; and (B) on a million British thermal unit basis, uses at least 80 percent of its total annual aggregate net output of electric energy and useful thermal energy for onsite industrial, commercial, or institutional purposes, rather than for sale. (c) Affiliation and association The Commission shall consider the owners or operators of facilities to be affiliated or associated for purposes of this section if they are affiliates or associate companies within the meaning of those terms as defined in section 1262 of the Public Utility Holding Company Act of 2005 ( 42 U.S.C. 16451 ). (d) Control The Commission shall consider the owner or operator of a facility to be under the control of a company or person for purposes of this section if— (1) the company or person directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of the owner or operator; 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 (A) In general For purposes of this subsection, except as provided in subparagraph (B), 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). (B) Exception Subparagraph (A) does not apply to a qualifying small power production facility that, as of the date of enactment of this paragraph— (i) produces both electric energy and useful thermal energy