At the time these documents are offered into evidence or before they are referred to in
court, the parties shall identify these documents as in camera, inform the court reporter of the
trial exhibit mumbers of these documents, and request that the hearing go into an in camera
session.

ORDERED: lem hagsl!

D, Michael Chappell
Administrative Law Judge

Date: November 14, 2002



UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION

In the Matter of

CHICAGO BRIDGE & IRON COMPANY N.Y,
a foreign corporation,

CHICAGO BRIDGE & TRON COMPANY.
a corporation, and

DOCKET NO. 9300

PITT-DES MOINES, INC.,
a corporation.

Ne Ne ee et ee ee

ORDER ON NON-PARTIES’ RENEWED MOTIONS FOR IN CAMERA
TREATMENT OF DOCUMENTS LISTED ON PARTIES’ EXHIBIT LISTS

I

Pursuant ta Commission Rule 3.45(b) and the Order on Non-Partics’ Motions for /7
Camera Treatment of Documents Listed on Purties’ Exhibit Lists, entered on November 1, 2002,
several non-parties have filed renewed motions for in catnera treatment. The November 1, 2002
Order set forth the standards by which the renewed motions are evaluated

115

Non-party Societe Nouvelle Technigaz (“TGZ”), on November 12, 2002, filed a renewed
mation seeking #2 camera treatment for twe declarations made by Jean-Picrre Jolly, Viec
President of Marketing of TGZ, one on June 4, 2002, and the second on August 22, 2002 (“Jolly
Declarations”), TGZ seeks i” camera treatment for a period of three years

As described by the declaration of the Vice President of Marketing for TGZ, the Jolly
declarations contain competitively sensitive and confidential information regarding business and
pricing strategies of TGZ, the disclosure of which would cause the lass of business advantage and
serious and irreparable injury to TGZ. TGZ has demonstrated that public disclosure of the
docurnents would result in clearly defined, serious injury. Accordingly, TGZ’s motion for in
camera treatment is GRANTED.



dn camera treatment, for a period of three years, to expire on December 4, 2005, will be
GRANTED to

portions of the Jolly Declaration, June 4, 2002 (pages 2-3), and
the entire Jolly Declaration, August 22, 2002 (pages 1-6).

At the time these documents are offered into evidence or before they are referred to in
court, the parties shall identify these documents as i” camera, inform the court reporter of the
trial exhibit cumbers of these documents, and request that the heating go into an ir camera
session.

OL

Non-parly Project Technical Liaisen Agsociales, Inc, (“PTLA”), on November 12, 2002,
filed a renewed motion for im camera treatment for certain portions of the deposition testumuny of
Patricia Outtrim, President of PTA, taken June 4, 2002. P'IT.A seeks é camera (reatment for
an indefinite period or, in the alternative, for a period of five years.

As described by the declaration of the President of PTLA, certain portions of the Outtrim
deposition contain competitively sensitive and confidential client information and proprietary
business information. PTLA has demonstrated that public disclosure of the information would
result in clearly defined, serious injury. [lowever, PTLA hag not met the heavy burden of
establishing the unusual circumstances that may warrant indefinite im camera treatment for such
information. Accordingly, PTLA’s motion for #7 camera treatment is GRANTED IN PART.

ft camera treatment, for a period of five years, to expire on December 1, 2007, will be
granted to

portions of the Outtrim Deposition, June 4, 2002 (pages: 10-12; 14-24; 28; 30-40;
44, 50; 52; 54-57, 59; 60; 64-65, 69-70, 72-73, 75, 78; 8; 101; 106-119; 128-
131; 141-148; 142-155; 157-171; 173-174; 177; 183-185; and 190-193),

At the time this document is offered into evidence or before it is referred to in court, the
parties shall identify this document as iv camera, inform the court reporter of the trial exhibit
number(s) of this document, and request that the hearing go into an in camera session.

Ty.

Non-party American Tank and Vessel, Inc. (“AT&V"), on Novernber 12, 2002, filed it
renewed motion seeking in camera treatment for documents that ar¢ documents within Exhibils 1,
2 and 3 to the deposition of William T. Cutts: AT& V's private communicattons with the FIC,
AT&V’s private financial reports for 1998-2001, contidential bid history report form prepared ia


2001, and a confidential contract history report form prepared in 2001. AT&V requests that
these documents be treated as in camera for an indefinite period of time, or in the alternative, for
five years.

The affidavit by the President of AT&V, attached to the motion, states that these
documents contain highly confidential and proprietary information, the disclosure of which would
cause the loss of business advantage and serious and irreparable injury to AT&V, AT&V has
demonstrated that public disclosure of these documents vould result in a clearly defined, seriqus
injury. However, AT&V has not met the heavy burden of establishing the umusual circumstances
that may warrant indefinite in camera treatment for such information. Accordingly, AT&V’s
motion for /# camera treatment is GRANTED IN PART,

én camera treatment, tor a period of five years, to expire on December 1, 2007, will be
granted to the documents described in AT&V’s taotion.

At the time these documents are offered into evidence or before they are referred to in
court, the parties shall identity these documents as #7 camera, inform the court reporter of the
trial exhibit numbers of these documents, and request that the hearing go into an #7 camera
session,

V.

Non-party Zachary Construction Corp. (*ZCC”), on November 12, 2002, filed a renewed
traction sccking in camera treatment for specific portions of the deposition transcript of Moon
Fahei and for documents identified with the bates numbers ZCC 006014-020 and ZCC000030-
059. ZCC seeks i camera treatment for a period of three years.

As described by the declaration of the Vice President and Chief Engineer at ZCC, the
deposition transcript and documents contain competitively sensitive and confidential information
regarding business and pricing strategies of 7CC, the disclosure of which would cause the loss of
business advantage and serious and irreparable injury to ZCC. ZCC has demonstrated that public
disclosure of the documents would result in clearly defined, serious iajury. Accordingly, ZCC’s
motion fot i7 camera treatment is GRANTED

Jn camera treatment, for a period of three years, to expire on December |, 2005, will be
GRANTED to:

portions of the Fahei Deposition (21: 13-25; 22: 1-25; 34:14-20; 35:13-25; 36: 1-25;
and 37:1-14};

ZCC 000014-020; and

7CC 0030-059.