ML24207A026

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Publicmeeting_Presentation for August_14_2024--FusionMachines_ProposedRule
ML24207A026
Person / Time
Issue date: 08/13/2024
From: Dennis Andrukat
Office of Nuclear Material Safety and Safeguards
To:
NRC/NMSS/DREFS/RRPB
References
RIN 3150-AL00, NRC-2023-0071
Download: ML24207A026 (13)
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Text

Fusion Rulemaking:

Conforming Changes with the ADVANCE Act

NRC Public Meeting August 14, 2024 Me et i ng A ge n da

Time To p i c Speaker 1:00 pm Welcome & Meeting Logistics Dennis Andrukat

1:10 pm Opening Remarks Kevin Williams

1:15 pm NRC Presentation: Changes Specific to Fusion in the ADVANCE ACT of 2024 Duncan White

1:30 pm Questions & Answer Session All

1:50 pm Closing Remarks & Adjourn Dennis Andrukat

Topic times are estimated and, depending on the participation level, the meeting could adjourn earlier than scheduled.

If there are concerns with a potential early meeting adjournment, please inform the point of contact for this meeting.

2 Kevin Williams, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards U.S. NRC

3 Changes Specific to Fusion in the ADVANCE Act of 2024

Duncan White Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards U.S. NRC

4 The Accelerating Deployment of Versatile, Advance Nuclear for Clean Energy (ADVANCE) Act was signed into law on July 9, 2024

Adds a new definition of fusion machine to the Atomic Energy Act of 1954, as amended (AEA)

ADVANCE Incorporates fusion machine into the definition of byproduct material in Section 11e(3)(B) of the AEA Act of 2024 Made conforming changes to the Nuclear Energy Innovation and Modernization Act (NEIMA) to replace the term fusion reactor with fusion machine

Tasked the Commission with performing a study on mass-production of fusion machines and submitting a report to Congress on the results (this is separate from this rulemaking effort)

5 Prel iminar y Proposed Rul e L anguage:

Revi sed Def i niti ons

Byproduct material a ny mate ria l t h at (A) has been made radioactive by use of a particle accelerator, including by use of a fusion machine; and (B) if made radioactive by use of a particle accelerator that is not a fusion machine, is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity;

[10 CFR Parts 20, 30, 37, 50, 72, 110, 150, 170, and 171]

Fusion machine [replaces definition of fusion system]

a machine that is capable of (1) transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and (2) directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation.

[10 CFR Parts 20 and 30]

6 Prel iminar y Proposed Rul e L anguage:

Revi sed Def i niti on

Particle accelerator means any machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 megaelectron volt. For purposes of this definition, accelerator is an equivalent term. For the purposes of this part, the term particle accelerator does not include fusion machines.

[10 CFR Parts 20, 30, and 110 ]

7 (a) Licensed material as defined in paragraphs (3) and (4) of the definition of Byproduct material set forth in

§20.1003 may be disposed of in accordance with part 61 of this chapter, even though it is not defined as low-level radioactive waste, except that waste resulting from fusion machines that differs Proposed significantly from the waste types and radionuclide concentrations considered during the development of 10 CFR part 61 must be disposed of in a disposal Revision to facility that has completed a site-specific intrusion assessment that demonstrates the projected dose to an individual who inadvertently intrudes into the 10 CFR waste at the facility will be less than 0.5 rem (5 (mSv))

per year. Therefore, any licensed byproduct material being disposed of at a facility, or transferred for 20.2008 ultimate disposal at a facility licensed under part 61 of this chapter, must meet the requirements of

§20.2006.

Note: Fusion machine will be licensed material pursuant to paragraph (3) of the definition of Byproduct material in §20.1003.

8 Fusion Machine v. Particle Accelerator

Particle accelerator requirements already exist in 10 CFR 30.32( j)

Need to distinguish new fusion machine requirements from existing particle accelerator requirements to provide regulatory clarity since these two technologies could have different hazard profiles

The definition of particle accelerator in 10 CFR Parts 20, 30, & 110 would be amended and a separate definition of fusion machine in 10 CFR Parts 20 & 30 to make this regulatory distinction

9 Question & Answer Session

We encourage questions from all stakeholders during this meeting regarding the presented preliminary changes resulting from the ADVANCE Act. We are not officially accepting comments today and will not provide any formal responses to any feedback provided during this meeting.

10 Up comi ng Mi l estones

October 15, 2024 Spring 2026 December 31, 2027

Draft proposed rule (and guidance) to Draft final rule to Commission NEIMA deadline Commission

Publish proposed rule in Federal Register Public comment period and public meeting Publish final rule in Federal Register Spring 2025 Fall 2026

11 Additional Information

Public Meeting

Information

  • Future Public Meeting: To Be Held During Public Comment Period
  • NRC Public Website: Fusion Machines Rule Information
  • Rulemaking Docket ID: NRC-2023- 0071 (www.regulations.gov)

12 Thank You!

C o nta c t s Dennis Andrukat, Rulemaking Project Manager Dennis.Andrukat@nrc.gov

Duncan White, Technical Lead Duncan.White@nrc.gov

Meeting Notice / Feedback Form: https://www.nrc.gov/pmns/mtg?do=details&Code=20240964

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