U.S. Nuclear Regulatory Commission Publishes Proposed Rule and Guidance for Fusion Regulatory Framework

On February 26, the U.S. Nuclear Regulatory Commission (NRC) published its proposed rule and draft guidance on the Regulatory Framework for Fusion Machines. The rule is now open for public comment, and will then be finalized and implemented in October. This is an important, nearly final, step in the process for solidifying clear and specific fusion regulations in the U.S. and FIA will submit comments. 

In 2023, the NRC Commissioners voted unanimously to regulate fusion under 10 CFR Part 30 – the same framework used for particle accelerators – separating fusion from nuclear fission. The decision created a materials-based licensing framework for fusion-related byproduct material. Since then, the NRC has held public meetings on draft rule language and guidance. Congress also codified this approach through bipartisan and bicameral legislation (the ADVANCE Act and Fusion Energy Act), making the United States the second country (following the United Kingdom) to establish a fusion-specific regulatory framework. The proposed rule formally defines fusion machines as particle accelerators, in line with Congressional action, allowing legal precedent from the long history of accelerator regulation to inform fusion regulation. 

For a history of the path to fusion regulations in the U.S. – check out our highlight timeline. It is important to public safety and industry that the rules regulating fusion energy are clear, fair, and supportive of innovation, while assuring the safety and security of the public.

Due to their fundamental differences, fusion energy should not be regulated like nuclear fission, and should not require the same lengthy permitting processes for each facility. By implementing this rule, the NRC will be taking an important step towards building a thriving fusion energy economy in the United States.