In April 2023, the U.S. NRC staff was directed by the Commission to regulate near term fusion systems under the byproduct material framework in 10 CFR Part 30 and approved a limited scope rulemaking.  The Commission also directed the staff to

• take into account the existence of fusion systems that already have been licensed and are being regulated by the Agreement States, as well as those that may be license prior to the completion of the rulemaking;
• develop a new volume of NUREG-1556 "Consolidated Guidance About Materials Licensees," dedicated to fusion systems, so as to provide consistent guidance across the National Materials Program;
• evaluate whether controls-by-design approaches, export controls, and other controls are necessary for fusion systems; and
• notify the Commission and make recommendations for taking appropriate action as needed, when, in consultation with Agreement States, the staff determines that an anticipated fusion design presents hazards sufficiently beyond those of near-term fusion technologies.

The staff has drafted a technology neutral proposed rule and licensing guide that will be submitted to the Commission in September 2024.  Given the flexibility of Part 30 to safely regulate a wide range of radioactive material uses with varying degrees of radiological hazards, the NRC and Agreement State staff have drafted a risk-informed draft rule and single guidance document to cover the diversity of fusion systems designs currently being considered by commercial fusion companies.  In this session, the panel will discuss the current status of fusion technology development, the challenges in developing a fusion regulatory framework that is predictable and consist across the country, and the importance of communicating the safety of fusion devices to the public for this nascent industry.  Panelists will include representatives from the following:

• the U.S. Nuclear Regulatory Commission
• the Organization of Agreement States
• the Fusion Industry Association
• the U.S. Department of Energy