Policy paper

Agile Nations working group on fusion energy regulation: initial recommendations

Published 16 October 2023

The Agile Nations is an inter-governmental regulatory network designed to foster co-operation on innovative regulatory practice.

The Agile Nations working group on fusion energy is comprised of the United Kingdom, Japan, and Canada as members with Singapore and Bahrain as observers.

The working group has drawn on their own experiences to produce the following recommendations on how to develop a regulatory framework for fusion energy facilities. It is for nations to work with their regulatory body to consider how any framework is implemented.

1. We recommend the recognition of the important contribution that fusion energy could make to the global challenges of climate change and energy security

Climate change and energy security are some of the most prominent challenges the world is currently facing. Fusion energy technology has the potential to be a low carbon, secure, continuous, and effectively unlimited source of energy to provide a lasting solution to these challenges into the next century and beyond. An introduction to fusion energy can be found on the International Atomic Energy Agency’s website^{[footnote 1]}.

There are different approaches to fusion energy that have shown great promise. As exemplified by recent breakthroughs, many technologies could play an important role in commercialising fusion and different technologies could suit the requirements of different nations, markets, and energy applications better than others.

2. We recommend all nations start developing clarity on a regulatory framework that would apply to fusion energy facilities independent of the fusion technology

Over $6 billion has been invested in private fusion industry^{[footnote 2]} and over 130 fusion facilities across more than 30 countries^{[footnote 3]} are operating or planned through private and public sector organisations. Currently, most fusion facilities are for research, but the purpose of these facilities will become more focused towards electricity generation in the future. The scale of fusion facilities is also due to increase as fusion is commercialised and with the ambition from some private companies to build electricity generating facilities in the 2030s, the urgency to clarify the regulatory framework for fusion is as clear as ever.

To give organisations certainty on investment and planning, and to enable regulators to prepare, nations should start now to develop and/or define a regulatory framework for these facilities. The framework should be technology agnostic to enable all approaches to fusion succeed and allow regulators to adequately assess any new technologies which may arise in the future.

3. We recommend nations recognise the benefits of a harmonised approach to fusion regulation being adopted by several nations

A consistent framework to regulation across nations would provide operators with predictability regarding the type of safety and environmental protection information they would be required to provide during authorisation. Regulators may then be able to share knowledge to support efficient reviews and allow them to focus on the most important safety and environmental aspects when assessing designs. This is because the information presented by operators is more likely to be at a similar level, making it more easily understandable and relevant. Additionally, if countries are aligned on the risk posed by fusion energy and how to effectively mitigate that risk, this will help build public trust.

Having a predictable, harmonised framework to regulation will also improve investor confidence in the design approval process of the regulators. This would speed up development for fusion facilities and could lower costs for operators and consumers.

Finally, a consistent framework is needed to maximise the export potential of fusion. Reducing barriers to exports through a harmonised approach to regulation will open fusion to more markets, drive competition, lower prices for all and improve global energy security.

4. We recommend the development of a regulatory framework for fusion energy that maintains appropriate protections for people and the environment, proportionate to the hazards of fusion energy while remaining transparent and pro-innovation

The main objective of regulation is to ensure safety and environmental protection, but it is also important that regulation is proportionate, transparent and encourages innovation.

Compared to fission, fusion energy facilities will not produce the same long-lived high-activity radioactive by-products and there is no chance of a runaway chain reaction as the fusion process will immediately stop upon a loss of power or fuel. This presents a difference compared to nuclear fission technologies and suggests that a different regulatory framework may be necessary.

In assessing whether regulation is proportionate, the hazard of the fusion process should be considered in the context of other industrial processes that generate electricity and/or involve radioactive substances. The impact on the public, workers, and the environment of any potential accident scenarios and how this compares to other industries can provide a starting basis for determining how proportional regulation is to the hazard presented from fusion.

Initially, nations should consider peer-reviewed published studies and analyses that provides evidence on possible accident scenarios (examples provided in Annex A) to assess the overall hazard and risk of fusion energy. As new information emerges and facility designs become more developed, nations should review regulation to ensure it stays appropriate.

Transparent regulation is important to give confidence to operators and the public. With early public engagement and if decision making during the approvals process is consistent and openly explained, operators will understand what they need to do to provide the relevant information to assure the design and safe operation a fusion energy facility. The public will be able to understand what safety and environmental protection measures are being taken by the operator and how this will keep them safe.

Finally, the commercialisation of fusion is dependent on technological advances and continued innovation to develop fusion energy and subsequently keep it competitive with other energy source. Regulation that allows innovation will allow new technologies to be developed and could lead to a more cost-effective energy source for the consumer, investor, and operator.

5. We recommend nations recognise the importance of assuring the public that the levels of protection are suitable and consider how this can be achieved

Public knowledge about fusion is generally low which could lead to misconceptions and false information spreading. If the public does not believe that regulation is adequately protecting them, even if fusion is safe from a technical and scientific perspective, then fusion energy will struggle to be accepted by the public and deployed at a meaningful scale. Further evidence about public perceptions of fusion can be found in Annex B.

Nations should work to ensure that scientific evidence is presented in a way that is understandable and accessible by the public, to provide assurances of public safety and that levels of protection are suitable. It is important to recognise that as well as ensuring safety from a scientific point of view, public sentiment needs to be taken into consideration.

Nations should strategically consider how best to raise public awareness of fusion energy technology, including how a communication campaign can be tailored to different audiences. Having an informed public prior to discussions or consultations about an appropriate regulatory framework may be important. Nations, developers, and regulators should also engage in dialogue with the public to learn about and address their concerns.

1. IAEA, What is Nuclear Fusion? ↩

2. FIA, Fusion Industry Investment Passes $6bn ↩

3. IAEA, World Survey of Fusion Devices 2022 ↩