Towards Export Controls Instead of Safeguards for Commercial Fusion Power Plants

Fusion energy is progressing towards commercial deployment, evidenced by the rise of private fusion enterprises, the US National Ignition Facility announcing the first controlled thermonuclear experiment achieving ignition and scientific breakeven, and the first private company signing a power purchase agreement. This progress has spurred questions as to the role of IAEA safeguards in prospective, commercial fusion power plants (FPPs). This paper discusses the applicability of the Treaty on the Non Proliferation of Nuclear Weapons (NPT) and safeguards to FPPs and as well as the existing multilateral export control regimes and the role they should play in ensuring the safe use of fusion energy to the extent necessary to enable global clean energy. This paper concludes that the traditional safeguards on nuclear (fissionable) material do not apply to FPPs, nor should they apply. The international export control regime is discussed as a primary regulatory framework and avenues of future work, particularly pertaining to scale-up, are proposed.