; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation The Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities. (1) In general Subject to paragraphs (2) and (3), the Commission .