The Path to Fusion Energy Regulations in the United States

In the United States, the U.S. Nuclear Regulatory Commission is the agency that oversees all atomic energy, “so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise” under the Atomic Energy Act of 1954.

In 2009, the NRC formally asserted that it would have jurisdiction over commercial fusion machines as form of atomic energy, but directed staff to delay regulatory development until fusion’s commercial path was clearer. In 2019, when the Nuclear Energy Innovation and Modernization Act (NEIMA) was signed into law, Congress tasked the NRC to create a regulatory framework for fusion by December 31, 2027.

Since the passage of NEIMA, the FIA and the NRC have worked together to guarantee fusion is regulated appropriately, ensuring public health and safety while enabling the industry to grow. The timeline below outlines the key moments and decisions since the passage of NEIMA that ensure fusion is regulated in a appropriate regime, separate from nuclear fission.