They have built several prototypes, but none of the size necessary for useful energy production. Their prototype planned for 2024 is apparently also just supposed to be useful He3 production, but not useful energy production (though they do want it to produce more energy than it consumes).

They also have the local mayor and governor saying good things about them, and given that they're aiming for aneutronic fusion I wouldn't expect regulation to be a huge hurtle, it's a very safe scheme with very minimal waste.

(Just based on googling them a lot yesterday, and mostly from comments on /r/fusion)