Narrative:

On taxi after pushback, we discovered a leading edge flap problem and returned to the gate. Dispatch was notified while maintenance worked the problem with the flaps. Dispatch recommended that we take on additional fuel which would have put us at our maximum landing weight on arrival at ord. I declined, after discussion with the crew, since we had 8.0 hold fuel. Once the flap problem was fixed, we taxied to runway 9L. There were over 10 airplanes waiting for takeoff and I informed the tower that we would need to return for fueling if we encountered an extensive delay for takeoff. We were also concerned about reported windshear and were discussing this with the tower. Tower moved up our sequence for takeoff. I checked the fuel and saw that we were approximately 1.5 into our hold fuel. I did not consider this significant, but had the so notify dispatch. I discussed the fuel with the crew and decided that we had adequate fuel for the flight. We received a message from dispatch asking that we not leave below cleared fuel. I did not believe that we were below cleared fuel, but were into our hold fuel. Since we were taxiing to the hold short area, I decided to reply to dispatch after we got airborne. Once airborne, we received another message asking if we had received the previous message and also asking me to call on my arrival at O'hare. When I called dispatch, I was told that I had taken the flight illegally, since the second time we taxied out we left with less than cleared fuel.

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Original NASA ASRS Text

Title: AFTER LNDG AT ORD, THE B727 CAPT FOUND THAT DISPATCH HAD ACCUSED HIM OF DEPARTING MIA ILLEGALLY, DUE TO INSUFFICIENT FUEL.

Narrative: ON TAXI AFTER PUSHBACK, WE DISCOVERED A LEADING EDGE FLAP PROB AND RETURNED TO THE GATE. DISPATCH WAS NOTIFIED WHILE MAINT WORKED THE PROB WITH THE FLAPS. DISPATCH RECOMMENDED THAT WE TAKE ON ADDITIONAL FUEL WHICH WOULD HAVE PUT US AT OUR MAX LNDG WT ON ARR AT ORD. I DECLINED, AFTER DISCUSSION WITH THE CREW, SINCE WE HAD 8.0 HOLD FUEL. ONCE THE FLAP PROB WAS FIXED, WE TAXIED TO RWY 9L. THERE WERE OVER 10 AIRPLANES WAITING FOR TKOF AND I INFORMED THE TWR THAT WE WOULD NEED TO RETURN FOR FUELING IF WE ENCOUNTERED AN EXTENSIVE DELAY FOR TKOF. WE WERE ALSO CONCERNED ABOUT RPTED WINDSHEAR AND WERE DISCUSSING THIS WITH THE TWR. TWR MOVED UP OUR SEQUENCE FOR TKOF. I CHKED THE FUEL AND SAW THAT WE WERE APPROX 1.5 INTO OUR HOLD FUEL. I DID NOT CONSIDER THIS SIGNIFICANT, BUT HAD THE SO NOTIFY DISPATCH. I DISCUSSED THE FUEL WITH THE CREW AND DECIDED THAT WE HAD ADEQUATE FUEL FOR THE FLT. WE RECEIVED A MESSAGE FROM DISPATCH ASKING THAT WE NOT LEAVE BELOW CLRED FUEL. I DID NOT BELIEVE THAT WE WERE BELOW CLRED FUEL, BUT WERE INTO OUR HOLD FUEL. SINCE WE WERE TAXIING TO THE HOLD SHORT AREA, I DECIDED TO REPLY TO DISPATCH AFTER WE GOT AIRBORNE. ONCE AIRBORNE, WE RECEIVED ANOTHER MESSAGE ASKING IF WE HAD RECEIVED THE PREVIOUS MESSAGE AND ALSO ASKING ME TO CALL ON MY ARR AT O'HARE. WHEN I CALLED DISPATCH, I WAS TOLD THAT I HAD TAKEN THE FLT ILLEGALLY, SINCE THE SECOND TIME WE TAXIED OUT WE LEFT WITH LESS THAN CLRED FUEL.

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.