The United States has taken a significant step toward formal oversight of nuclear fusion energy, as the U.S. Nuclear Regulatory Commission (NRC) on Thursday published a draft rule outlining how the emerging technology would be regulated.
The proposed framework addresses the possession, use and production of byproduct materials linked to fusion systems, including tritium, a radioactive isotope. The NRC said fusion machines can generate tritium, neutrons and neutron activation products that must be contained to safeguard public health and safety.
In 2023, the commission voted to regulate fusion under a less stringent regime than the rules governing nuclear fission, the technology used in today’s power plants, which produces long-lived radioactive waste with no permanent disposal site in the United States.
The move follows growing momentum in the private sector and government. Fusion industry leaders met U.S. Department of Energy officials in December to press for billions of dollars in funding to accelerate commercial-scale projects aimed at supplying electricity to the grid in the 2030s.
Days after those talks, President Donald Trump’s social media company announced plans to enter the sector through a $6 billion merger with Google-backed TAE Technologies, underscoring rising investor interest in the field.
Fusion, the process that powers the sun, involves forcing light atoms together to release vast amounts of energy. While scientists have achieved brief fusion reactions using lasers and powerful magnets, sustained, continuous reactions needed for reliable electricity remain a major technical hurdle.
Companies must also develop materials capable of withstanding prolonged neutron bombardment inside future plants, a challenge that could shape timelines for commercialization.
The NRC said it will accept public comments on the draft rule through May 27, marking a key milestone in establishing regulatory clarity for an industry seeking to move from laboratory breakthroughs to commercial deployment.