Over the course of 2023, the US Nuclear Regulatory Commission (NRC) has started to develop a regulatory framework for fusion energy systems. Significantly, and as we previously reported, NRC decided to modify the existing process for licensing the use of byproduct materials contained in 10 CFR Part 30 to regulate nuclear fusion. NRC has now issued preliminary proposed rule language for the licensing and oversight of a broad array of fusion systems currently under development.
NRC is proposing revisions to 10 CFR Parts 20, 30, and 51 to augment its byproduct material framework.
Background
The US Congress passed the Nuclear Energy Innovation and Modernization Act (NEIMA) in 2019 to provide a program for developing the United States’ technical expertise and regulatory processes for the commercialization of advanced nuclear reactors. NEIMA’s definition of “advanced reactors” includes both advanced fission and fusion reactors. NEIMA directed NRC to establish regulations for advanced reactors by December 31, 2027.
In response to NEIMA and the continued development of fusion technologies, the NRC Commissioners directed NRC staff to proceed with a limited scope rulemaking.
Proposed Rule Language
The proposed rule includes a revision to the definitions in 10 CFR Part 20 and 30 to define “fusion system” as a
system that, through use of byproduct material or to produce byproduct material, induces nuclear fusion and includes any associated radiation, radioactive material, and supporting structures, systems, and components that are used to contain, process, or control radiation and radioactive materials.
NRC also revised the definition of a “particle accelerator” to remove the qualifier that discharged particulates or other radiation are usually at energies in excess of 1 megaelectron volt.
NRC added a new provision to 10 CFR Part 20 for the disposal of waste resulting from fusion systems to require that such waste must be disposed of in a facility that can demonstrate that the projected dose to an individual who inadvertently intrudes into the waste at the facility will be less than 5 millisievert per year.
For 10 CFR Part 30, NRC proposed new requirements for applications for a specific license for a fusion system that incorporates some requirements for other types of applications, such as a general description of the system and training provided to personnel.
The new provision also requires additional obligations such as descriptions of the applicant’s organizational structure, plan for inspection and maintenance of the system, and methodology for tracking radioactive material inventory. In addition, the NRC proposes to condition issuance of a specific license for a fusion system on demonstration of adequate training and planning to operate and decommission the system safely.
For 10 CFR Part 50, NRC is proposing to explicitly identify fusion systems as required to have environmental reports for the issuance or renewal of a license or other form of permission.
Rulemaking Process
The NRC intends to hold public meetings on November 1 and November 9, 2023 to discuss the proposed language and facilitate discussions with stakeholders on the regulatory framework for fusion systems. The public meetings are noticed on NRC’s website.
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