Fusion Machine

Fusion machines harness the energy released in a controlled thermonuclear fusion reaction in which two nuclei combine to form a new nucleus. This process occurs in our Sun and other stars. Creating and sustaining the high temperature and pressure conditions for fusion on Earth has been a major technological challenge since the first controlled fusion in 1958. Significant progress has been made in recent decades.

On January 3, 2018, the United States Congress passed the Nuclear Energy Innovation and Modernization Act (NEIMA) that requires the NRC to develop and implement the necessary regulatory frameworks for advance reactor designs by December 31, 2027. Fusion machins are included in the NEIMA's definition for advanced reactor. Therefore, the NRC is working to develop a clear and predictable regulatory framework for the near-term fusion machine designs.

On this page:

• Rulemaking
• Agreement State Participation
• Public Meetings

Rulemaking

On January 3, 2023, the NRC staff submitted SECY-23-0001, "Options for Licensing and Regulating Fusion Energy Systems," providing three options for Commission consideration for. These three options included:

1. Categorization of fusion machines as utilization facilities with the NRC staff developing a new framework to address the associated specific hazards5
2. A byproduct material approach augmenting the framework in 10 CFR Part 30, "Rules of General Applicability to Domestic Licensing of Byproduct Material".
3. A hybrid framework with decision criteria, based on the potential risks and hazards of a specific fusion machine, to determine whether a byproduct material or a utilization facility approach is appropriate for that system.

On April 13, 2023, the Commission issued SRM-SECY-23-0001, "Staff Requirements – SECY-23-0001 – Options for Licensing and Regulating Fusion Energy Systems," approving the option for a limited-scope rulemaking to establish a regulatory framework for fusion machines that augments the NRC's byproduct material framework in 10 CFR Part 30. The Commission included additional direction for the staff:

• The staff should take into account the existence of fusion machines that already have been licensed and are being regulated by the Agreement States, as well as those that may be licensed prior to the completion of the rulemaking.
• The staff should develop a new volume of NUREG-1556, "Consolidated Guidance About Materials Licenses," dedicated to fusion machines, so as to provide consistent guidance across the National Materials Program.
• The staff should evaluate whether controls-by-design approaches, export controls, or other controls are necessary for near-term fusion machines.
• If in the future, the staff, in consultation with the Agreement States, determines that an anticipated fusion design presents hazards sufficiently beyond those of near-term fusion technologies, the staff should notify the Commission and make recommendations for taking appropriate action as needed.

The staff is currently developing the proposed rule and the new volume to NUREG-1556. Both will be issued for public comment.

Agreement State Participation

Agreement States have entered into agreements with the NRC that give them the authority to license and inspect byproduct, source, or special nuclear materials used or possessed within their borders. Under this program, the NRC and Agreement States function as regulatory partners and work together on:

• Development of regulatory guides and procedures
• Development of regulations
• Integrated Material Performance Evaluation Program (IMPEP)

The NRC will leverage this experience and work with all Agreement States to develop a comprehensive framework for regulation of Fusion Machines.

More information on the Agreement States Program.

Public Meetings

The NRC considers public involvement in, and information about, our activities to be a cornerstone of strong, fair regulation of the nuclear industry. We recognize the public's interest in the proper regulation of nuclear activities and the importance of providing opportunities for citizens to be heard. Details of past public meetings on the NRC’s Fusion Machines rulemaking can be found below. This website will be updated when future public meetings are planned and specific meeting details will be provided on the NRC Public Meeting Schedule.