Fusion

Nuclear fusion is the process by which two atomic nuclei—the central cores of atoms, made up of protons and neutrons—combine to form a heavier nucleus, releasing energy. This reaction occurs naturally in the sun and stars, and technologies to replicate it for energy applications are currently in development. Unlike nuclear fission, which splits atoms, fusion does not produce long-lived radioactive waste. While fusion technology is still in development, the Nuclear Regulatory Commission (NRC) is engaging with stakeholders to understand the regulatory considerations associated with potential future fusion facilities.

Fusion Machine (not Reactor)

Unlike traditional nuclear power, which relies on fission reactors to split atoms, nuclear fusion will likely be generated in machines designed to replicate the high-temperature and high-pressure conditions found in the sun. These machines, such as tokamaks and stellarators, use powerful magnetic fields or lasers to heat and confine hydrogen isotopes until they fuse, releasing energy. 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, but significant progress has been made in recent decades. While often referred to as "fusion reactors," fusion machines are not reactors in the sense normally associated with nuclear power because they do not rely on a self-sustaining chain reaction to produce energy. Instead, fusion machines require a continuous external energy input to maintain the conditions necessary for fusion to occur.

Authority for Fusion

On July 9, 2024, the enactment of the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, or the ADVANCE Act, amended the definition of byproduct material in Atomic Energy Act of 1954 (AEA) to include radioactive material produced by fusion machines. The AEA, in Sections 81 and 82, among other things prohibits the possession of byproduct material except as authorized by the NRC. Section 274 of the AEA authorizes the NRC to discontinue this authority in a State by Agreement with the governor of that State. Thus, in certain “Agreement States,” the possession of byproduct material, including radioactive material produced by fusion machines, is regulated by the State rather than the NRC.