The Regulation of Fusion – A Practical and Innovation-Friendly Approach February 2020 Amy C. Roma and Sachin S. Desai AUTHORS Amy C. Roma Sachin S. Desai Partner, Washington, D.C. Senior Associate, Washington, D.C. T +1 202 637 6831 T +1 202 637 3671
[email protected] [email protected] The authors want to sincerely thank the many stakeholders who provided feedback on this paper, and especially William Regan for his invaluable contributions and review of the technical discussion. TABLE OF CONTENTS I. EXECUTIVE SUMMARY 1 II. THE STATE OF FUSION INNOVATION 3 A) An Introduction to Fusion Energy 3 B) A Rapid Growth in Private-Sector Fusion Innovation 4 III. U.S. REGULATION OF ATOMIC ENERGY - NOT ONE SIZE FITS ALL 7 A) The Foundation of U.S. Nuclear Regulation - The Atomic Energy Act and the NRC 7 B) The Atomic Energy Act Embraces Different Regulations for Different Situations 7 1. NRC Frameworks for Different Safety Cases 8 2. Delegation of Regulatory Authority to States 9 IV. THE REGULATION OF FUSION - A PRACTICAL AND INNOVATION- FRIENDLY APPROACH 10 A) Fusion Regulation Comes to the Fore, Raising Key Questions 10 B) A Regulatory Proposal That Recognizes the Safety Case of Fusion and the Needs of Fusion Innovators 11 1. Near-Term: Regulation of Fusion Under the Part 30 Framework is Appropriate Through Development and Demonstration 11 2. Long-Term: The NRC Should Develop an Independent Regulatory Framework for Fusion at Commercial Scale, Not Adopt a Fission Framework 12 V. CONCLUSION 14 1 Hogan Lovells I. EXECUTIVE SUMMARY Fusion, the process that powers the Sun, has long been seen Most fusion technologies are already regulated by the NRC as the “holy grail” of energy production.