The PIC of a B757-200 refuses to accept the aircraft for flight when he and maintenance cannot resolve an apparent discrepancy between the MEL and the FAA airworthiness directive that deals with fuel in center tank of boeing aircraft at ord, il.

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Attributes
ACN	564012
Time
Date	200210
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : ord.airport
State Reference	IL
Altitude	agl single value : 0
Environment
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	B757-200
Operating Under FAR Part	Part 121
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	564012
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	aircraft equipment problem : critical maintenance problem : improper documentation maintenance problem : improper maintenance maintenance problem : non compliance with mel non adherence : company policies non adherence : published procedure non adherence : far other anomaly other
Independent Detector	other other : gnd ord fueler 7
Resolutory Action	other
Consequence	other other other
Supplementary
Problem Areas	Flight Crew Human Performance Maintenance Human Performance FAA Aircraft Chart Or Publication Company
Primary Problem	Company

Narrative:

Flight ZZZZ-ord was dispatched with the center tank fuel quantity indicator deferred (MEL reference 2841C) 'center fuel tank must remain empty.' I was advised by ZZZZ load planner that ZZZZ fueler reported fuel in center tank. Planner to have maintenance to confirm fuel status of center tank. Per ZZZZ maintenance, the center tank fuel was erroneously indicating 1100 pounds of fuel in center tank, and that in fat the center tank was empty. I advised the ZZZZ to show no center tank fuel in the weight manifest and the aircraft was dispatched to ord. After arrival in ord and doing preflight operations for the next flight segment, a load planner contacted me and advised that fueling personnel determined that fuel was in the center tank. I contacted the fueler and he assured me that there was definitely fuel in the center tank. I contacted maintenance supervisor and questioned him as to the legality of the situation. The maintenance supervisor advised me that the fuel in the center tank was 'unstickable,' the tank was empty and in compliance with the MEL. I did not agree and refused for the next flight segment.

Original NASA ASRS Text

Title: THE PIC OF A B757-200 REFUSES TO ACCEPT THE ACFT FOR FLT WHEN HE AND MAINT CANNOT RESOLVE AN APPARENT DISCREPANCY BTWN THE MEL AND THE FAA AIRWORTHINESS DIRECTIVE THAT DEALS WITH FUEL IN CTR TANK OF BOEING ACFT AT ORD, IL.

Narrative: FLT ZZZZ-ORD WAS DISPATCHED WITH THE CTR TANK FUEL QUANTITY INDICATOR DEFERRED (MEL REF 2841C) 'CTR FUEL TANK MUST REMAIN EMPTY.' I WAS ADVISED BY ZZZZ LOAD PLANNER THAT ZZZZ FUELER RPTED FUEL IN CTR TANK. PLANNER TO HAVE MAINT TO CONFIRM FUEL STATUS OF CTR TANK. PER ZZZZ MAINT, THE CTR TANK FUEL WAS ERRONEOUSLY INDICATING 1100 LBS OF FUEL IN CTR TANK, AND THAT IN FAT THE CTR TANK WAS EMPTY. I ADVISED THE ZZZZ TO SHOW NO CTR TANK FUEL IN THE WT MANIFEST AND THE ACFT WAS DISPATCHED TO ORD. AFTER ARR IN ORD AND DOING PREFLT OPS FOR THE NEXT FLT SEGMENT, A LOAD PLANNER CONTACTED ME AND ADVISED THAT FUELING PERSONNEL DETERMINED THAT FUEL WAS IN THE CTR TANK. I CONTACTED THE FUELER AND HE ASSURED ME THAT THERE WAS DEFINITELY FUEL IN THE CTR TANK. I CONTACTED MAINT SUPVR AND QUESTIONED HIM AS TO THE LEGALITY OF THE SIT. THE MAINT SUPVR ADVISED ME THAT THE FUEL IN THE CTR TANK WAS 'UNSTICKABLE,' THE TANK WAS EMPTY AND IN COMPLIANCE WITH THE MEL. I DID NOT AGREE AND REFUSED FOR THE NEXT FLT SEGMENT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.