Kinzua Res., LLC v. Or. Dep't of Envtl. Quality

*332*488Petitioners petition for reconsideration of our decision in Kinzua Resources v. DEQ , 295 Or. App. 395, 434 P.3d 461 (2018). Specifically, petitioners argue that the opinion contains a factual error at 295 Or. App. at 401 n. 4, 434 P.3d 461. That footnote states:

"Like Frontier and ATR, Demers argues on appeal that the commission erroneously construed ORS 459.205 and ORS 459.268. Demers does not separately contend that, to the extent his personal conduct otherwise constituted 'controlling' under those statutes, he acted merely as an agent of Kinzua or another business entity and therefore…