The Nuclear Regulatory Commission has published a proposed rule that has been almost five years in the making: Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors. The rule, which by law must take its final form before the end of 2027, would establish risk-informed, performance-based techniques the NRC can use to review and license any nuclear power reactor. This is a departure from the two licensing options with light water reactor–specific regulatory requirements that applicants can already choose.

Nuclear Regulatory Commission staff has completed its final safety evaluation for Kairos Power’s application to build its Hermes 2 molten salt–cooled reactor test facility in Oak Ridge, Tenn., the agency announced July 22. Earlier, and independently, the NRC’s Advisory Committee on Reactor Safeguards (ACRS) reviewed safety-related aspects of the Kairos application and provided its review to the Commission on July 17. The evaluation concluded that there are no safety aspects that would preclude issuing a construction permit for the facility, but that can’t happen until the NRC staff issues its final environmental assessment later this summer and the Commission assesses the staff’s work (under newly streamlined procedures for mandatory hearings) this fall before voting on whether to authorize a construction permit.

The Nuclear Regulatory Commission hosted a public meeting yesterday to gather comments on its web-based ADAMS (WBA) system—a public document search tool introduced in 2010. It’s a tool that novice users find daunting and frequent users find frustrating, whether they’re searching for a single document or for thousands of documents on a single topic.

Padilla

Sen. Alex Padilla (D., Calif.) introduced the Fusion Energy Act (S. 4151) last month with a bipartisan group of cosponsors—John Cornyn (R., Texas), Cory Booker (D., N.J.), Todd Young (R., Ind.), and Patty Murray (D., Wash.). The legislation would codify the Nuclear Regulatory Commission’s regulatory authority over commercial fusion energy systems to streamline the creation of clear federal regulations that will support the development of commercial fusion power plants—and would require a report within one year on a study of risk- and performance-based, design-specific licensing frameworks for “mass-manufactured fusion machines.”

“Congress must do everything in its power to ensure continued U.S. leadership in developing commercial fusion energy facilities,” said Padilla as he introduced the bill. “The Fusion Energy Act would provide regulatory certainty for investors as the NRC develops and streamlines frameworks for such facilities.”

The Environmental Protection Agency recently announced that it will issue a rule aimed at limiting public exposure to per- and polyfluoroalkyl substances (PFAS). The final rule will designate two widely used PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

According to the EPA, both PFOA and PFOS meet the statutory criteria for designation as hazardous substances.

The Nuclear Regulatory Commission announced on April 14 that it will regulate fusion energy systems using a framework based on the agency’s 10 CFR Part 30 process for licensing byproduct material facilities—such as particle accelerators—rather than 10 CFR Parts 50 and 52, which are used to license utilization facilities like fission power reactors. The commission’s decision means that future fusion energy facilities could be regulated by Agreement States acting with guidance from the NRC.

Steven Arndt
president@ans.org

Much has been written about regulation over the years, including whether or not the nuclear industry is overregulated or whether the regulator is in the industry’s “pocket.” Having a capable and independent regulator is important to the industry for a number of reasons, such as ensuring the safety and security of nuclear facilities and the trust an effective regulator can engender in vendors, investors, international organizations, and the public. However, regulation simply to engender trust or ensure all voices are heard is neither effective nor sufficiently adaptive to support a vibrant and innovative industry. Moreover, overregulation slows innovation, stifles creativity, drives costs upward, and creates scheduling challenges.

So how did the Nuclear Regulatory Commission become the “gold standard” of regulation? The pat response is because of its long history, experience, and available resources. I would contend, however, that what the NRC did better than most—if not all—national nuclear regulators was innovate and develop new ideas and act as the cocreator of the nuclear industry.

Who better to talk with about the licensing of nuclear facilities and materials than Christopher T. Hanson, the chairman of the five-member Nuclear Regulatory Commission? Hanson is the principal executive officer of and official spokesman for the NRC. As a collegial body, the Commission formulates policies, develops regulations governing nuclear reactor and nuclear material safety, issues orders to licensees, and adjudicates legal matters.

Future fusion energy facilities will continue to be regulated by the Environment Agency (EA) and Health & Safety Executive (HSE), the U.K. government announced June 20, and existing law on nuclear regulations will be amended to exclude fusion energy facilities from nuclear fission regulatory and licensing requirements. The move was announced by the United Kingdom Atomic Energy Authority (UKAEA) with the expectation it would provide “clarity to developers of prototype/demonstration fusion facilities currently being planned to support rapid commercialization.”

Sama Bilbao y León is director general of the World Nuclear Association.

The global nuclear sector is at a crucial point. The future of nuclear power looks brighter than it has in many years, but it is up to us to capitalize on the current momentum and make the most of this opportunity.

We have recently seen new proposals and policy announcements from companies and governments around the world indicating a growing recognition of the essential role nuclear energy must play in the future.

Humanity has less than 30 years to reach net zero. Nuclear energy offers a golden opportunity to build a cleaner, more equitable world in which everyone has access to clean, abundant, affordable energy and a high quality of life.