Date: 201708
Location: ZZZ.Airport, US
Aircraft: B737 Undifferentiated or Other Model
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Aircraft component: Fuel System
Component problem: Improperly Operated
Reporter organization: Air Carrier
Reporter function: Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Communication Breakdown
Anomaly: Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural MEL / CDL; Deviation / Discrepancy - Procedural Maintenance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Flight Crew
When detected: Aircraft In Service At Gate
Result: General Maintenance Action
Contributing factors: Aircraft; Company Policy; MEL; Manuals
Primary problem: MEL

Narrative: We were assigned an aircraft with the left center fuel pump deferred. The deferral; stated under flight planning restrictions that 'Center fuel tank must remain empty'. Upon arriving to the flight deck we discovered there was 480 lbs of fuel loaded in the center tank. I called hub maintenance to inform them of the center tank fuel and that the MEL requires it to be empty. A mechanic appeared shortly thereafter and wanted to transfer the center tank fuel to the wing tanks. I told him that the wing tanks were full and that probably wasn't possible. Passengers were then boarded for departure. I called maintenance and asked if they intend to drain the center tank fuel and to please let us know because the passengers would then need to be deplaned. At that point; a different mechanic came into the flight deck and inquired about our issue. He told us that there isn't a problem because the 480 lbs is unusable fuel and we are good to go. My response was the MEL says the tank must be empty and I was unwilling to accept the aircraft with it's current fuel load. The mechanic commented that this will require the center tank fuel to be drained. I was concerned that the situation was not properly being addressed. I called my dispatcher; informed him of the situation; and requested a phone patch with [maintenance]. Both the dispatcher and [maintenance] agreed that operation under the current MEL required the center tank to be empty and we were not legal to depart with the 480 lbs currently in the tank. [Maintenance] suggested changing the MEL which allows a center pump deferral with fuel in the center tank. I agreed and after the call I informed maintenance that [maintenance control] would be calling them with a deferral change. Minutes later another [company] employee came into the flight deck and only after I asked who he was; identified himself as a maintenance supervisor and asked what the problem was. I explained the situation and told him that after consultation with dispatch and [maintenance control] the problem had been resolved with an MEL change. The supervisor left the flight deck.While waiting for the new MRD and RLS5; a flight operations representative appears and asks if he could help and if we had all the tools needed. I explained the issue and the solution. He commented that operations thought we were legal with the initial deferral and fuel in the center tank because 'the pumps needed to be covered with fuel.' This entire process from start to finish took 1:20. The new MRD and dispatch release were received and we departed uneventfully.What I didn't state in the original report is when maintenance figured out they would have to drain the center tank to satisfy the current MEL; they essentially paraded a line of people to persuade me to take an airplane that I knew was in violation of the current MEL.




Synopsis: B737 Captain reported that the fuel system condition did not match the requirements in the fuel pump deferral.