The US Nuclear Regulatory Commission (NRC) has set a course to create a regulatory framework for fusion energy systems that builds on NRC’s existing nuclear materials licensing process. As we have previously reported, NRC had considered three options for regulating nuclear fusion. NRC chose to work from the existing process for licensing the use of byproduct materials contained in 10 CFR Part 30, which requires only a limited-scope rulemaking.
Background
In 2009, the Commission asserted, “as a general matter, that the NRC has regulatory jurisdiction over commercial fusion energy devices whenever such devices are of significance to the common defense and security, or could affect the health and safety of the public.”
Congress passed the Nuclear Energy Innovation and Modernization Act (NEIMA) in 2019 to provide a program for developing the US technical expertise and regulatory processes for the commercialization of advanced nuclear reactors.
NEIMA’s definition of advanced reactors includes both advanced fission reactors and fusion reactors. NEIMA directed NRC to establish regulations for advanced reactors by no later than the end of 2027.
In January 2023, based on input from stakeholders and reviews of fusion technologies, NRC Staff submitted to the Commission three proposals for regulating fusion energy systems.
- Option 1 – fusion energy systems would be licensed and regulated as utilization facilities (a category that includes existing fission plants)
- Option 2 – fusion energy systems would be licensed under radioactive materials regulations, specifically the byproduct material regulations in Part 30
- Option 3 – NRC Staff would develop through rulemaking a framework for determining whether a fusion energy system should be regulated as a utilization facility or under a byproduct material approach
Option 2: NRC’s Determined Approach
NRC decided to regulate fusion energy systems using a framework based on the existing process in 10 CFR Part 30 for licensing byproduct material facilities, which is currently used for particle accelerators, among other things. NRC directed the Staff to develop a new volume of NUREG-1556, “Consolidated Guidance About Materials Licenses,” dedicated to fusion energy systems, for the purpose of providing consistent guidance across the National Materials Program.
As part of this undertaking, NRC stated that NRC Staff should consider the existence of fusion systems that have already been licensed and are being regulated by Agreement States, as well as those that may be licensed prior to the completion of the rulemaking. NRC further stated that NRC Staff should evaluate whether controls-by-design approaches, export controls, or other controls are necessary in the near term for fusion energy systems.
Conclusion
NRC voted unanimously on its preferred approach, and notably rejected the Staff’s recommendation to use Option 3, the “hybrid framework” approach. The rulemaking required under Option 3 would have taken many more years to develop a necessary framework than through the adoption of Option 2.
Option 3 would have required a two-phase approach that would have taken years to accomplish. Overall, NRC’s determination to leverage the byproduct material regulations will benefit developers in the form of regulatory certainty and less time-consuming regulation development.