BM,
Perhaps it came from the replay; ESIR is a report of known facts, at the time it was submitted?
The Lancair 4 was known to MC Tower, not BN Enroute.
BN Enroute or the pilot of the Virgin aircraft had no idea the Lancair was to level off at FL165, as it turns out it did; when traffic was given (first time), the lancair wass passing FL152, I've been told, why didn't the lancair do something else (about rate of climb, heading etc) is as equally valid about making assumptions about ATCs (initiating avoidance through headings) role or the Virgin (adjusting ROD) crew.
I take your point about the Lancair doing everything right, seeing and avoiding, one call from him would have eased everyone's "Sphincters".
The TCAS RA is based on a 400 foot intrusion, so for it to go off, it 400 feet must have come into it (or so I believe).
Fact, Dick is just wrong, today especially. Training is now the issue, hello... hello...
Bottle of Rum