- 41 - RRI, was responsible for placing many Sentinel EPS recyclers with end-users and could not place his personal recyclers in the most profitable locations. Thus, petitioner was unreasonable in his estimate of the quantity of expanded polystyrene that his recyclers could process. Further, petitioner's assumption that he could profit between 20 and 30 cents per pound was based on his anticipation of rising oil prices and its effect on the price of plastic resins. Aside from the highly speculative nature of this assumption, respondent's expert, Grossman, testified that the plastics industry is "remarkably independent" from the petrochemical industry, and that a 300-percent rise in oil prices would result in only a 30-40 percent price increase in plastic products. Petitioner failed to provide the Court with any details regarding his projections, simply stating that he used the same formula that he has always used in purchasing machinery. Thus, it is not apparent whether petitioner's projections accounted for expenses such as labor, transportation, and overhead. Accordingly, we have insufficient information with respect to petitioner's projections to conclude that they were reasonable. Finally, several independent factors persuade us that petitioner was not particularly concerned with earning a profit from his recyclers. First, only 14 months after petitioner purchased his Sentinel EPE recycler, he purchased two SentinelPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011