The Nuclear Regulatory Commission announced on April 14 that it will regulate fusion energy systems using a framework based on the agency’s 10 CFR Part 30 process for licensing byproduct material facilities—such as particle accelerators—rather than 10 CFR Parts 50 and 52, which are used to license utilization facilities like fission power reactors. The commission’s decision means that future fusion energy facilities could be regulated by Agreement States acting with guidance from the NRC.

Steven Arndt
president@ans.org

Much has been written about regulation over the years, including whether or not the nuclear industry is overregulated or whether the regulator is in the industry’s “pocket.” Having a capable and independent regulator is important to the industry for a number of reasons, such as ensuring the safety and security of nuclear facilities and the trust an effective regulator can engender in vendors, investors, international organizations, and the public. However, regulation simply to engender trust or ensure all voices are heard is neither effective nor sufficiently adaptive to support a vibrant and innovative industry. Moreover, overregulation slows innovation, stifles creativity, drives costs upward, and creates scheduling challenges.

So how did the Nuclear Regulatory Commission become the “gold standard” of regulation? The pat response is because of its long history, experience, and available resources. I would contend, however, that what the NRC did better than most—if not all—national nuclear regulators was innovate and develop new ideas and act as the cocreator of the nuclear industry.

Who better to talk with about the licensing of nuclear facilities and materials than Christopher T. Hanson, the chairman of the five-member Nuclear Regulatory Commission? Hanson is the principal executive officer of and official spokesman for the NRC. As a collegial body, the Commission formulates policies, develops regulations governing nuclear reactor and nuclear material safety, issues orders to licensees, and adjudicates legal matters.

Future fusion energy facilities will continue to be regulated by the Environment Agency (EA) and Health & Safety Executive (HSE), the U.K. government announced June 20, and existing law on nuclear regulations will be amended to exclude fusion energy facilities from nuclear fission regulatory and licensing requirements. The move was announced by the United Kingdom Atomic Energy Authority (UKAEA) with the expectation it would provide “clarity to developers of prototype/demonstration fusion facilities currently being planned to support rapid commercialization.”

Sama Bilbao y León is director general of the World Nuclear Association.

The global nuclear sector is at a crucial point. The future of nuclear power looks brighter than it has in many years, but it is up to us to capitalize on the current momentum and make the most of this opportunity.

We have recently seen new proposals and policy announcements from companies and governments around the world indicating a growing recognition of the essential role nuclear energy must play in the future.

Humanity has less than 30 years to reach net zero. Nuclear energy offers a golden opportunity to build a cleaner, more equitable world in which everyone has access to clean, abundant, affordable energy and a high quality of life.