UK government proposals a positive step towards fusion energy framework

The government has recently published a consultation aiming to begin the process of the designation of a NPS for fusion energy (EN-8). The consultation, published on 8 May, is seeking views on broad policy proposals (40 pages / 1.5 MB) for this NPS and high-level planning criteria relating to England and Wales.

Michael Freeman, nuclear regulatory expert at Pinsent Masons, said: “The publication of draft proposals for the EN-8 will be welcomed by the UK’s nuclear sector. The proposals further cement the UK government’s commitment from 2022 that fusion technology should be treated as distinct from fission technology and consented, whether from a planning or regulatory perspective, in a manner that is proportionate to the risk and hazards that it presents.”

Fusion energy is the energy released by forcing two or more atomic nuclei together. It is hoped that fusion will deliver a long-term source of low- carbon energy in line with global decarbonisation. Unlike nuclear fission, fusion does not involve a nuclear meltdown risk or produce the most hazardous category of radioactive waste. 

With these differences in mind, the government confirmed in 2022 that fusion will be regulated under a different framework than nuclear fission. The aim is to create a fusion-specific NPS to provide clarity to developers, streamline planning processes and align fusion with other energy-generating technologies. 

In line with this aim, the government has now published broad principles that will potentially form the foundation of the fusion-specific NPS. The subsequent consultation seeks views on the proposed approach from industry and investors, as well as the wider community, to ensure the statement fully supports future fusion power plant development. 

The principles include a proposed “open-sited” developer-led approach to fusion energy facilities. This approach will require siting to be determined by adherence to robust criteria, including the size or volume of water-cooling requirements, encompassing environmental protection to prevent the stifling of innovation and potentially unlocking fusion in new communities. 

The principles also set out a “technology inclusive” approach to help enable the development of future anticipated fusion technologies. This includes a commitment to support commercial fusion devices using different technologies planned in the coming decades, with the government aiming to build a world-leading fusion industry in the UK.

Plans to amend to the 2008 Planning Act to ensure that all fusion energy facilities in England and Wales are considered nationally significant infrastructure projects, independent of the capacity of thermal or electrical output, are also included.

The consultation closes on 3 July with developers and investors urged to share their thoughts.