Date: 201504
Local time of day: 1201-1800
Location: SPS.Airport, TX
Aircraft: EMB ERJ 170/175 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Descent
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Situational Awareness
Anomaly: Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
Detector: Person Flight Crew
When detected: Aircraft In Service At Gate
Result: Flight Crew Diverted
Contributing factors: Manuals; Human Factors; Company Policy; Aircraft
Primary problem: Human Factors

Narrative: On initial descent we were given instructions to hold on the arrival.  The hold was given due ATC outage and technical difficulties.  We entered the hold; calculated hold fuel; and briefed dispatch.  We had been given an alternate of ACT in pre-departure planning.  Upon viewing the 10-7 for ACT we saw that it was a gas and go alternate only; limited services.  We elected to look for a new alternate because our APU was deferred and shutting down at ACT would be problematic.  Will Rogers was discussed but due to enormous volume of diversions was no longer accepting aircraft so we settled on SPS; Wichita Falls; and we got in line.  Halfway there ATC said we could go back on the arrival and land but it was too late; we would be below min fuel for the return trip even with priority handling so we continued to SPS.  We landed uneventfully; taxied to the FBO; eventually refueled; got new paperwork; and then departed after some 2 hours on the ground.There was some confusion about our situation on the ground at SPS.  We parked on a concrete FBO ramp.  I called the FBO phone number to let them know about our need to keep 1 engine running and how we would be handling it per the FOM.  After that coordination; I called dispatch and discussed options for getting gas and getting out of there.  On taxi in we had received an ACARS stating that we should 'hot fuel.'  The First Officer (FO) and I referenced FOM chapter 9.  This is the section that covers refueling away from the gate with passengers on board and stairs not available.  By following this guidance I call the tower and told them to inform ARFF that we would be refueling with passengers on board; we kept the doors armed and the flight attendants on alert while the refueling was taking place.  The fueling was completed using pressure refuel and only the #1 engine running.  The FO and I also referenced AOM; which instructed us to turn off pack 2; and refrain from any switch movement or electrical use during the operation.  After this operation; the fueler brought over a ladder; climbed up to the FO window; handed us a fuel slip and the new paperwork and left.  At this point chief pilot called my phone and asked if we had refueled yet.  I said yes and he asked what procedure did I follow and I told him the FOM and AOM sections we referenced.  He said he would look them up and call me back.  Meanwhile since the engine never shut down we could not get an 'in' time and also our dispatcher could not generate us a new ATC flight plan; or complete a weight and balance for us.  SO; our flight had to be canceled out in the system and a whole new flight created.  Again; we got new paperwork and flight plan and clearance.  During this time; we received an ACARS that our hot fuel procedure was correct and to continue with the new paperwork.  We did so without incident.  However; the takeoff out of SPS was nonstandard.  The tower only cleared us to 1;000 feet AGL after takeoff so we briefed and performed an abbreviated climb profile.  We leveled and cleaned up at 1;000 feet AGL before being cleared higher.  This was due active military airspace around the field.  The big issue here was the AOM and FOM not covering our specific situation or talking to each other.  The AOM has a procedure for refueling with an engine running but not an engine running AND passengers on board scenario.  It also does not prohibit the action.  The same goes for the FOM.  It has a refueling away from the gate with no stairs section; but does not address our situation of an engine running AND away from the gate.  I believe the way we proceeded with this procedure was the correct and ONLY way that a favorable outcome to this flight was achieved.




Synopsis: EMB-175 Captain reports diverting with an inoperative APU then having to hot refuel with passengers on board and away from a gate. A specific procedure for accomplishing this task cannot be found in the FOM or the AOM so partial procedures from each manual are used to complete the refueling and the flight departs.