Commitments and Contingencies

12 Months Ended

Sep. 28, 2013

Commitments and Contingencies [Abstract]

Commitments and Contingencies

12.   Commitments and Contingencies

Commitments.  The Partnership leases certain property, plant and equipment, including portions of the Partnership’s vehicle fleet, for various periods under noncancelable leases.  Rental expense under operating leases was $33,036, $23,593 and $18,868 for fiscal 2013, 2012 and 2011, respectively.

Future minimum rental commitments under noncancelable operating lease agreements as of September 28, 2013 are as follows:

	Minimum
	Lease
Fiscal Year	Payments
2014		27,238
2015		20,488
2016		12,770
2017		7,894
2018		5,208
2019 and thereafter		5,947

Contingencies.

Self Insurance.As described in Note 2, the Partnership is self-insured for general and product, workers’ compensation and automobile liabilities up to predetermined amounts above which third party insurance applies.  At September 28, 2013 and September 29, 2012, the Partnership had accrued liabilities of $58,152 and $54,551, respectively, representing the total estimated losses under these self-insurance programs.  For the portion of the estimated liability that exceeds insurance deductibles, the Partnership records an asset within other assets (or prepaid expenses and other current assets, as applicable) related to the amount of the liability expected to be covered by insurance which amounted to $18,330 and $17,522 as of September 28, 2013 and September 29, 2012, respectively.

Legal Matters.  The Partnership’s operations are subject to operating hazards and risks normally incidental to handling, storing and delivering combustible liquids such as propane.  The Partnership has been, and will continue to be, a defendant in various legal proceedings and litigation as a result of these operating hazards and risks, and as a result of other aspects of its business.  During the fourth quarter of fiscal 2012, the Partnership entered into an agreement to settle a California action, in which were alleged several claims relating to two fees charged by the Partnership, on a classwide basis in return for the payment of a monetary sum and certain non-monetary consideration, and established an accrual of $4,500 for the estimated cost of the settlement.  This settlement, entered into to avoid both the continued expenses and burden of defending that action and the uncertainty inherent in all litigation, was approved by the trial court in May 2013, and the Partnership completed distribution of the settlement proceeds to the class members in the fourth quarter of fiscal 2013.  The Partnership is currently a defendant in a putative class action in which the court has denied class certification without prejudice.  The Partnership believes such suit is without merit.  In the putative class action, the Partnership has been successful in eliminating several of the claims such that only certain contractual and consumer statute claims remain.  The subject matter jurisdiction of the court to adjudicate certain of the contractual claims is on appeal.  The Partnership is contesting this putative class action vigorously and has determined, based on the allegations and discovery to date, that no reserve for a loss contingency other than for legal defense fees and expenses is required.  The Partnership is unable to reasonably estimate the possible loss or range of loss, if any, arising from this litigation.