In 2023, the US Nuclear Regulatory Commission (NRC) announced that it would base its regulatory framework for fusion energy systems on its existing process for licensing the use of byproduct materials: such systems would generate electricity from the energy released when hydrogen atoms are combined to form helium, rather than the splitting, or fission, of uranium atoms. This means that such systems fall outside the requirements to be regulated by NRC as nuclear reactors, as they do not involve special nuclear material (plutonium, uranium-233 or enriched uranium) and cannot produce the self-sustained neutron chain reaction that defines nuclear fission reactors under NRC regulations.
In response to this, Tennessee - which is an Agreement State, meaning it is authorised to license and inspect byproduct, source, or special nuclear materials used or possessed within its borders under a special agreement with the NRC - filed an amendment to its regulations setting out the framework for how it will register and license fusion machines, processes, and related activities. Chapter 0400-20-14 of the Effective Rules and Regulations of the State of Tennessee, as well as its associated definitions, established requirements for the licensing of fusion machines and fusion-related activities in the state. The new regulations came into effect on 9 June this year.
The Tennessee Department of Environment and Conservation has now issued a licence to US fusion energy developer Type One Energy for the construction of a fusion power plant at Tennessee Valley Authority's (TVA's) former Bull Run fossil plant site in Clinton, Tennessee. Type One Energy submitted an initial licensing application in preparation for the construction of its Infinity Two - a 400 MWe baseload power plant using stellarator fusion technology - in January.
"Issuing this licence is a significant milestone that solidifies Tennessee's reputation as the global hub for nuclear innovation," said Commissioner David Salyers. "We are proud to develop this groundbreaking regulatory framework for fusion energy that will serve as a model for other states."
Type One Energy CEO Christofer Mowry added: "For the first time, a fusion power plant-specific licensing process has been developed and then used to grant a fusion-specific licence to operate a fusion machine, consistent with a national regulatory framework for fusion energy. The importance of this milestone cannot be overstated. Tennessee's licensing process is now the international benchmark for how to ensure fusion power plant 'safety by design' in a manner that can unlock the compelling economics of this transformational power generation technology. We are grateful and honoured to receive this initial fusion machine licence for Project Infinity."
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Infinity Two (Image: Type One Energy)
Type One Energy is developing a stellarator fusion reactor - different to a tokamak fusion reactor such as the Joint European Torus in the UK or the Iter device under construction in France. A tokamak is based on a uniform toroid shape, whereas a stellarator twists that shape in a figure-8. This is intended to get round the problems tokamaks can face when magnetic coils confining the plasma are necessarily less dense on the outside of the toroidal ring.
Type One Energy's Project Infinity - which encompasses the Infinity One prototype and workforce training centre together with the 400 MWe Infinity Two fusion power plant - will proceed in several phases at TVA's Bull Run site. The company's commercial site will function as a fusion development campus through projects between the Oak Ridge National Laboratory, TVA, and the University of Tennessee. The Knoxville-based company intends to break ground on the first phase of Project Infinity later this year, and expects a full startup by 2034.
"As the global epicentre of nuclear energy, Tennessee is building the workforce, infrastructure and regulatory framework needed to lead the next generation of nuclear innovation,” said Governor Bill Lee. "By creating a clear path for emerging technologies like fusion, we're advancing the reliable, abundant American energy we'll need for generations to come."




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