Preparing for Commercial Fusion: FIA White Paper Outlines Regulatory Priorities for U.S. States

Alongside the Organization of Agreement States (OAS) 2026 Annual Meeting in Nashville, where fusion is among the advanced technologies on the agenda, the Fusion Industry Association has released a new white paper, “Fusion Energy, Agreement States, and the Path to Effective Regulation.” The paper outlines how Agreement States can begin preparing their regulatory programs for commercial fusion.

Fusion energy is moving from research toward commercial deployment, with companies planning research facilities, pilot plants, manufacturing centers, and ultimately commercial power plants across the United States. As these projects advance, state governments will play an important role in enabling their safe and efficient deployment. The U.S. Nuclear Regulatory Commission determined that fusion machines should be regulated under the 10 CFR Part 30 byproduct materials framework, rather than like fission reactors – a decision Congress subsequently codified through the ADVANCE Act. As a result, Agreement States will play a central role in licensing and overseeing fusion facilities within their borders.

The white paper identifies areas where states can, if not already, begin preparing for fusion regulation now:

• Review regulatory frameworks: Review existing statutes, regulations, and agency responsibilities to ensure fusion can be licensed under a clear and predictable framework. 
• Develop reciprocity & coordinated review: Coordinate across jurisdictions to avoid duplicative reviews of standardized fusion machines while preserving state authority over site-specific decisions. 
• Build regulatory capacity: Assess staffing, expertise, training, and technical resources now so state programs are prepared as commercial fusion deployment accelerates. 
• Prepare for activated materials: Work with fusion developers to understand anticipated activated materials and prepare appropriate pathways for their management and disposal. 

Preparing now can help states create predictable regulatory environments that protect public health and safety while positioning themselves to benefit from the investment, jobs, advanced manufacturing, and clean energy opportunities associated with commercial fusion. 

FIA and its members stand ready to work with Agreement States as they prepare for this next stage of fusion deployment.

Read the full white paper: