Regulating Compact Nuclear Fusion

Abstract

Since the dawn of the nuclear age nuclear fusion – the process whereby nuclei of light-weight elements fuse together to generate energy – has been hailed as the ultimate power source, capable of providing copious amounts of energy without radiological and proliferation concerns associated with nuclear fission. Since the first atomic experiments, scientists have been unable, however, to harness fusion but advancements in scientific understanding, design and construction capabilities may now provide the tools to achieve this historic result. Not only could fusion be achievable in large stationary experimental reactors such as ITER in Europe or the NIF in the U.S., but advanced technology coupled with private entrepreneurship may allow to achieve fusion in small, reactors such as Lockheed's CFR . Compact fusion technology would thus combine the benefits of fusion with the advantage of generating nuclear power from safe, portable reactors making the sights of nuclear powered airplanes or cars a possibility in the future. Nuclear law is, however, premised on the characteristics of fission, not fusion and thus the complex regulations may be inadequate to account for the absolute novelty of compact fusion reactors. From the definition of nuclear fuel to the concept of nuclear power plant, the building blocks of U.S. nuclear law may have to undergo profound change to accommodate for this novel technology and therefore require extensive analysis. The purpose of the paper is to address some of these issues in the hopes of providing a starting point for future regulations so that fusion – and compact fusion – may benefit from legal analysis as soon as the technology is developed for commercial purposes. This paper aims at providing an overview of existing nuclear fusion research with a focus on compact nuclear fusion and a critical appraisal of the regulatory issues that may lie ahead under U.S. nuclear law.