Jean Theoret is not a happy camper. After a frustrating season, the driver of the U-37 Beacon Plumbing was looking forward to turning the corner at Tri-Cities. But with a penalty for a lane encroachment that he doesn't think was right, any celebration will have to wait at least another week.

"(The penalty was) not rightfully assessed because I had my ten boat lengths over Jeff Bernard," Theoret said. "We're just disgusted with all this that's going on."

Theoret was handed a penalty for moving into lane one during the second lap, and cutting off Jeff Bernard in the U-5 Formulaboats.com. Bernard said he definitely didn't have the ten boat-length gap, and got hosed down.

"We got wet. I don't know how many boat lengths was there, but I was coming hard," Bernard said. "When he came over he didn't have ten boat lengths. I backed off considerably to avoid crashing."

Still, if there was a penalty, Theoret said, it should go to Steve David in the Oh Boy! Oberto for forcing him over from lane two to lane on in front of Bernard.

"If there was an encroachment call, it should be on Steve David," said the usually affable Canadian driver. "Because I was about 50 feet behind him, and he just left me lane one. So I had no where to go."

The U-37 team is protesting the decision, but Theoret isn't confident that anything will change.

"I've never seen a protest countered before, so we're not counting on it," Theoret said. "It's a shame because it was a great race."

Theoret and the rest of the unlimited hydroplane fleet will regroup and be ready to go in Seattle next weekend, where the U-37 Beacon Plumbing has two straight race wins.