Licensing a Commercial Inertial Confinement Fusion Energy Facility

Richard A. MeserveCarnegie Institution for Science

Covington & Burling LLP

Who has jurisdiction?

• Section 101 of the Atomic Energy Act (AEA) requires a license for the manufacture, possession or use of a “utilization facility”

• Section 11 of the AEA provides:– A “utilization facility” is “any equipment or device, except

an atomic weapon, . . . peculiarly adapted for making use of atomic energy in such quantities as to be of significance for the common defense and security, or in such manner as to affect the health and safety of the public”

– “Atomic energy” is defined as “all forms of energy released in the course of nuclear fission or nuclear transformation”

Jurisdiction(cont)

• NRC has accepted jurisdiction over fusion devices when such devices are of significance to the common defense and security or could affect the health and safety of the public

SRM for SECY-09-0064 (July 16, 2009)• Conditions for NRC jurisdiction likely satisfied

by an inertial confinement fusion power plant

Licensing Challenges

• There are significant regulatory challenges– No regulatory framework for licensing– No staff experience with fusion– No office with clear responsibility– Budget/scheduling limitations

• Likely approach is licensing by order rather than through rule

Licensing Issues• Safety Requirements– Public safety during normal and off-normal conditions– Worker safety– Likely reliance on DOE Fusion Safety Standards

• Emergency Planning (possibly avoidable if less than 1 rem offsite dose)

• Physical protection (avoidable)• Environmental Protection (Part 51)• Operator Licensing (required by AEA for

utilization facility)

Licensing Issues(cont)

• Financial Assurance (possibly avoidable)• Price-Anderson coverage for public liability claims• Employee Protection and Workers’ rights (Part

19)• Radiation Protection (Part 20)• Fitness for Duty program (Part 26) (possibly

avoidable)• Annual Fees • Decommissioning/waste disposal

Conclusions

• NRC has licensing jurisdiction over a commercial fusion facility

• There is no defined protocol for licensing• Licensing of initial plant will require education

of NRC staff and could be time consuming