Narrative:

We pushed back from the gate and started both engines. Shortly after the start; we noticed that the left #5 spoiler was deployed on the ECAM. After some basic troubleshooting; we called maintenance and all of us agreed to return to the gate. We parked at a hardstand and had maintenance come on board. They deactivated both #5 spoilers and added the two applicable MEL's to the aircraft maintenance log. We checked the operations procedures for the inoperative #5 spoilers and updated our release with dispatch's approval. After the above was completed; we departed. The takeoff and initial climb was uneventful. Somewhere between 8 and 12 thousand feet we noticed a slight flutter. About the same time; one of our flight attendants called the cockpit and said that a passenger noticed that one of the spoilers was deployed. We asked the flight attendant to confirm this and see which spoiler and how much deflection. The flight attendant informed us that it was the same one that we had problems with on the ground (left #5) and it was up approximately 25 degrees. Once maintenance had deactivated both #5 spoilers; the ECAM showed amber X's indicating that both #5 spoilers were inoperative. At no time thereafter did the ECAM indicate that they were deployed. At this point; we told center we had a problem and requested holding at the intersection. They granted this and we initially held at FL230. The malfunction gave us no ECAM actions; so we proceeded to the QRH for any guidance and found none. Our next step was to contact maintenance. After a discussion with maintenance control; they confirmed that there was no procedure for this issue and agreed with our decision to return to departure airport. While we were still in the holding pattern; we each turned off the autopilot to feel the flight characteristics with the malfunction. We both noted the slight left uncoordinated rolling tendency. In addition to this; I also adjusted our speed to determine any ill effect a speed reduction may have on aircraft performance. At all times; we kept the aircraft speed well above vls. Due to our fuel load; we were anticipating an overweight landing (approximately 152;000 pounds). We ran through the overweight landing checklist including calculating our landing distance; started the APU and selected the APU bleed source while on approach. Captain briefed the approach for a landing. As a precaution; the decision was made to approach at a selected speed of vapp plus 7 or 8 (can't remember the exact number). We then briefed the flight attendants of our intentions to return and also informed dispatch; our passenger and operations. Center was then notified that we were declaring an emergency and that we wished to return to departure airport. We gave them our fuel remaining; souls on board and requested crash fire rescue equipment to be standing by. Our descent to the airport was without any issues. On approach; the ECAM showed almost continuous spoiler activation on the right wing as right stick pressure was necessary to keep the wings level. Captain made a flawless landing and applied manual brakes as per his briefing. We safely taxied back to the hardstand and came to a complete stop with the guidance of our ramp personnel. Maintenance arrived shortly thereafter. After it was determined that this was not going to be a quick maintenance fix; the decision was made to deplane the passenger. When captain and I got off the plane; we were amazed to see that the left #5 spoiler appeared to be at full deflection.callback conversation with reporter revealed the following information: the reporter stated that the suspected cause of the spoiler deploying was an error by maintenance in the application of the MEL that was to fully disable one panel. Also because the cannon plug was pulled; the crew had no way of knowing the position of the spoiler.

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Original NASA ASRS Text

Title: AN A320 FLT CREW EXPERIENCED AN UNCOMMANDED SPOILER DEPLOYMENT IN FLT ALTHOUGH THE SPOILER WAS ALLEGEDLY DEACTIVATED PER MEL. AN EMER WAS DECLARED WITH A RETURN TO LAND.

Narrative: WE PUSHED BACK FROM THE GATE AND STARTED BOTH ENGINES. SHORTLY AFTER THE START; WE NOTICED THAT THE LEFT #5 SPOILER WAS DEPLOYED ON THE ECAM. AFTER SOME BASIC TROUBLESHOOTING; WE CALLED MAINTENANCE AND ALL OF US AGREED TO RETURN TO THE GATE. WE PARKED AT A HARDSTAND AND HAD MAINTENANCE COME ON BOARD. THEY DEACTIVATED BOTH #5 SPOILERS AND ADDED THE TWO APPLICABLE MEL'S TO THE AIRCRAFT MAINTENANCE LOG. WE CHECKED THE OPERATIONS PROCEDURES FOR THE INOPERATIVE #5 SPOILERS AND UPDATED OUR RELEASE WITH DISPATCH'S APPROVAL. AFTER THE ABOVE WAS COMPLETED; WE DEPARTED. THE TAKEOFF AND INITIAL CLIMB WAS UNEVENTFUL. SOMEWHERE BETWEEN 8 AND 12 THOUSAND FEET WE NOTICED A SLIGHT FLUTTER. ABOUT THE SAME TIME; ONE OF OUR FLT ATTENDANTS CALLED THE COCKPIT AND SAID THAT A PASSENGER NOTICED THAT ONE OF THE SPOILERS WAS DEPLOYED. WE ASKED THE FLT ATTENDANT TO CONFIRM THIS AND SEE WHICH SPOILER AND HOW MUCH DEFLECTION. THE FLT ATTENDANT INFORMED US THAT IT WAS THE SAME ONE THAT WE HAD PROBLEMS WITH ON THE GROUND (LEFT #5) AND IT WAS UP APPROXIMATELY 25 DEGREES. ONCE MAINTENANCE HAD DEACTIVATED BOTH #5 SPOILERS; THE ECAM SHOWED AMBER X'S INDICATING THAT BOTH #5 SPOILERS WERE INOPERATIVE. AT NO TIME THEREAFTER DID THE ECAM INDICATE THAT THEY WERE DEPLOYED. AT THIS POINT; WE TOLD CENTER WE HAD A PROBLEM AND REQUESTED HOLDING AT THE INTERSECTION. THEY GRANTED THIS AND WE INITIALLY HELD AT FL230. THE MALFUNCTION GAVE US NO ECAM ACTIONS; SO WE PROCEEDED TO THE QRH FOR ANY GUIDANCE AND FOUND NONE. OUR NEXT STEP WAS TO CONTACT MAINTENANCE. AFTER A DISCUSSION WITH MAINTENANCE CONTROL; THEY CONFIRMED THAT THERE WAS NO PROCEDURE FOR THIS ISSUE AND AGREED WITH OUR DECISION TO RETURN TO DEP ARPT. WHILE WE WERE STILL IN THE HOLDING PATTERN; WE EACH TURNED OFF THE AUTOPILOT TO FEEL THE FLIGHT CHARACTERISTICS WITH THE MALFUNCTION. WE BOTH NOTED THE SLIGHT LEFT UNCOORDINATED ROLLING TENDENCY. IN ADDITION TO THIS; I ALSO ADJUSTED OUR SPEED TO DETERMINE ANY ILL EFFECT A SPEED REDUCTION MAY HAVE ON AIRCRAFT PERFORMANCE. AT ALL TIMES; WE KEPT THE AIRCRAFT SPEED WELL ABOVE VLS. DUE TO OUR FUEL LOAD; WE WERE ANTICIPATING AN OVERWEIGHT LANDING (APPROXIMATELY 152;000 LBS). WE RAN THROUGH THE OVERWEIGHT LANDING CHECKLIST INCLUDING CALCULATING OUR LANDING DISTANCE; STARTED THE APU AND SELECTED THE APU BLEED SOURCE WHILE ON APPROACH. CAPTAIN BRIEFED THE APPROACH FOR A LANDING. AS A PRECAUTION; THE DECISION WAS MADE TO APPROACH AT A SELECTED SPEED OF VAPP PLUS 7 OR 8 (CAN'T REMEMBER THE EXACT NUMBER). WE THEN BRIEFED THE FLT ATTENDANTS OF OUR INTENTIONS TO RETURN AND ALSO INFORMED DISPATCH; OUR PAX AND OPERATIONS. CENTER WAS THEN NOTIFIED THAT WE WERE DECLARING AN EMERGENCY AND THAT WE WISHED TO RETURN TO DEP ARPT. WE GAVE THEM OUR FUEL REMAINING; SOULS ON BOARD AND REQUESTED CFR TO BE STANDING BY. OUR DESCENT TO THE AIRPORT WAS WITHOUT ANY ISSUES. ON APPROACH; THE ECAM SHOWED ALMOST CONTINUOUS SPOILER ACTIVATION ON THE RIGHT WING AS RIGHT STICK PRESSURE WAS NECESSARY TO KEEP THE WINGS LEVEL. CAPTAIN MADE A FLAWLESS LANDING AND APPLIED MANUAL BRAKES AS PER HIS BRIEFING. WE SAFELY TAXIED BACK TO THE HARDSTAND AND CAME TO A COMPLETE STOP WITH THE GUIDANCE OF OUR RAMP PERSONNEL. MAINTENANCE ARRIVED SHORTLY THEREAFTER. AFTER IT WAS DETERMINED THAT THIS WAS NOT GOING TO BE A QUICK MAINTENANCE FIX; THE DECISION WAS MADE TO DEPLANE THE PAX. WHEN CAPTAIN AND I GOT OFF THE PLANE; WE WERE AMAZED TO SEE THAT THE LEFT #5 SPOILER APPEARED TO BE AT FULL DEFLECTION.CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE REPORTER STATED THAT THE SUSPECTED CAUSE OF THE SPOILER DEPLOYING WAS AN ERROR BY MAINTENANCE IN THE APPLICATION OF THE MEL THAT WAS TO FULLY DISABLE ONE PANEL. ALSO BECAUSE THE CANNON PLUG WAS PULLED; THE CREW HAD NO WAY OF KNOWING THE POSITION OF THE SPOILER.

Data retrieved from NASA's ASRS site as of May 2009 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.