cumulative loss from the changes in the swap contract's fair value that is included in other comprehensive loss will be reclassified into income when interest is paid.  The unrealized loss on the interest rate swap for 2011 included in other comprehensive loss is $11,724 (net of $6,040 of income tax benefit).

The net amount of pre-tax loss in other comprehensive income (loss) as of December 31, 2010, predicted to be reclassified into earnings within the next 12 months is approximately $345,000.