PENNSYLVANIA PUBLIC UTILITY COMMISSION Electronic Filing of Motor Carrier Insurance Forms; Doc. No. M-00061937 [36 Pa.B. 1103] Public Meeting held
February 9, 2006Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli, statement attached; Terrance J. Fitzpatrick
Order By the Commission:
By this order, the Commission is establishing a pilot program for the purpose of implementing electronic filing of motor carrier insurance information.1 The Commission seeks to provide motor carriers with the option of having their insurance companies file the noted insurance forms electronically, while retaining the option of filing these insurance forms in hard copy, paper format as is currently required in 52 Pa. Code § 32.2(c). To implement the electronic filing pilot program, the Commission will grant a temporary waiver of our motor carrier insurance regulations at 52 Pa. Code § 32.2(c) for a period of one year. After the entry of this order and the Commission's evaluation of the pilot program described herein, we may initiate a proposed rulemaking at a separate docket to revise our regulations in a manner that permits electronic filing.
Background The purpose for the pilot program and the temporary waiver of the motor carrier insurance regulations is to allow the Commission to begin formulating and implementing a new process that will allow for electronic filing of motor carrier insurance information. Electronic filing will provide insurance companies filing information on behalf of motor carriers with a more effective means of timely submitting insurance information to the Commission. Electronic filing will additionally provide the Commission with a reasonable and efficient method of receiving and monitoring insurance information, beyond the method currently approved by our regulations at 52 Pa. Code § 32.2(c).
In order to implement electronic filing, the Commission will enter into an agreement with a third party vendor, National Online Registries (NOR), that will act as a conduit between the insurance companies and the Commission by creating and managing a central electronic repository of motor carrier insurance information. Specifically, NOR will enter into Insurance Company Participation Agreements with insurance companies that wish to participate in electronic filing. Pursuant to these agreements, the companies will make motor carrier insurance filings with the Commission by using NOR's central electronic repository of motor carrier insurance information. NOR will make the repository accessible to the Commission via the Internet, at no charge, for searching, viewing, submitting, and retrieving data and interacting with information in the repository. NOR will notify the Commission by electronic mail when an insurance filing has been made. Although the Commission will have access to NOR's database, NOR will not have access to any of the Commission's electronic databases or any confidential information.
Discussion Based on the motor carrier insurance provisions in Section 32.2(c), motor carriers are currently required to file a hard copy of insurance information directly with the Commission. Pursuant to the regulations, certificates of insurance, surety bonds, and notices of cancellation are to be filed with the Commission in triplicate, and an approved copy will be returned to the motor carrier if a self-addressed, stamped envelope is enclosed with the filing.
The Commission has expended considerable resources to enforce these regulations as many insurance companies fail to file timely notifications indicating that insurance has been obtained by a transportation utility. This results in numerous enforcement actions against utilities that have, in fact, obtained insurance, but because the Commission is not timely notified by the insurance company, the transportation utilities are in violation of our regulations. Granting insurance companies the right to file public liability and property damage and cargo forms in electronic format will enable the Commission to receive filings almost instantaneously and, thus, will likely reduce the number of insurance suspensions.
The Commission finds that the most expedient means of implementing electronic filing in the near future for the purpose of the pilot program is to grant motor carriers a temporary waiver of the insurance regulations requirement at 52 Pa. Code § 32.2(c), which mandates the filing of a hard copy of insurance information. When the PUC receives a notification from NOR stating that an insurance filing has been made by an insurance company on behalf of a motor carrier, the PUC will treat this notification as a petition from the motor carrier requesting a temporary waiver of the insurance filing regulations. The request for a waiver will be deemed approved by the PUC, and the filing will be accepted.2
Accordingly, the temporary waiver of the Commission's regulations as granted herein shall become effective and remain effective for a period of one year from the entry date of this order. Subsequent to the entry of this order and the Commission's internal evaluation of the electronic filing pilot program, the Commission may adopt a proposed rulemaking order at a separate docket, in accordance with the Regulatory Review Act, 71 P. S. §§ 745.1, et seq., to revise our motor carrier insurance regulations in a manner that permits electronic filing. While this temporary waiver and the proposed future rulemaking will grant insurance companies filing information on behalf of motor carriers the right to file insurance information electronically, the current option set forth in 52 Pa. Code § 32.2(c) for filing insurance information in hard copy, paper format will also be retained; Therefore,
It Is Ordered That:
1. The Commission's regulations at 52 Pa. Code § 32.2(c), which require motor carriers to file a hard copy of insurance information, shall be temporarily waived as provided for herein to allow for the electronic filing of motor carrier insurance information.
2. Notice of this order shall be published in the Pennsylvania Bulletin and on the Commission's website.
3. Subsequent to the entry of this order and the Commission's evaluation of the electronic filing pilot program, the Commission may adopt a proposed rulemaking order at a separate docket in order to revise our motor carrier insurance regulations to allow for electronic filing.
JAMES J. MCNULTY,
SecretaryStatement of Commissioner Kim Pizzingrilli Public Meeting February 9, 2006; FEB-2005-L-0013*;
Doc. No. M-00061937Electronic Filing of Motor Carrier Insurance Forms Today the Commission acts to implement an electronic filing pilot program to provide insurance companies with the ability to file public liability and property damage and cargo forms in electronic format on behalf of motor carriers. The Commission grants a temporary waiver of the motor carrier insurance regulations (52 Pa. Code § 32.2(c)) which mandate the filing of a hard copy of certain forms.
I commend staff for its efforts in establishing this pilot program. The option to file electronically will provide insurance companies with a more effective and efficient means of timely submitting insurance information to the Commission. This will also assist motor carriers in ensuring that valid insurance forms are on file and, at the same time, provides the Commission with the ability to instantaneously receive filings and reduce the number of unnecessary insurance suspensions. I wholeheartedly agree with the premise of this Order and support the Commission's continued path toward technology integration in serving the public and its regulated utilities.
Constantly striving to provide better customer service is a goal the Commission takes very seriously. The Commission recently selected a vendor for the Information Management & Access Project, known as InfoMAP, which will overhaul the Commission's existing case management system to improve electronic workflow capability. We continue our efforts to have a system in place that enhances our efficiency and effectiveness as an agency, permits electronic filings, and offers consumers and practitioner's easier access to information maintained by the Commission.
This pilot program will benefit the insurance industry, affected motor carriers, the public and the Commission. The Commission looks forward to working with the motor carrier and insurance industry and receiving its feedback regarding the electronic filing pilot program.
[Pa.B. Doc. No. 06-373. Filed for public inspection March 3, 2006, 9:00 a.m.] _______
1 The specific filings will be public liability and property damage filings and cargo filings. Insurance companies must continue to file surety bonds in hard copy, paper format as is currently required by 52 Pa. Code § 32.2(c).
2 This process comports with the Commission's authority to waive its regulations on an individual basis. See 52 Pa. Code § 5.43(a); Township of Collier v. Pennsylvania-American Water Co., C-20016207 (Order entered Apr. 29, 2004).
