Fusion energy has long been touted as an energy source capable of producing large amounts of clean energy without the fuel, pollution, siting, and safety constraints of other energy sources. Despite this promise, fusion energy has not come to fruition after six decades of research and development due to continuing scientific and technical challenges. Significant private investment in commercial fusion start-ups signals a renewed interest in the prospects of near-term development of fusion technology. Successful deployment of fusion energy, however, will require an appropriate regulatory framework to ensure public safety and economic viability. Initial discussions and proposals from fusion start-ups (e.g., Commonwealth Fusion Systems, General Fusion, TAE Technologies) and industry associations (e.g., Fusion Industry Association)have advocated the use of risk-informed regulations as the basis for the licensing of commercial fusion technology in the United States. These proposals are based, in part, on regulatory methods used for licensing commercial fission technology that developed in parallel with the commercial fission industry. Risk-informed regulations incorporate risk information from probabilistic safety analyses to ensure that regulations are appropriate for the actual risk of an activity. Proponents of risk-informed regulation believe that these methods can improve the economics and operation of nuclear facilities by focusing regulatory resources on addressing credible accident scenarios that are most likely to pose threats to worker and public safety. In addition to interest from industry, the U.S. Nuclear Regulatory Commission (NRC)has begun an initiative to develop a new risk-informed regulatory framework for the licensing of advanced nuclear fission power plants, but it is unclear if this framework would be applied to fusion. Despite the benefits of adopting a risk-informed framework for a mature fission industry, use of risk-informed regulations for the licensing of first-generation commercial fusion technology could be detrimental to the goal of economic near-term deployment of fusion. Commercial fusion technology has an insufficient operational and regulatory experience base to support the rapid and effective use of risk-informed regulations. More conservative regulatory analyses could instead be used for first-generation fusion facilities to facilitate more rapid deployment, and enable collection of operating experience to support future use of risk-informed regulations. A hybrid regulatory pathway that incorporates seven decades of lessons learned in commercial fission would enable the implementation of regulatory requirements that evolve with the development of commercial fusion technology, from a first-of-a-kind demonstration plant to a mature low-carbon energy source.
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