Cpr X had less than standard separation from air carrier Y. System error.

Attributes
ACN	203265
Time
Date	199203
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : oak
State Reference	CA
Altitude	msl bound lower : 5200 msl bound upper : 5200
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	general aviation : corporate
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 130 flight time total : 8800 flight time type : 1350
ASRS Report	203265
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 90 flight time total : 8300 flight time type : 400
ASRS Report	203512
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	faa : investigated faa : reviewed incident with flight crew
Miss Distance	horizontal : 2000 vertical : 300
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Cpr X departed oakland en route to phoenix on runway 29. Our initial clearance was to climb to 10000 ft MSL on the runway heading for vectors to the skyline 2 departure. On the first contact with bay departure, the controller deleted the 4 DME 2000 ft MSL crossing restriction. On the second contact, she directed us to turn left to 180 degree and climb to FL230 to intercept the pye 135 degree radial on the SID. Passing approximately 5200 ft MSL, I spotted traffic at our 12:30 O'clock position approximately 200-300 ft lower and about 1/2 mi lateral separation. It appeared to be air carrier Y medium large transport in a left turn. Just as we were about to question the controller, the other crew asked the controller about the traffic off to their side. The controller responded by saying that it was cpr X climbing through 6000 ft MSL. No other TA's were issued. After landing at phoenix, I telephoned bay TRACON and spoke to FAA supervisor. He confirmed that a loss of IFR separation had taken place, and that he was investigating. He said that all indications pointed to a probable controller error. He did ask about our rate of climb, approximately 1500 FPM, and if we had leveled off during the climb. We hadn't leveled off, but I told him we had used a noise abatement climb out of oakland. That may have resulted in lower rates of climb than the controller had anticipated. He concluded by stating that there was no indication we had deviated in any way from our clearance.

Original NASA ASRS Text

Title: CPR X HAD LTSS FROM ACR Y. SYS ERROR.

Narrative: CPR X DEPARTED OAKLAND ENRTE TO PHOENIX ON RWY 29. OUR INITIAL CLRNC WAS TO CLB TO 10000 FT MSL ON THE RWY HDG FOR VECTORS TO THE SKYLINE 2 DEP. ON THE FIRST CONTACT WITH BAY DEP, THE CTLR DELETED THE 4 DME 2000 FT MSL XING RESTRICTION. ON THE SECOND CONTACT, SHE DIRECTED US TO TURN L TO 180 DEG AND CLB TO FL230 TO INTERCEPT THE PYE 135 DEG RADIAL ON THE SID. PASSING APPROX 5200 FT MSL, I SPOTTED TFC AT OUR 12:30 O'CLOCK POS APPROX 200-300 FT LOWER AND ABOUT 1/2 MI LATERAL SEPARATION. IT APPEARED TO BE ACR Y MLG IN A L TURN. JUST AS WE WERE ABOUT TO QUESTION THE CTLR, THE OTHER CREW ASKED THE CTLR ABOUT THE TFC OFF TO THEIR SIDE. THE CTLR RESPONDED BY SAYING THAT IT WAS CPR X CLBING THROUGH 6000 FT MSL. NO OTHER TA'S WERE ISSUED. AFTER LNDG AT PHOENIX, I TELEPHONED BAY TRACON AND SPOKE TO FAA SUPVR. HE CONFIRMED THAT A LOSS OF IFR SEPARATION HAD TAKEN PLACE, AND THAT HE WAS INVESTIGATING. HE SAID THAT ALL INDICATIONS POINTED TO A PROBABLE CTLR ERROR. HE DID ASK ABOUT OUR RATE OF CLB, APPROX 1500 FPM, AND IF WE HAD LEVELED OFF DURING THE CLB. WE HADN'T LEVELED OFF, BUT I TOLD HIM WE HAD USED A NOISE ABATEMENT CLB OUT OF OAKLAND. THAT MAY HAVE RESULTED IN LOWER RATES OF CLB THAN THE CTLR HAD ANTICIPATED. HE CONCLUDED BY STATING THAT THERE WAS NO INDICATION WE HAD DEVIATED IN ANY WAY FROM OUR CLRNC.

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.