6. Protests and Comments

The Commission on June 20, 2003 received a three-page letter commenting on the application and petition. We will treat the letter as a protest. In it, Robert C. Welker (Welker), a licensed insurance broker, states that he was able to offer hot air balloon insurance through underwriter General Star Indemnity until May 2002 and that he is negotiating now with another underwriter to offer balloon insurance in full compliance with GO 120-C. Welker alleges that there have been insurance violations by balloon operators and that the relief they seek is in fact "seeing GO 120-C vanish entirely at the public expense." By contrast, however, the protest generally supports Petitioners' claim that insurance meeting all of the requirements of GO 120-C is simply not available today for many operators.

Welker's allegations of violations are conclusions without evidentiary support. We invite Welker and other parties to participate in the Prehearing Conference on the petition to amend GO 120-C and state the evidentiary showing they intend to make at formal hearing. Welker also is concerned with the potential elimination of the PE 794 filing.

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