We previously commented on the Nuclear Regulatory Commission’s (the “NRC’s”) ongoing efforts to develop a regulatory framework for commercial fusion energy. The proposed rules have arrived. On February 26, 2026, the NRC published the “Regulatory Framework for Fusion Machines” in the Federal Register, opening a 90-day public comment period that closes on May 27, 2026.
As discussed in our prior post, the NRC had already made an important basic policy choice before issuing this proposal. In 2023, the agency opted to regulate fusion machines under its byproduct material framework. Congress reinforced that approach in the ADVANCE Act of 2024. Broadly, the byproduct material framework is the NRC’s licensing system for the possession and use of radioactive material outside of nuclear power plants. It is the framework the agency uses for a range of medical, industrial, and research activities that involve radioactive material. It focuses on radiation protection, material control, worker
