Fusion and non-proliferation. study of a safeguards implementation experiment

he world now appears to be on the brink of realizing commercial thermonuclear fusion. As fusion energy progresses towards near-term commercial deployment, the question arises as to the role of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) with respect to fusion, including whether the nuclear nonproliferation regime includes – or should be extended to include – future fusion plants. The global nuclear nonproliferation regime, solidified in and based on the NPT, is designed to ensure that certain types of radioactive material and technology are used only for peaceful purposes and not nuclear weapons purposes. In that regard, the NPT regime controls and monitors nuclear materials and technology that could be used towards making nuclear weapons. The NPT expressly restricts the transfer of source material (i.e., unenriched uranium and thorium); special fissionable material (enriched uranium U- 235, uranium-233, and plutonium-239); and equipment that is: "especially designed or prepared for processing, use, or production of special fissionable material." The International Atomic Energy Agency (IAEA) safeguards agreements are limited to nuclear fission-related technology, including fission reactors and the fission nuclear fuel cycle technologies. Therefore, the plain language of the NPT is limited in scope to source or special fissionable material, and some fission-related facilities. The NPT regulates source material because it can be enriched into special fissionable material; it regulates special fissionable material because it is, or can be enriched to be, weapons-usable material; and it regulates certain specific underlying equipment that is designed, or prepared to make, use, or further refine special fissionable material on purpose. Fusion cannot sustain a fission-like chain reaction. And because fusion does not use source or special fissionable material, or associated controlled technologies (e.g., a fission reactor or uranium enrichment facility) commercial fusion applications prima facie fall outside the current NPT nonproliferation regime and implementing documents. (author)