Separation of fusion and fission regulation codified in new law

President Joe Biden signed legislation Tuesday that codifies the regulation of fusion energy systems under the framework used for particle accelerators, rather than subjecting them to the more extensive regulations used for fission reactors. supply is a part of ADVANCE Act, which Congress passed last month as an amendment to an unrelated fire safety bill.

The Act confirms the decision of the Nuclear Regulatory Commission to classify radioactive materials related to nuclear fusion as “side material” which presents fewer regulatory requirements than the “special nuclear material” associated with fission reactors, such as uranium or plutonium, which could easily be used in weapons. The term “byproduct” refers to how the material becomes radioactive through exposure to accidental radiation, such as that produced by a particle accelerator.

NRC staff is currently working to expand the byproduct framework to include fusion systems, with plans to publish draft regulations until March 2025

According to 2023 NRC Report In evaluating various regulatory options, “short-term” fusion facilities differ from fission facilities in that they would not have the potential to cause large radiation doses to workers or the public in accident scenarios and could not be readily adapted to produce special nuclear material that would pose a proliferation risk. Furthermore, these fusion systems would not require intervention to stop the production of energy and radioactive material, unlike the runaway reactions that can occur in fission reactors.

The NRC defined near-term fusion systems as those currently being considered for deployment by the 2030s and concluded that they would not likely pose risks that would justify treatment under the “disposal” framework for fission reactor facilities. However, they recommended the creation of a hybrid framework to determine when a fusion energy system could be considered a disposal facility and how to regulate it. The commissioners ultimately directed personnel to use the fusion systems adventitious materials framework rather than the hybrid approach, and to request that they be notified if longer-term fusion systems pose additional hazards that require further action.

The merger provisions in the ADVANCE Act are based on bipartisan language Fusion Energy Act first introduced in the House by Rep. Lori Trahan (D-MA) and in the Senate by Sen. Alex Padilla (D-CA). In Press Release, Padilla said the bill establishes “clear regulatory authority to expand commercial U.S. fusion energy facilities and encourage investment in fusion.”

The rest of the ADVANCE Act focuses on accelerating the development of new fission reactors. For example, it encourages companies to pursue fission-based nuclear reactors by lowering the cost of advanced nuclear reactor application processes and awarding financial rewards to the first advanced reactors that meet certain criteria and receive licenses.

“The signing of the ADVANCE Act has given us a landmark victory for the future of nuclear energy in America,” said Senator Shelley Moore Capito (R-WV) in press release. “This is the result of many years of work to build a broad consensus on the benefits of advanced nuclear reactors for our electricity grid, economy and environment.”