Phl departure controller has operational error when 2 aircraft approach the ood VOR, both at 7000'.

Attributes
ACN	127648
Time
Date	198911
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : ood airport : phl
State Reference	NJ
Altitude	msl bound lower : 7000 msl bound upper : 7000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : phl
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	departure sid : sid
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 5000 flight time type : 500
ASRS Report	127648
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation other anomaly other
Independent Detector	atc equipment other atc equipment : unspecified other controllera
Resolutory Action	controller : issued new clearance
Consequence	faa : investigated
Miss Distance	horizontal : 6000 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Departing phl as regular scheduled 121 operation local handed us to departure. Flying the phl 5 SID. 119.75 called level at 5000 told to proceed direct ood climb and maintain 7000. After 2 or 3 mins just about on top of the VOR, departure says expedite climb. We responded level at 7000. Departure immediately issues a descend to 6000 to another aircraft. I demanded to know where the traffic was. Departure responded 2 O'clock 2 mi 6900'. The controller forgot, had us both at 7000 pointed at ood VOR. What made me mad was that he did not, and wasn't going to, issue traffic advisory. How can we see and avoid if: a) we're solid IMC, B) not told about possible conflict, C) driven into each other by a tired/overworked or unqualified controller. We were lucky.

Original NASA ASRS Text

Title: PHL DEP CTLR HAS OPERATIONAL ERROR WHEN 2 ACFT APCH THE OOD VOR, BOTH AT 7000'.

Narrative: DEPARTING PHL AS REGULAR SCHEDULED 121 OPERATION LOCAL HANDED US TO DEP. FLYING THE PHL 5 SID. 119.75 CALLED LEVEL AT 5000 TOLD TO PROCEED DIRECT OOD CLIMB AND MAINTAIN 7000. AFTER 2 OR 3 MINS JUST ABOUT ON TOP OF THE VOR, DEP SAYS EXPEDITE CLIMB. WE RESPONDED LEVEL AT 7000. DEP IMMEDIATELY ISSUES A DSND TO 6000 TO ANOTHER ACFT. I DEMANDED TO KNOW WHERE THE TFC WAS. DEP RESPONDED 2 O'CLOCK 2 MI 6900'. THE CTLR FORGOT, HAD US BOTH AT 7000 POINTED AT OOD VOR. WHAT MADE ME MAD WAS THAT HE DID NOT, AND WASN'T GOING TO, ISSUE TFC ADVISORY. HOW CAN WE SEE AND AVOID IF: A) WE'RE SOLID IMC, B) NOT TOLD ABOUT POSSIBLE CONFLICT, C) DRIVEN INTO EACH OTHER BY A TIRED/OVERWORKED OR UNQUALIFIED CTLR. WE WERE LUCKY.

Data retrieved from NASA's ASRS site as of August 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.