en.Wedoany.com Reported - The U.S. Nuclear Regulatory Commission (NRC) is advancing a proposed rulemaking for a regulatory framework for fusion devices, primarily by amending the regulatory framework for byproduct materials in Title 10, Part 30 of the Code of Federal Regulations (10 CFR Part 30) to cover a variety of fusion device designs. The proposed rule primarily adds definitions for fusion devices and license application requirements, with corresponding amendments to Part 20 (Radiation Protection), Part 51 (Environmental Reporting), and other sections, while also adjusting the definition of "byproduct material" in multiple regulations. The NRC has also released a draft of the companion guide NUREG-1556, Volume 22, "Consolidated Guidance About Materials Licenses: Program-Specific Guidance About Fusion Device Licenses," and is soliciting broad public comment.
The Breakthrough Institute (BTI) submitted comments on May 27, 2026, generally supporting the NRC's chosen regulatory path, stating that including fusion devices under the Part 30 framework is correct and reasonable, aligns with the requirements of the ADVANCE Act, accommodates technological diversity, and matches the risk level. In its comments, BTI addressed each of the six major questions posed by the NRC and discussed topics such as nonproliferation, offsite dose, and decommissioning funding. It also noted that while the proposed rule addresses several matters, some aspects are subject to timing constraints and require clarification, urging the NRC to further clarify and refine these in the final rule to guide coordinated implementation with Agreement States.
Regarding tritium reporting and accounting, BTI points out that the existing reporting framework is primarily applicable to discrete materials that are accountable and traceable, but tritium in fusion devices is distributed across multiple process steps and does not possess these characteristics. For commercial deuterium-tritium (D-T) fusion devices, tritium inventory is more influenced by the average processing time of the fuel cycle, with expected inventories potentially reaching the megacurie level and significant measurement uncertainties. BTI recommends that the framework could include requiring licensees to maintain validated computational models, triggering reports based on deviations of measured values from expected operating parameters, and distinguishing between steady-state continuous operation devices and batch processing devices in applicable reporting requirements. The NRC should promptly increase the tritium reporting threshold applicable to fusion device licensees, but specific issues regarding the tritium accounting framework are more appropriately addressed in the forthcoming revision of NUREG-1556, Volume 22.
Regarding waste disposal and alignment with Part 61 regulations, BTI considers the amendment to §20.2008(a) to be an important element, and the proposed "dual-path" approach is a reasonable interim arrangement, but further clarification is needed on how the annual dose standard applies to a one-time intrusion event. BTI notes that the classification table in §61.55 is derived from light-water reactor data and does not cover fusion activation products. BTI recommends that before issuing the final fusion rule, the NRC should coordinate the §20.2008 provisions with the final Part 61 framework and clearly address related interface issues. BTI also suggests treating the dose-based intruder assessment pathway as a performance-based authorization mechanism and completing supporting analyses, such as identifying fusion device activation products and confirming the capacity of existing disposal facilities to accommodate them, before the Part 61 rulemaking is finalized.
Regarding alternative disposal and low-activity fusion waste, BTI notes that commercial fusion devices will generate large volumes of low-activity activated structural materials. Sending all of this to Part 61 disposal facilities would increase costs and consume capacity without commensurate safety benefits. BTI believes the NRC should develop guidance for the clearance or conditional release of very low-activity fusion waste consistent with international standards and expand the guidance in §20.2002 specifically for fusion waste. BTI also cautions that the contact dose rates for the first wall and plasma-facing components could reach thousands of sieverts, requiring dedicated handling capabilities.
Regarding export controls, BTI believes that fusion devices themselves fall under the jurisdiction of the Department of Commerce (DOC) Export Administration Regulations, and the NRC retains authority over the export of tritium and other byproduct materials, without needing to exercise new authority over the fusion devices themselves. Regarding compatibility categories and Agreement State capabilities, BTI supports designating the relevant definitions as Compatibility Category B to ensure consistency, but notes that definitional consistency does not equate to implementation consistency. BTI believes the NRC should clarify the support it will provide to Agreement States and coordinate with the Conference of Radiation Control Program Directors (CRCPD) and the Organization of Agreement States (OAS).
Regarding safeguards and nonproliferation, BTI considers this the most significant analytical gap in the regulatory document, noting that the rule only mentions triggering IAEA safeguards after the fact and does not address whether the high-intensity neutron source itself has nonproliferation relevance. BTI recommends that the NRC, on a technology-neutral basis, explain the nonproliferation implications of high-flux neutron generation capabilities, include expected procurement and disposition arrangements in application content, and revise the relevant explanations in NUREG-1556, Volume 22. Regarding the offsite dose methodology and the 1 rem trigger threshold, BTI recommends that emergency plans for fusion facilities be developed based on a site boundary threshold of 1 rem (10 mSv) and suggests that even if offsite doses are below this threshold, at least a simple emergency plan should be developed.
Regarding decommissioning and financial assurance, BTI believes the NRC needs to specifically demonstrate the adequacy of the §30.35 framework. The decommissioning characteristics of D-T fusion facilities differ from those of traditional Part 30 facilities. BTI recommends that the NRC develop or commission representative decommissioning cost estimates for fusion facilities, covering D-T tokamaks, stellarators, and other relevant design types. Regarding the definition of particle accelerators, BTI agrees with including the definition of fusion devices but believes the relationship between specific requirements and general guidance should be more clearly explained. For the definition of a fusion device, BTI recommends tightening the definition to clarify that it applies to equipment designed to capture fusion reaction products as its primary productive output.
Regarding cross-regulatory system coordination, BTI notes that the fusion rule will be finalized following several related rulemakings, and coordination is key to ensuring system coherence. BTI recommends that the NRC identify specific provisions in the final versions of related regulations that affect fusion device licensing, commit to revisiting the fusion rule provisions if substantive inconsistencies arise, and clearly address the transition of Agreement State compatibility. In its summary of recommendations, BTI proposes ten specific suggestions: raising the tritium reporting threshold, coordinating waste disposal provisions, developing guidance for the release of very low-activity waste, confirming export jurisdiction, clarifying support for Agreement States, supplementing nonproliferation explanations, requiring the development of emergency plans, developing decommissioning cost estimates, clarifying the interface of licensing obligations, and tightening the definition of a fusion device.
BTI generally supports the NRC's regulatory approach, and its recommendations aim to further strengthen the framework. It suggests resolving major implementation issues through the rulemaking record, preamble, and NUREG-1556, Volume 22 before the final rule is issued, and ensuring coordination with related regulations concerning byproduct materials, Part 61, Part 20, and materials licensing.
