Through the motions, the MPs are calling on the federal government to “promptly develop a proposal for a pragmatic, innovation-friendly and independent legal framework for fusion power plants in Germany with corresponding sub-legal safety guidelines” and to submit the proposal to relevant committees of the German Bundestag.

A group of experts including individuals from FIA member companies Commonwealth Fusion Systems, Proxima Fusion, and Marvel Fusion testified at the hearing. The panel emphasized the major differences between nuclear fission and fusion energy. They made it clear that private fusion companies will establish first plants in countries with clear regulatory frameworks. The panelists were united in their call for rapid government action to establish clear, innovation-friendly regulations that differentiate fusion from fission. This action would not only support the fusion industry in Germany but also attract and retain investments and talent. Without this, Germany risks losing its competitive edge.

This hearing represents a critical step in ensuring Germany, and more broadly, the European Union, have the necessary legal infrastructure to support the accelerating fusion industry. The FIA applauds the German government and those involved, and stands ready to support.

Next steps:
The proposals will now undergo detailed reviews by the German Bundestag. This stage will involve discussions and potential refinements to the motions. Once the review process is complete, the Committee on Education, Research, and Technology Assessment will formulate recommendations. The recommendations will serve as a guide for the Bundestag. Following the Committee’s recommendations, the motion will be brought to the floor of the Bundestag for debate. If the motion receives approval, the German Federal Government will act on the directives, and would develop a concrete innovation-friendly legal framework.

You can watch the hearing at bundestag.de.

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On regulation, participants had the chance to hear more about the regulatory regimes that will apply to fusion facilities in the United States, Canada, and the United Kingdom, giving some food for thought for the future European regulatory framework. 

It is clear that a dedicated and risk-appropriate fusion framework, distinct from nuclear fission, is needed to provide legal certainty. The fusion regime must also reflect the diversity of fusion technologies. 

While some challenges to the development of fusion energy remain to be solved, whether scientific, technical, or financial, getting the right regulatory framework is equally critical to enable and accelerate fusion commercialisation in Europe. 

The conference programme covered many other topics selected by the International Group of Legal Experts on Fusion Energy (FELEX) in its Key Issues Report.

FELEX was established by Fusion for Energy, the European Domestic Agency for ITER in 2023 as an informal international expert group to provide expertise and guidance in the legal and regulatory aspects of the development of fusion energy, with the aim of fostering the widest international cooperation possible, facilitating the development of state-of-art legal and regulatory frameworks for fusion technologies, and promoting the safe and sustainable advancement of fusion energy for the benefit of all humankind.

FELEX will review the outcome of the 2024 Roundtable conference, update its Key Issues Report with a goal to arrive at common positions that may serve as recommendations for relevant international bodies. To support and contribute to the activities of FELEX, FIA will become an observer to the expert group.

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The Fusion Energy Act was introduced to the Senate by Senators Padilla, Cornyn, Booker, Young, and Murray on April 18. The legislation streamlines the implementation of commercial fusion by codifying the Nuclear Regulatory Commission’s (NRC) unanimous, bipartisan decision to regulate fusion energy systems under NRC’s byproduct materials process. It also requires the NRC to study and report to Congress within one year regarding licensing commercial fusion machines, including streamlining considerations.

Its companion bill – the Fusion Energy Act of 2023 – was passed earlier in the year in the House of Representatives as a part of the Atomic Energy Advancement Act. Representatives Lori Trahan and Jay Obernolte introduced the Fusion Energy Act of 2023 as an amendment during the committee consideration of the bill. The Act amends the Atomic Energy Act of 1954 to add a new definition of “fusion machines” as particle accelerators. That clarification confirms the NRC decision in US law.

This distinction will allow for a more streamlined deployment route for fusion energy, crucial to ensuring the United States’ position as a global leader in commercial fusion development.

The Fusion Industry Association and its 37 member companies, all working to commercialize fusion energy, strongly support legislative efforts around the world to permanently and completely separate fusion energy regulations from nuclear fission. When signed into law, the United States will be the second country to enact specific fusion regulations into law – following the United Kingdom’s enactment of fusion regulatory legislation in October 2023. The FIA applauds Congress on this important bipartisan, bicameral achievement.

The FIA thanks the sponsors in the House and Senate of the Fusion Energy Act, the members of the bipartisan, bicameral Fusion Energy Caucus, and Chairman Carper and Ranking Member Capito of the Senate Environment and Public Works Committee for all their work in bringing this legislation to final passage.

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• Definitions of Key Terms:
  • The FIA acknowledges the NRC’s updated definition of “particle accelerator” now explicitly includes fusion systems. However, the FIA suggests that the NRC adopt a more straightforward definition proposed by the FIA and by pending legislation in Congress
• Preliminary Draft Guidance (NUREG-1556 Volume 22):
  • Applicability: The FIA stresses that the guidance should clearly state its applicability only to commercial fusion machines and not to research and development (R&D) fusion machines. This distinction is crucial to avoid disrupting ongoing and future licensing activities.
  • Technology-Inclusive and Risk-Appropriate Approach: The guidance should be inclusive of various fusion technologies. The FIA points out specific sections where the guidance is overly prescriptive, particularly concerning tritium handling and heat removal systems. They recommend revisions to allow flexibility for different fusion machine designs.
  • Focus on Radiological Safety: Some parts of the guidance, such as construction monitoring and acceptance testing for power supplies and magnets, go beyond radiological safety and should be revised to focus strictly on safety-relevant systems.
• Stakeholder Engagement and Collaboration:
  • The FIA commends the NRC for its robust stakeholder engagement throughout the rulemaking process. This engagement is essential for developing a durable regulatory framework that supports the safe and effective advancement of commercial fusion technology.

Overall, the FIA’s letter highlights the industry’s commitment to working collaboratively with the NRC and other stakeholders to ensure a regulatory framework that fosters the safe and innovative development of fusion energy technologies.

This letter emphasizes the that the NRC is well on its way to ensuring a balanced and effective regulatory approach for fusion energy development. For further details, you can read the full letter below.

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“Fusion energy holds the potential to power the entire country with a sustainable supply of nearly unlimited, reliable, and carbon-free electricity. The breakthrough of fusion ignition at California’s Lawrence Livermore National Laboratory is a key step toward meeting our nation’s critical clean energy goals and cementing U.S. leadership in fusion energy. We now need clear regulatory authority to scale up commercial American fusion energy facilities and incentivize fusion investments.”

Senator Alex Padilla (D – CA)

“Fusion energy offers a potential clean, safe power source that can help meet our nation’s energy needs. I am proud to support advancements in fusion technology as part of Texas’ all-of-the-above energy economy.”

Senator Cornyn (R – TX)

“New Jersey has long been at the forefront of fusion research and innovation, driving the future of clean energy. By implementing this regulatory framework, this bill will propel fusion energy forward as a potential source of abundant carbon-free energy. I’m proud to join my colleagues to champion legislation that will unlock the potential of fusion to combat climate change and drive economic growth.”

Senator Booker (D – NJ)

“Our bipartisan bill marks a pivotal step in advancing fusion energy, which has the potential to usher in a new era of energy production in America. By establishing a clear regulatory framework, this bill would improve the research and development of fusion capabilities, enabling commercialization and reaffirming American leadership in innovation and technology.

Senator Young (R – IN)

“Fusion energy holds tremendous promise as a source of clean, cheap, and abundant energy—and Washington state is quickly becoming a global leader in the development of fusion. Our legislation will help provide the certainty needed to speed fusion research, development, and deployment—unlocking more clean power and bringing down energy costs for families. I’ll continue to work with my colleagues to realize the promise of fusion energy and ensure the United States, and Washington state in particular, maintain our leadership on this groundbreaking technology.”

Senator Murray (D – WA)

“Clear guidance through an appropriate regulatory framework is essential to the emerging fusion field. LLNL looks forward to partnering with Sen. Padilla and others in Congress in support of U.S. leadership in fusion energy, as the Lab continues to set historic records in fusion at the National Ignition Facility (NIF) — our unique national security experimental facility that supports the Nation’s strategic deterrent and provides fundamental data that also paves the way toward a fusion energy future.”

Dr. Kimberly Budil, Laboratory Director, Lawrence Livermore National Laboratory

“The Fusion Industry Association (FIA) has consistently supported regulatory and legislative efforts to provide certainty in the regulation of fusion energy. We support efforts to permanently and completely separate the regulation of fusion energy from the regulation of fission, and look forward to continuing to work with Members of Congress to see this enacted into law.”

Andrew Holland, Chief Executive Officer, Fusion Industry Association

Read the bill text in full. You can also read the legislation recently passed in the House, introduced by Fusion Energy Caucus co-chairs Representatives Beyer, Fleischmann, Trahan, and Obernolte. The US bills align well with the United Kingdom’s enactment of legislation in October 2023 to codify the country’s fusion regulations.

The Fusion Industry Association supports legislative efforts to permanently and completely separate fusion energy regulations from nuclear fission, and stands ready to support.

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Chairman Hanson’s openness to finding the appropriate regulatory approach to fusion will provide our industry with the regulatory certainty we need at an important time when many fusion companies are in the process of demonstrating their proof of concept machines and siting their first commercial fusion power plants. As such, we support his confirmation by the US Senate to a second term on the Commission.

FIA letter to Chairman Carper and Ranking Member Capito, Senate Committee on Environment and Public Works

The Chairman, along with his fellow Commissioners, led the NRC to make the important bipartisan decision in April 2023 to regulate fusion energy separate from nuclear fission, ensuring the continuation of fusion industry acceleration in the United States. Over the past three years, the Commission has engaged with the fusion community and analyzed how to best regulate and license commercial fusion facilities. The FIA commends the NRC Commissioners and staff on their engagement throughout the process – it succeeded in building a better understanding in the NRC and public of fusion technology, and culminated in the key regulatory decision.

The FIA supports the confirmation of Chairman Hanson to serve a second term on the Commission. You can read the full letter below.

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The Fusion Energy Act would amend the Atomic Energy Act of 1954 to add a new definition of “fusion machines” as particle accelerators. That clarification would confirm in law the unanimous, bipartisan decision that the Commissioners of the Nuclear Regulatory Commission (NRC) made in April 2023 determining that fusion would be regulated separately from nuclear fission.

The FIA understands that there will be changes to the text of the fusion portions of the legislation as it is reconciled with Senate-passed legislation, and the FIA has worked with House and Senate staff to ensure that these changes provide the most clarity and regulatory certainty to industry, while also protecting public safety and security.  

The FIA has consistently supported regulatory and legislative efforts to provide certainty in the regulation of fusion energy. The FIA supports efforts to permanently and completely separate the regulation of fusion energy from the regulation of fission. The FIA endorses passage of the Atomic Energy Advancement Act when it is considered on February 28, and looks forward to working with Members of Congress to see it enacted into law. The letter FIA sent to the House Energy and Commerce Committee is embedded below.

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In a series of meetings in October and November, the NRC outlined proposed changes that would clarify fusion energy regulation under 10 CFR, Part 30 for accelerators and the guidance they would issue on how to regulate fusion.

The Fusion Industry Association (FIA), as the voice of the private fusion industry, has been directly engaged as a stakeholder with the NRC in the process that has led to this rulemaking, and will continue to represent the fusion industry before the NRC. On July 17 2023, the NRC issued a “Notification of Proposed Rulemaking” on the Regulatory Framework for Fusion Energy Systems after the announcement in April 2023 of the Commission’s unanimous vote to regulate fusion separately from nuclear fission. The FIA will continue to engage with the NRC as it completes this rulemaking process over the coming years, culminating with the anticipated publication of the rule for comment in March 2025. More details are available on the NRC’s fusion website.

As the FIA has consistently articulated during this process, the Commission’s April 2023 decision specifically was clear in its intent: it called for a “limited-scope rulemaking.”

In this letter, the FIA suggests that the limited scope rulemaking should focus primarily on establishing definitions in regulations, in particular the definition of particle accelerators and the definition of fusion machines.

The Commission’s decision to regulate fusion in Part 30 relies on the legal understanding that all fusion machines meet the definition of particle accelerators. However, the Staff’s proposed rule does not explicitly add fusion to the definition of Particle Accelerator. Our proposal is simple: explicitly add “fusion machines” to the definition of Particle Accelerator.

On how to define a “Fusion Machine,” the FIA agrees with the intent to limit the definition to specific components rather than adopt a facility-wide definition. However, the FIA is concerned the proposed definition is still overly broad and ambiguous. For example: the phrase “associated radiation [and] radioactive material” could be read to describe material such as activated components that are awaiting disposal or spare tritium fuel in storage.

FIA Letter

Particle Accelerator

“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, including fusion machines. For purposes of this definition, accelerator is an equivalent term.”

The italicized text is FIA’s proposed addition to 10 C.F.R. § 30.4

Fusion Machine

“The term ‘fusion machine’ means a machine that is capable of—

(1) transforming atomic nuclei, through fusion processes, into other elements, isotopes, or particles; and

(2) directly capturing and using the resultant products, including particles, energy, heat, and other electromagnetic radiation, for a commercial or industrial purpose.”

The full letter is below. In the future, the FIA will have further points of discussion on the guidance that the staff is proposing for how to implement this new regulation

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The amendment would amend the Atomic Energy Act of 1954 to define fusion as a particle accelerator. That clarification would confirm in law the unanimous decision that the Commissioners of the NRC made in April determining that fusion would be regulated separately from nuclear fission. As the Commission continues its efforts to write regulations on fusion energy, this bill will confirm that. Furthermore, the legislation requests a report from the NRC on a regulatory process for mass-manufactured fusion machines – including an evaluation of the Federal Aviation Administration’s design, manufacturing, and operations certification process.

The FIA has consistently supported regulatory and legislative efforts to provide certainty in the regulation of fusion energy. The FIA supports efforts to permanently and completely separate the regulation of fusion energy from the regulation of fission. The FIA congratulates the House Energy and Commerce Committee for passing this legislation and looks forward to working with Members of Congress to see it enacted into law.

With passage, the bill will now be reported to the House floor for a vote. If passed there, the House and Senate will have to reconcile the differences between this bill and S.1111, the ADVANCE Act, passed by the Senate as a part of the National Defense Authorization Act.

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“The Energy Act is the largest piece of energy legislation in a generation. It will boost investment in clean energy technologies and support thousands of skilled jobs across the country.” – Energy Security Secretary Claire Coutinho

The bill was introduced into the House of Lords in July 2022 and was preceded by the Energy Act 2013. The new laws will help deliver net zero by 2050, encompassing regulation for all energy activities. In particular, part 4 of the legislation covers the regulation of fusion facilities.

“As the world shifts its focus towards net zero, the energy sector needs long-term certainty to remain internationally competitive and attract private investment. This critical piece of legislation is a welcome step in delivering that confidence by establishing new business models, improved customer protections, and frameworks for investment across the energy sector.” – Emma Pinchbeck, Chief Executive of trade body Energy UK.

The FIA supports the UK’s efforts to ensure a risk-informed, specific regulatory framework for fusion as a big step toward fusion commercialization.

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