; or (ii) such a market has a governance structure and operation that is wholly separate and autonomous from a regional transmission organization or an independent system operator; or (D) wholesale markets that are of comparable competitive quality to markets described in subparagraph (A), (B), or (C). . (d) Nondiscriminatory access Section 210(m) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(m) ) is amended by adding at the end the following: (8) Nondiscriminatory access For purposes of this subsection, a qualifying small power production facility with an installed generation capacity of 2.5 megawatts or greater is presumed to have nondiscriminatory access to the transmission and interconnection services and wholesale markets described in subparagraphs (A), (B), (C), and (D) of paragraph (1). . (e) Recognition of State or local determinations Section 210(m) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3(m) ) (as amended by subsection (d)) is amended by adding at the end the following: (9) State or local determination Effective beginning on the date of enactment of this paragraph, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying small power production facility under this section, if the appropriate State regulatory agency or non-regulated electric utility determines that— (A) the electric utility has no need to purchase electric energy from the qualifying small power production facility in the quantities offered within the timeframe proposed by the qualifying small power production facility to meet any obligation to serve a customer, consistent with the needs for electric energy and the timeframe for those needs, as specified in the integrated resource plan of, or other applicable demonstration of need by, the electric utility