In the Matter of

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UNITED STATES OF AMERICA

BEFORE FEDERA TRAE COMMISSION

S(CREM\'

CHICAGO BRIGE & IRON COMPAN, N.

a foreign corporation

Public

CHICAGO BRIGE & IRON COMPAN

a corporation, and

Docket No. 9300

PITT-DES MOINES, INC.

a corporation.

To: Commission

COMPLAINT COUNSEL'S RESPONSE TO

RESPONDENTS' SUPPLEMENT TO PETITION TO RECONSIDER

Respondents' supplement to their petition to reconsider demonstrates why cases must be

decided based on the evidence presented at trial and not on the basis of shifting hearsay accounts

of the latest news a par believes may be useful to its cause. Respondents apparently view as an

invitation, rather than a waring, Complaint counsel's observation that " (i)frespondents' petition

is suffcient to reopen the record. . . it will be time to reopen the record again" every time a

project is awarded. Complaint Counsel's Opposition to Respondents' Petition to Reconsider at 3

CCO"

Respondents filed their petition to reconsider on Februar I , 2005 , and Complaint

counsel filed a timely opposition to the petition on Februar II. Now, on Februar 14

respondents file a "supplement" to their petition to present information that respondents concede
CB&I learned on February 4 2005. The updated declaration submitted by respondcnts as an

attachment to, and basis for, their "supplement" is identical to the declaration attached to

respondents' petition for reconsideration save for the final paragraph wherein Mr. Blum now

asserts that he has somehow "leared that the LNG tank subcontract for the Sabine Pass project

has been awarded to MHI/atrix." Declaration of Ronald E. Blum '19, February 11 , 2005. Mr.

Blum states neither how he "leared" that the LNG tank subcontract has been awarded for the

Sabine Pass project nor whether this is a new development or simply a repeat of the news

previously reported by respondents that Cheniere had selected the tan subcontractor for the

project. See Respondents' Petition at 10.

Nothing in respondents' supplement provides a basis for reconsideration by the

Commission of its decision in this matter or for reopening the record. Indeed, the declaration

attached to respondents' supplement reaffrms that CB&I conditioned provision of technical

services for Cheniere s Sabine Pass and Corpus Chrsti projects on "commitment ITom Cheniere

to negotiate exclusively with CB&I for the full engineering, construction, and procurement for

each project" even though "CB&I understood" that forcing Cheniere to turn to someone else for

engineering services would mean that someone other than CB&I "would have a preferred

position with respect to obtaining the award of the EPC contract" for the two projects. Blum

Declaration '1 4, Februar 11 , 2005.

For the foregoing reasons, Complaint counsel request that respondents' petition for

The Commission may, in its discretion, accept respondents ' supplement to the

arguments presented by respondents on Februar 1. Rule 3.55 makes no provision for filing of a

reply with respect to a petition to reconsider. 16 C.F.R. 9 3.55. Rule 3.22(c) provides that a

moving par shall have no right to reply, except as permitted by the . . . Commission." 16

R. 93.22(c). In the event the Commission grants respondents leave to file their supplement

Complaint counsel request that the Commission grant Complaint counsel leave to submit this

response thereto.
reconsideration be denied.

DATED: Februar 16, 2005.

Respectfully submitted

Rhett R. Krlla

Elizabeth A. Piotrowski

Steven Wilensky

Counsel Supporting the Complaint

Bureau of Competition

Federal Trade Commission

Washington, D.C. 20580
CERTIFICATE OF SERVICE

I hereby certifY that I today caused:

One original and twelve copies of Complaint Counsel' s Response to

Respondents' Supplement to Petition to Reconsider , to be served by hand delivery

and one copy to be served by electronic mail upon:

Offce of the Secretar

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

One copy to be served by hand delivery upon:

Nada Sulaiman

Winston & Strawn

1400 L Street, NW

Washington, DC 20005

One copy by facsimile and by first-class mail upon:

J effTey A. Leon

Duane M. Kelley

Winston & Strawn

315 W. Wacker Drive

Chicago, IL 60601-9703

(312) 558-5600

Clifford H. Aronson

Skadden, Ars, Slate, Meagher & Flom LLP

Four Times Square

New York, NY 10036

(212) 735-2644

Counsel for Respondents

Rhett R. Krlla

Commission Counsel

DATED: February 16, 2005