ML25189A253
| ML25189A253 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/2025 |
| From: | Duane White Office of Nuclear Material Safety and Safeguards |
| To: | |
| References | |
| Download: ML25189A253 (1) | |
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NRC & Agreement State Fusion Activities Duncan White, Office of Nuclear Material Safety & Safeguards Jill Wood, Washington Department of Health National State Liaison Officer G2G Meeting 2025
Fusion Machine and ADVANCE Act Updates Duncan White, CHP Office of Nuclear Material Safety and Safeguards June 24, 2025
How We Got Here 2
Jan. 14, 2019 The Nuclear Energy Innovation and Modernization Act (NEIMA); signed into law Oct. 2, 2020 Commission Issued SRM-SECY 0032, Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors (directed staff to develop options for fusion regulation)
Jan. 3, 2023 NRC staff submitted SECY-23-0001, Options for Licensing and Regulating Fusion Energy Systems Apr. 13, 2023 Commission issued SRM-SECY-23-0001 Options for Licensing and Regulating Fusion Energy Systems July 9, 2024 The Accelerating Deployment of Versatile, Advance Nuclear for Clean Energy (ADVANCE)
Act was signed into law on July 9, 2024 Dec. 11, 2024 NRC staff submitted the Fusion Machine proposed rule to the Commission, SECY-24-0085, Proposed Rule:
Regulatory Framework for Fusion Machines (3150-AL00; NRC-2023-0071)
SECY-24-0085: Proposed Rule: Regulatory Framework for Fusion Machines
- Provided to NRC Commission on December 11, 2024
- Limited rulemaking
- Technology neutral and risk-informed
- Incorporates new and revised definitions from ADVANCE Act of 2024
- ADAMS Accession No. ML24019A060 3
Fusion Machine Licensing Guidance NUREG-1556, Volume 22 (revised proposed draft version released on March 12, 2025 (ML24295A002))
- Applies to fusion machines for research and development or commercial deployment
- Risk-informed and technology neutral
- Leverages existing 10 CFR Part 30 requirements applicable to all licensees
- Emphasizes containing, shielding, processing, or controlling radiation and radioactive materials
- Limited to specific components where radioactive materials are present (i.e., not facility-wide) 4
Section 205 of the ADVANCE Act 5
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)
Incorporates fusion machine into the definition of byproduct material in Section 11e(3)(B) of the AEA Made conforming changes to the Nuclear Energy Innovation and Modernization Act (NEIMA) to replace the term fusion reactor with fusion machine Tasked the NRC with performing a study on mass-production of fusion machines and submitting a report to Congress on the results (Section 205 (c))
ADVANCE Act Section 205(c) Requirements 6
Perform a study on performance-based, design-specific licensing frameworks for mass-manufactured fusion machines Study to be performed in consultation with Agreement States and private fusion sector Evaluate the design, manufacturing, and operations certification process for aircraft used by the Federal Aviation Administration as a potential model for fusion machines Develop an estimated timeline for the NRC to issue consolidated guidance or regulations for licensing mass-manufactured fusion machines, considering the results of the study and anticipated need Submit a report to Congress by July 9, 2025
ADVANCE Act Section 205(c)
Processes Evaluated NRC standardized review processes:
- Sealed sources and devices under 10 CFR Part 32
- Transportation packages under 10 CFR Part 71
- Independent spent fuel storage casks under 10 CFR Part 72
- Nth of a Kind approach being considered for microreactors Certification processes of other Federal and State regulatory agencies:
- The Federal Aviation Administrations design, manufacturing, and operations certification of aircraft
- The Food and Drug Administrations review of radiation therapy medical devices
- The Department of Transportations regulation of safety-related components for vehicles
- Agreement State licensing of fusion machines and medical devices 7
Indicators for Industry Readiness Technical achievements Full-scale demonstration of novel components Mass-manufacturing of fusion machine parts Supply chain management Successful operation of pilot plant Funding certainty 8
ADVANCE Act Section 401 Report
- Advanced Methods of Manufacturing and Construction for Nuclear Energy Projects
- Report focused on advance reactors but included fusion machines
- Brief discussion on current efforts for standards and codes
- Report sent to Congress on January 6, 2025
- Report available at ML24292A171 9
External Engagement 10 Meetings with external stakeholders Public meetings Government-to-Government DOE, International, and private fusion sector site visits Professional societies (ASME, HPS)
Consultation with other regulators Department of Energy Food and Drug Administration Federal Aviation Administration Department of Transportation Agreement States International community
NRCs Vision and Strategy: Regulating Fusion Machines Across the National Materials Program
- Vision NRCs Principles of Good Regulation
- Strategic Focus Regulatory Optimization Technical Readiness Partnership and Coordination
- Outcomes Regulatory Preparedness Prototypes, Demonstrations, and Other Single-Site Projects Broader Adoption Released on March 11, 2025 (ML25069A706) 11
Fusion Training Plan for the NMP Phase I: Fusion Fundamentals (March - May 2026)
Part 1 will provide an introduction into basic science, mathematics, and physics associated with fusion Part 2 will provide an overview of near-term fusion machine design approaches and their associated hazards Phase II: Regulatory Training (July 2027)
Changes to regulations and new guidance associated with fusion machines concurrent with final rule Update G-108 and G-109 inspection and licensing courses Phase III: Formal Fusion Technology Course (TBD)
Instructor-led fusion technology course 12
Standing Committee for Fusion Machine Expertise Advisory role for fusion program development
- Share lessons learned and best practices
- Provide technical assistance to the NMP on licensing and inspection issues
- Track readiness of commercial fusion technology development
- Provide recommendations to the NMP on regulatory issues
- Provide input to guidance for IMPEP review process
- Provide input on qualification and refresher training for licensing reviewers, inspectors, and standard device designs reviewers
- Provide input on gaps or conflicts in regulatory framework impacting regulatory effectiveness 13
NMP Fusion Accomplishments 14 Two proof-of-concept fusion machines licensed Limited scope draft regulations submitted Preliminary licensing guidance (NUREG-1556, vol. 22) published CRCPD E-47 Technical White Paper: State Regulation of Fusion Machines Fusion specific State siting legislation adopted Training Plan Developed
Upcoming Milestones 15 Section 205(c) Report due to Congress (mass-manufacturing)
Summer 2025 Publish proposed rule in Federal Register Fall 2025 Draft final rule to Commission Late Spring 2026 Publish final rule in Federal Register Fall 2026 NEIMA deadline December 31, 2027
Cognizant Executive Leadership Duncan White -
Technical lead for fusion rulemaking, vision and strategy activities Allyce Bolger - Technical lead for fusion guidance Dennis Andrukat -
Project lead for fusion rulemaking Ed Harvey -
Technical/project lead for Section 205 study Trisha Gupta Sarma -
Fusion project support and communications Taylor Lamb -
Fusion project support and communications 16
State Liaison Officer Meeting Fusion in WA State June 24, 2025 Jill Wood, Director Office of Radiation Protection Washington State Department of Health
Energy in WA State:
Washington State has a long history of research, energy development, and working with advanced science and technology.
Washington State Department of Health The first large scale nuclear fission Reactor B was put into operation in 1944 at Hanford.
The first large scale fusion system (Helion) is planned to be in operation by 2028.
Columbia Generating Station is a nuclear commercial energy facility located at Hanford.
Fusion in WA State:
2020 - Fusion companies began to establish and obtained DOH licenses and registrations to operate in the research and development phase.
2023 - Governors Budget Proviso was issued. DOH completed an initial report to identify gaps and readiness to licensee and register fusion as facilitates transition to developing power in a commercial phase.
2024 - Substitute House Bill 1924 was passed. DOH co-lead a work group to identify and evaluate permitting, siting, licensing, and registration pathways for fusion companies.
2024 - ADVANCE Act. Fusion is regulated under Title 10 CFR Part 30.
2025 - House Bill 1018 removes regulatory barriers and provides clarity to state agencies and the fusion industry.
Washington State Department of Health
WA State is at the forefront for commercial fusion and supporting the fusion industry is critical to the state. Identifying and removing regulatory barriers to the fusion industry has several key benefits:
o Public Health Protection o
Hub for the Fusion Industry o
Accelerating the Transition to Clean Energy o
Lowering Costs by Streamlining Processes o
Encourage Economic Growth o
Efficiency / Clarity / Transparency Why WA State Cares about Regulations and Fusion:
Washington State Department of Health
WA State Office of Radiation Protection (ORP) is Unique:
ORP Director Radioactive Air Emissions Environmental Sciences Radioactive Materials Radioactive Waste X-Ray Emergency Preparedness Deputy Director Associate Director WA State is unique as all radiation-related activities are managed within ORP. The coordination of various sections ensures that fusion companies have a centralized point of contact for the issuance of licenses, registrations, and ongoing oversight. ORP is prepared to support the growth of the fusion industry.
Washington State Department of Health
Radioactive Air Emissions Oversight:
Washington State Department of Health WA State is one of only four states with delegated authority from the U.S. EPA to regulate air emissions of radionuclides.
Federal facilities (e.g., Naval Shipyard, Hanford Site) must follow national EPA standards.
WA State regulations are more conservative than federal standards and apply to all other licensed facilities, including fusion energy sites.
All facilities that emitor could emitradionuclides into the air must comply with air emission monitoring standards.
Higher emission risks = stricter monitoring and sampling requirements.
- Ensures protection of public health.
- A graded, risk-based approach is used.
Radioactive Air Emissions Oversight:
Washington State Department of Health Ambient radioactive air emissions standard is 10 mrem per year.
Environmental Monitoring Oversight:
Environmental radiation monitoring plays a crucial role in protecting public health by ensuring that radiation levels remain below regulatory limits and by keeping radiation exposure as low as reasonably achievable (ALARA). It also helps assess the overall impact of radiation on the environment.
The data collected through monitoring programs can be used to:
Identify and measure unexpected releases or exposures, Track the buildup of contaminants over time, Show that safety technologies and procedures are working as intended.
Washington Administrative Code (WAC) 246-220-040: Tests and surveys Each licensee and registrant shall perform upon instructions from the department, or shall permit the department to perform, such reasonable tests and surveys as the department deems appropriate or necessary including, but not limited to, tests and surveys of:
Sources of radiation; Facilities wherein sources of radiation are used or stored; Washington State Department of Health
WA State Fusion Companies:
Washington State Department of Health
Promoting the integration of fusion technology within state clean energy policies.
The fusion workgroup was charged to identify and evaluate new and existing permitting, siting, licensing, and registration pathways for producing fusion energy. SHB 1924 directed the fusion energy work group to involve the fusion industry throughout the process.
Fusion Energy Workgroup Members:
Department of Health - Co Lead Energy Facility Site Evaluation Council - Co Lead Office of the Governor Department of Commerce Department of Ecology Military Department Labor and Industries Making Way for Change - Substitute House Bill (SHB 1924):
Washington State Department of Health Fusion Industry Report Participation:
Avalanche Energy Helion Zap Energy
RCW 80.50.020 (Energy Facilities Site Locations) provides EFSEC authority for centralizing the permits for all nuclear facilities. Any nuclear power facility where the primary purpose is to produce and sell electricity.
RCW 80.50 is silent on fusion and there was a difference of opinion what is defined as nuclear. As a result, the Agreement State authority for directly issuing licensing and registration was absent in the RCW. These issues were identified as regulatory barriers and highlighted the need for clarity in state law.
Report Recommendations:
1.
Distinguish between fusion and fission; and 2.
Provide fusion energy facilities with the choice of a siting and permitting process that best suits their needs: a. the local government-led process; or b. coordinated clean energy permit process through Ecology; or c, opt into the EFSEC process (RCW 80.50.060).
SHB 1924 (2024 Legislative Session) House Bill 1018 (2025 Legislative Session)
Substitute House Bill (SHB) 1924:
Washington State Department of Health
RCW 80.50.020 Any fission nuclear power facility where the primary purpose is to produce and sell electricity.
RCW 80.50.060 Fusion Energy Facility: However, such a fusion energy facility receiving site certification must also secure required licenses and registrations, or equivalent authorizations, for radiation control purposes from designated state or federal agencies.
- Note: Underline text is new language House Bill (HB) 1018:
Washington State Department of Health
WA State Governor Ferguson signed HB 1018 into law on May 13, 2025.
House Bill (HB) 1018:
Washington State Department of Health Full bipartisan support
How we got here:
Washington State Department of Health Collaboration Engagement Clarity Adaptability Commitment Alignment Fusion Industry Governor's Office Elected officials NRC Other state partners EFSEC DOH
Education and outreach about ORP programs.
NRC Agreement State - Why is this important?
NRC Relinquished Authority - What does that mean?
NRC Compatibility - Why is this critical? What is at risk if we are not compatible?
EFSEC and DOH - Can we co-issue licensing and registration?
Revised Code of Washington (RCW) 80.50 - EFSEC authority and changes were primarily DOH ORP focused.
Maintaining an outward mindset while getting to a common goal.
Opportunities and Challenges:
Washington State Department of Health
Continuing to support the growth of fusion!
DOH ORP o Community Outreach and Support - Engaging with locals and elected official to help understand fusion.
o After NRC has finalized rule making, DOH will begin updating state RCW to include fusion.
Fusion Industry o Avalanche: Secured a test facility that has tritium processing in Richland WA.
o Helion: Moving into Phase 3 in Everett and planning for a commercial fusion facility in Eastern WA.
o Zap: Recently submitting plans for next stage of work. Modifications include another emission unit to their facility.
What is next on the horizon:
Washington State Department of Health
Contact Information:
Jill Wood, ORP Director 360.628.2244 Washington State Department of Health Thank You