Private tunnels, public concerns

The Big Dig ceiling collapse that killed Milena Del Valle two years ago opened a host of tunnel safety questions, many still unresolved.

One of the thornier ones: Who is responsible for safety in private tunnels like the one under the Shaw's Supermarket in Newton that hovers over the Massachusetts Turnpike?

Last year, Massachusetts Inspector General Gregory Sullivan reported that the Turnpike Authority had little knowledge of how such tunnels were being inspected and whether they were insured against calamities. In addition to Shaw's, they include passageways under landmark commercial buildings such as Copley Place and the Prudential Center in Boston. A project that would create a new tunnel - the unbuilt Columbus Center straddling the South End and Back Bay - is trying to stay afloat by seeking a $40 million public subsidy, the Globe reported Thursday.

The Turnpike Authority began addressing the inspection question late last year, when executive director Alan LeBovidge created a policy that set up several more layers of inspections and more state oversight.

But what about insurance? Sullivan recommended the Pike look at policies held by the private tunnel owners, determine how much is adequate, and renegotiate leases if necessary to provide enough insurance. The authority has made some progress, but questions remain.

Insurance coverage is not the sexiest of topics, but the ramifications could be huge if something goes wrong. Del Valle's death in a connector to the Ted Williams Tunnel opened the door for dozens of lawsuits and hundreds of millions of dollars in liability. Strong policies could protect Massachusetts taxpayers from bearing the brunt of potential future lawsuits if something happens in the private tunnels.

Turnpike spokesman Mac Daniel said the Pike has been able to persuade several private tunnel owners to up their coverage from $5 million to at least $25 million. They include the Sheraton Newton, Copley Place, and the John Hancock Insurance building garage. Shaw's had initially declined to increase its insurance, Daniel said. But a Shaw's spokeswoman, Judy Chong, said the company signed a new policy Wednesday that increases coverage to $25 million.

Daniel could not say specifically how it was decided that $25 million was the right amount. It was "deemed as sufficient by our insurance counselors," he said, noting that it was five times higher than the previous policies.

But Jack McCarthy, senior assistant inspector general, said the Pike has a responsibility to back that number up with proof that it's sufficient coverage.

The Pike's control of these private tunnels is limited. They are under long-term lease, and the companies do not have to agree to reopen those leases.

The Pike has even less leverage under the Prudential Center and the Hynes Convention Center. Those tunnels are owned - not leased - by Boston Properties and the Massachusetts Convention Center Authority. So the Pike cannot even demand to know how much insurance is held by the owners, Daniel said.

A Boston Properties spokeswoman, Arista Joyner, would not say how much coverage the company has for its tunnel under the Prudential Tower. A convention center spokesman, Ron D'Amico, did not respond to a request for information about its policy.

To Ned Flaherty, a civic activist, this points out the problem with private tunnels. The state has no leverage and no direct control over safety and financial risk over spaces used by thousands of drivers every day.

"The public can require accountability from its government, but not when its tunnels are owned by stores, hotels, and condominiums," he said.

More Logan recycling
Logan International Airport likes to make a big deal of its environmental efforts. But for months, the authority that runs it has had an odd recycling program: recycling bins inside security gates, but only garbage cans everywhere else on the property. This is tied to security concerns that Massachusetts Port Authority officials won't discuss on the record.

But those concerns have apparently been allayed. Massport will begin rolling out the first recycling barrels at curbside, garages, and other areas in the terminals this summer, said spokesman Matt Brelis. The entire airport should be outfitted within a year, he said.

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