May 22, 2008 - 02:00 PM

By Priyanka Dayal
WORCESTER TELEGRAM & GAZETTE STAFF

WASHINGTON— Sen. John F. Kerry is trying to fast-track plans to expand commuter rail service in Massachusetts.

The Massachusetts Democrat called a meeting in his Washington office yesterday, where he and other elected officials pushed railroad company CSX Corp. to add seven more trains between Worcester and Boston immediately, and continue negotiating a deal for the track between Worcester and Framingham.

“There’s a very clear understanding of what the hurdles are,” Sen. Kerry said in a phone interview after the meeting.

Both sides said they have homework to do, and have agreed to meet again in a month.

The 22.8-mile track from Framingham to Worcester is one of the few pieces of railroad used by passenger trains that is not owned and controlled by the state. CSX dispatches the line from Selkirk, N.Y., and commuter trains share the track with CSX’s freight cars. State officials say purchasing the track is the best way to increase commuter service and spur economic growth.

Plans to purchase the track have not moved beyond talks, largely because of a dispute over liability. CSX insists on maintaining the existing no-fault liability policy, which means that in an accident, each side would pay for damage to its own property and passengers.

But the state refuses to sign on to such a policy. State officials say if the state buys the track, liability should be determined by who is at fault in an accident; otherwise, taxpayers could be forced to pay for CSX’s negligence.

Last month Sen. Kerry and other congressmen sent a letter to CSX’s president and chief executive, Michael J. Ward, threatening legislative action if CSX doesn’t back off its liability demands.

At yesterday’s meeting, Mr. Kerry, Lt. Gov. Timothy P. Murray and U.S. Rep. James P. McGovern, D-Worcester, asked CSX to look into liability issues.

“We proposed some concepts, which we’re not going to talk about publicly,” Mr. Kerry said, adding that “part of our homework is to analyze all (commuter-freight liability) agreements on a national basis.”

Asked if CSX representatives were willing to consider the senator’s proposals, Mr. Kerry said they were willing to “work on this together.”

“Does that mean they’re willing to agree? No.” he said. “We’ve got a lot of homework to do.”

Mr. McGovern said liability remains a sticking point.

“There must be a way to find a compromise on that issue,” he said. “What has us concerned is that we’ll have to foot the bill for gross negligence. They’re concerned about frivolous lawsuits. We’re going to continue to pressure them.”

Representing CSX at the meeting were Lisa A Mancini, vice president of strategic infrastructure initiatives, Maurice J. O’Connell, resident vice president of public affairs, Anne Reinke, director of federal affairs and Peter Shudtz , general counsel and vice president of federal regulation.

“We will come back and look at it in a month,” said CSX spokesman Robert Sullivan.

CSX officials have said relocating their 80-acre rail yard in Allston is the biggest obstacle to expanding commuter service. Sen. Kerry said the state will look into expediting that process.

Mr. Murray and state transportation officials who attended yesterday’s meeting say there is room for seven more trains on the Worcester-Framingham line right now. CSX remains skeptical of that number, and sees the potential for only one or two additional trains, Mr. Murray said. Both sides are planning to share their computer models for rail capacity at their next meeting.

At a May 9 rail summit in Worcester, Mr. Murray used sharp language to admonish CSX’s “apparent indifference to the public interest” and called the company’s liability demands “absurd.”

While politicians yesterday said they are optimistic about making progress in talks with CSX, they haven’t shied away from naming the alternatives.

“We laid out that if all things fall apart, eminent domain remains a last-resort option for a state that needs to get things done,” Mr. Kerry said. “The argument was powerfully made by the lieutenant governor and by Jim McGovern and myself that this is very important to the state in terms of economic development.”

This was not the first meeting the senator has had with CSX, but he called it the most in-depth discussion. He said he met with Mr. Ward, CSX’s president and CEO, several weeks ago.

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