Tennessee released its own regulatory framework for nuclear fusion technologies this week, the Tennessee Department of Environment and Conservation (TDEC) said.
According to a June 1 press release, TDEC said that Tennessee will be the first state to move forward with a technology-neutral approach for fusion machines. On Tuesday, the state unveiled the regulatory process in Chapter 0400-20-14 under the Effective Rules and Regulations of the State of Tennessee.
Applications for fusion machines will be filed to TDEC’s Division of Radiological Health. The application fee for initial filing for the initial certified fusion machines registration and/or license review is set to be $50,000, according to the document.
The state said it plans to leverage its expertise as a Nuclear Regulatory Commission agreement state, which it has been for over 60 years, to regulate the fusion technologies.
An agreement state enters into a deal with the NRC to assume regulatory authority over particular radioactive materials and do inspections within the respective state borders. In 2023, NRC decided to license fusion technologies under the byproduct materials regulatory framework, separate from nuclear fission technologies.
Under the new fusion framework, TDEC said it expects Knoxville, Tenn.-based fusion company Type One Energy to be the first licensee. Type One Energy, in conjunction with the Tennessee Valley Authority (TVA), is planning to deploy a commercial fusion plant in Oak Ridge, Tenn. near TVA’s former Bull Run Fossil plant.
The Infinity Two fusion power plant, planned to generate 400 megawatts, will be using Type One Energy’s stellarator fusion technology. The company completed its initial design review for the plant in May 2025. TVA and Type One Energy submitted its initial fusion license application to the state in January.
Construction of the fusion power plant could begin in 2028 under the new regulatory rules, TDEC said.
“Tennessee has been named the top state in the nation for nuclear energy industry growth, and for good reason,” TDEC Commissioner David Salyers said. “This latest step supercharges our reputation as the global hub for nuclear innovation and positions us as the most responsive state to new advanced nuclear companies clamoring to call Tennessee home.”