; or (2) the Commission determines, after notice and opportunity for hearing, that the company or person exercises, directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more companies or persons), a controlling influence over the management of the owner or operator. 3. 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 transmission and interconnection services and wholesale markets described in subparagraphs (A), (B), or (C) of paragraph (1). . 4. 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 section 3, is further amended by adding at the end the following: (9) State or local determination After 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 finds, and submits to the Commission a written determination, that— (A) the electric utility has no need to purchase electric energy from such qualifying small power production facility in the amounts to be offered within the timeframe proposed by the qualifying small power production facility, consistent with the needs for electric energy and the timeframe for those needs as specified in an electric utility’s integrated resource plan, in order to meet its obligation to serve customers