Home > Meetings > Delaware River Partners' Gibbstown Logistics Center Dock 2: Adjudicatory Hearing Information
Delaware River Partners' Gibbstown Logistics Center Dock 2: Adjudicatory Hearing Information
New! DRBC Resolution for the Minutes Adopted September 8, 2022

A request by Delaware River Partners, LLC (DRP) for an extension of the expiration date of Docket D-2017-009-2 for the Gibbstown Logistics Center Dock 2 was discussed as part of the General Counsel’s Report at the DRBC's 3Q Business Meeting on September 8, 2022.

General Counsel Kenneth Warren, Esq., reviewed the project, the timeline of the request and gave his recommendation.

After reading a proposed Resolution for the Minutes, the Commissioners voted 4-0 to adopt. The Resolution for the Minutes, in part, approves DRP’s request for an extension until June 12, 2025 of the three-year period set forth in Section 401.41 (a) of the DRBC's Rules of Practice and Procedure. Delaware, New Jersey, Pennsylvania and the United States approved the Resolution for the Minutes, and New York abstained. There were no "No" votes.

Resolution for the Minutes adopted September 8, 2022 (pdf)
DRBC Resolution for the Minutes Approved December 9, 2020

The Adjudicatory Hearing on Delaware River Partners, LLC's Docket D-2017-009-2 for the Gibbstown Logistics Center Dock 2 was discussed as part of the General Counsel’s Report at DRBC's 4Q Business Meeting on December 9, 2020.

General Counsel Kenneth Warren, Esq., reviewed the timeline and process. 

After reading a proposed Resolution for the Minutes to adopt the findings and recommendation of the Hearing Officer, which affirmed the June 12, 2019, Docket approval, the Commissioners voted 4-0 to approve the Resolution for the Minutes. Delaware, New Jersey, Pennsylvania and the United States approved the Resolution for the Minutes, and New York abstained. There were no "No" votes.

Resolution for the Minutes AND Accompanying Opinion approved December 9, 2020 (pdf)

Resolution for the Minutes approved December 9, 2020 (Resolution only; pdf)

DRBC Opinion accompanying the approved Resolution for the Minutes (Opinion only; pdf)

DRBC Staff Comments on Hearing Officer's Report and Interested Party Objections; Recommended Commission Action (August 2020; pdf)

Approved Docket 2017-009-2 (pdf)

The approval of this Resolution on December 9, 2020, voids the stay approved on September 10, 2020.
DRBC Motion Approved September 10, 2020

The Adjudicatory Hearing on Delaware River Partners, LLC's Docket D-2017-009-2 for the Gibbstown Logistics Center Dock 2 was discussed as part of the General Counsel’s Report at DRBC's 3Q Business Meeting on September 10, 2020.

General Counsel Kenneth Warren, Esq., reviewed the timeline and process. The Commission’s task is to review the Hearing Officer’s Report (linked in next section) and the complete hearing record and make a final determination. Given the size of the record, the technical nature of much of the extensive evidence, and the submission of briefs as recently as last week, completing a careful and thorough review by all of the Commissioners by this meeting has not been possible, and additional time for review and deliberation is required. 

At the meeting, the Commission passed a motion that stayed the DRBC docket approval for the project until the Commission makes a final determination resolving the administrative appeal. 

This motion passed 3-1-1, with New York, New Jersey and Delaware voting yes, the United States voting no, and Pennsylvania abstaining.

View Unofficial Transcript of the General Counsel's Report and DRBC Motion (pdf 185 KB)
Hearing Officer's Report of Findings & Recommendation

On July 21, 2020, Hearing Officer John D. Kelly submitted his Report of Findings and Recommendation.

View Report (pdf 1.2 MB)

See section titled "Adjudicatory Hearing Procedure & Next Steps" below for information regarding next steps moving forward.
Adjudicatory Hearing Procedure & Next Steps

The Delaware River Basin Commission held an adjudicatory hearing (a trial-like proceeding) that commenced on May 11, 2020, on Docket D-2017-009-2, issued by the Commission on June 12, 2019, to Delaware River Partners, LLC for the project known as Gibbstown Logistics Center Dock 2. John D. Kelly, a hearing examiner with the Pennsylvania Department of State, served as Hearing Officer. The hearing concluded on May 20, 2020.

Hearing Procedure:

  • The adjudicatory hearing was conducted pursuant to Article 6 (Subpart F) of the Rules of Practice and Procedure – Sections 2.6.1 through 2.6.10 (18 CFR 401.71 – 401.90).

  • Accordingly, participants were limited to those interested parties who were identified pursuant to Section 2.6.4(a) (18 CFR 401.84(a)), consisting of:

    • Docket holder Delaware River Partners, LLC;

    • Objectors The Delaware Riverkeeper and The Delaware Riverkeeper Network; and

    • Members of the Commission staff.

Next Steps:

  • Delaware River Partners, LLC and the Delaware Riverkeeper Network have up to 20 days to respond with any objections and accompanying briefs.

  • The report of the Hearing Officer, together with objections and briefs, shall be promptly submitted to the Commissioners. 

  • The Executive Director may also submit to the Commissioners staff comments in response to the Hearing Officer's findings and report. 

  • If that occurs, the interested parties to the hearing shall be served with a copy of such submission and may have not less than 10 days to respond before action by the Commissioners. 

Please Note: There is no timeframe for the Commissioners to make the final decision. Further, the Commissioners are not required to accept the Hearing Officer’s recommendation.
Adjudicatory Hearing: May 11 (Start Date); May 20 (End Date)

The Hearing Officer directed that in light of COVID-19 mitigation measures that affect all the essential participants and most basin residents:

  • The Commission’s Adjudicatory Hearing originally scheduled to be held at the New Jersey State Office of Administrative Law in Hamilton, New Jersey beginning on April 15 was to be instead be conducted virtually. The hearing commenced on May 11, 2020. The hearing continued on successive business days until it was completed. The hearing was completed on May 20, 2020. 

  • Although the Hearing Officer directed that participants and principals only were to be admitted to the virtual "hearing room," the Commission posted a link to a video recording of each day’s proceedings on this page, with the goal of posting each day's video by the end of the next business day. 

Written comments were accepted through April 24, 2020 via Smart Comment, the Commission's web-based comment system.
Adjudicatory Hearing Videos

Please note that a link to the video of the preceding day's proceedings was added here by 5 p.m. the following business day. The videos are posted to DRBC's YouTube page; you will need the exact link to view.
Additional Written Comment Period: March 1 - April 24, 2020

Additional written comments on Docket D-2017-009-2 for the Gibbstown Logistics Center Dock 2 were accepted from March 1, 2020, through April 24, 2020. Written comments were submitted through the Commission’s web-based comment system, Smart Comment.

Use of the web-based system ensured that all submissions were captured in a single location and their receipt was acknowledged.

Exceptions to the use of this system were available based on need, by writing to the attention of the Commission Secretary, DRBC, P.O. Box 7360, 25 Cosey Road, West Trenton, NJ 08628-0360.
Supplementary Information

The Commission on June 6, 2019 held a duly noticed public hearing on a draft of Docket D-2017-009-2 for the Gibbstown Logistics Center Dock 2. The Commission accepted written comment on the draft docket through 5 p.m. on June 7, 2019. Pursuant to Section 3.8 of the Delaware River Basin Compact, Pub.L. 87-328, 75 Stat. 688, the Commission by unanimous vote at its regularly scheduled quarterly business meeting on June 12, 2019 approved the final docket, incorporating changes made in response to comments received on the draft.

In accordance with Article 6 (Subpart F) of the Commission’s Rules of Practice and Procedure, The Delaware Riverkeeper and The Delaware Riverkeeper Network (collectively, "DRN") by letter dated July 11, 2019 requested an adjudicatory hearing on the docket approval, and during its business meeting of September 11, 2019, the Commission granted DRN’s request.

Additional Information, Contacts. Additional public records relating to Docket D-2017-009-2 may be obtained through a request in accordance with Article 8 (Subpart H) of the Rules of Practice and Procedure. See https://www.state.nj.us/drbc/about/public/records-access.html for details, and/or contact Denise McHugh at 609-883-9500, ext. 240.  

___________________

Pamela M. Bush
Commission Secretary and Assistant General Counsel
Notice Initially Posted: March 1, 2020
Notice updated: March 30 (hearing postponed), April 15, 2020 (announcing virtual hearing) and April 27, 2020 (comment period closed).
Notice will be updated daily during the duration of the hearing starting May 12 with links to the hearing videos of the preceding day.
Notice updated on July 22, 2020 with link to Hearing Officer's report.
Notice updated on September 10, 2020 with information about DRBC's Motion passed at 3Q Business Meeting
Notice last updated: May 11, 2021