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Tesla and Walmart address lawsuit in joint statement

(Credit: Solar Energy Industries Association)

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After a wake of headlines quick to paint Tesla Energy as an irresponsible solar power company proliferated, it appears there’s more to the story of Walmart’s lawsuit against the all-electric car maker, particularly with regard to Tesla’s attempts to resolve the issues involved. A joint statement released this morning indicates the two parties will be working together to resolve their legal disputes amicably; however, after further review of the parties’ case history and Walmart’s conduct throughout, their statement seems to merely reiterate a problem that has been unresolved since the start of the two companies’ problems with one another.

Walmart and Tesla Joint Statement

“Walmart and Tesla look forward to addressing all issues and re-energizing Tesla solar installations at Walmart stores, once all parties are certain that all concerns have been addressed.

Tesla’s solar installations currently occupy 248 Walmart locations across the United States, and seven have been the subject of roof fires: One each in 2012, 2016, and 2017; three between March and May of 2018; and one in November 2018. Walmart’s lawsuit involving these instances claims serious negligence and makes damning assertions against Tesla, as to be expected by the plaintiff any lawsuit. Their claims against Tesla include, among many things, that millions of damages have resulted from the fires, that their private inspections of the solar systems reveal widespread negligence and shoddy installations, and that Tesla has refused to provide them with a final ‘root cause’ of the fires.

Seven fires are certainly a cause for concern, and Walmart is justified in some of its remediation requests from Tesla as a result: All of the systems were de-energized while inspections were ongoing, for one, and Tesla agreed to pay for the damages resulting from the fires. From Tesla’s own inspections, there were definitely issues with whichever employees – Tesla’s directly or contractors – were in charge of the installations and maintenance which, unfortunately, did not receive the attention they needed until after major events occurred.

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However, what’s been left out of the discussion about Walmart’s lawsuit is the role Tesla played throughout the two companies’ ongoing efforts to resolve the issues and Walmart’s lack of willingness to cooperate even after agreeing to certain remediations. Exhibit 249 of the suit, containing a letter from Tesla’s legal counselors to their Walmart counterparts written on July 29, 2019, indicate that even after both Tesla’s and Walmart’s independent inspections of several sites determined their safety and suitability for re-energizing, Walmart still would not agree to return them to service. Instead, Walmart demanded that all of their solar agreements be amended to make Tesla liable for issues that could, for example, be the fault of Walmart’s own negligence or misconduct. If Tesla did not agree to the ‘take it or leave it’ agreement, Walmart would prevent Tesla from re-energizing any of the systems in their previously signed contracts.

Further written in Tesla’s letter was the detailed recount of how ongoing negotiations were continuously stalled by Walmart, how further inspections continued alongside Walmart’s independent inspectors, and how dozens of sites were approved for re-energizing, all without Walmart budging on its position that Tesla accept its terms ‘or else.’ At one point, Tesla wasn’t able to review Walmart’s inspector’s reviews because the company had stopped paying their salary and thus both the inspector and Walmart were ‘unable to release them’ to Tesla. As a final note, although not the final conclusion made in Tesla’s letter, was that at no point did Walmart ask Tesla for a ‘root cause’ of the original fires which prompted the entire issue to begin with. Further, Walmart’s inspectors had provided their final conclusions, though they were not shared with Tesla.

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Here are two quotes from the letter expressing Tesla’s frustration with the process:

“My client has had enough. Walmart cannot negotiate (and renegotiate) a protocol for inspection; then try to impose new, extra-contractual conditions on the exercise of Tesla’s contractual rights; then invite negotiation over those improper, unreasonable conditions; and then refuse to negotiate. Walmart has unfortunately wasted time and diverted resources while undermining the goodwill that Tesla had sought to preserve throughout this process.” (p. 8)

“We also disagree with Walmart’s contention that its consultants have ‘confirm[ed] Tesla’s systemic, widespread breaches and negligence.’ The parties’ Agreements anticipate that the systems will require periodic maintenance and repair in a manner that is entirely customary within the solar power industry. The fact that some sites in fact need maintenance and repair – especially sites that have been idle for a year now – is neither surprising nor a breach of any Agreement. The fact that thorough, comprehensive inspections have identified areas for improvement and opportunities for error correction is equally unsurprising. Tesla welcomes the chance to improve its processes, tools, and monitoring, but that too is not evidence of any breach.” (pp. 11-12)

From reviewing both the lawsuit and Tesla’s letter addressing it, it seems that at the core of Walmart’s litigation is the desire to a) break its financial ties with Tesla, which included paying Tesla for the power its solar systems generated; b) recover the damages the fires caused to Walmart’s stores, which Tesla already agreed to; and c) force Tesla to remove all of its solar installations rather than allow for previously agreed to repairs and stringent inspections involving private consultants of Walmart’s choosing.

There are certainly instances where Tesla needed to take action in these cases, and it appears they have and are continually willing to do so under very stringent and expensive conditions. It is hard, though, to see where Walmart’s reaction isn’t overblown considering the risks of anything involving electrical installations or in industry in general. Tesla’s letter cited ten instances of Walmart fires that were completely unrelated to their solar installations to make this point.

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Whatever Walmart’s intentions, there is a message forming for any future would-be solar power companies wanting to do business with the enterprise in the future: Beware. If the opportunity to renege on an agreement comes up, no matter how willing the other party is to cooperate, Walmart money and power will decide the new terms no matter what.

Read Tesla’s notice of breach of contract to Walmart below.

Walmart Inc v Tesla Energy … by Simon Alvarez on Scribd

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Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Energy

Tesla Megapacks powers the xAI Colossus supercomputer

Tesla Megapacks step in to stabilize xAI’s Colossus supercomputer, replacing natural gas turbines. Musk’s ventures keep intertwining.

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(Credit: Tesla Megapack)

Tesla Megapack batteries will power the xAI Colossus supercomputer in Memphis to ensure power stability. The collaboration between Tesla and xAI highlights the synergy among Elon Musk’s ventures.

The artificial intelligence startup has integrated Tesla Megapacks to manage outages and demand surges, bolstering the facility’s reliability. The Greater Memphis Chamber announced that Colossus, recently connected to a new 150-megawatt electric substation, is completing its first construction phase. This transition addresses criticism from environmental justice groups over the initial use of natural gas turbines.

“The temporary natural gas turbines that were being used to power the Phase I GPUs prior to grid connection are now being demobilized and will be removed from the site over the next two months.

“About half of the operating turbines will remain operating to power Phase II GPUs of xAI until a second substation (#22) already in construction is completed and connected to the electric grid, which is planned for the Fall of 2025, at which time the remaining turbines will be relegated to a backup power role,” the Chamber stated.

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xAI’s rapid development of Colossus reflects its ambition to advance AI capabilities, but the project has faced scrutiny for environmental impacts. The shift to Megapacks and grid power aims to mitigate these concerns while ensuring operational continuity.

The Megapack deployment underscores the collaboration among Musk’s companies, including Tesla, SpaceX, Neuralink, and The Boring Company. Tesla appears to be the common link between all of Musk’s companies. For example, The Boring Company built a tunnel in Giga, Texas. In addition, Musk has hinted at a potential collaboration between the Tesla Optimus Bot and Neuralink. And from January 2024 to February 2025, xAI invested $230 million in Megapacks, per a Tesla filing.

Tesla Energy reported a 156% year-over-year increase in Q1 2025, deploying 10.4 GWh of storage products, including Megapacks and Powerwalls. Tesla’s plans for a new Megapack factory in Waller County, Texas, which is expected to create 1,500 jobs in the area, further signal its commitment to scaling energy solutions.

As xAI leverages Tesla’s Megapacks to power Colossus, the integration showcases Musk’s interconnected business ecosystem. The supercomputer’s enhanced stability positions xAI to drive AI innovation, while Tesla’s energy solutions gain prominence, setting the stage for broader technological and economic impacts.

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Energy

Tesla Energy celebrates one decade of sustainability

Tesla Energy has gone far since its early days, and it is now becoming a progressively bigger part of the company.

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(Credit: Tesla)

Tesla Energy recently celebrated its 10th anniversary with a dedicated video showcasing several of its milestones over the past decade.

Tesla Energy has gone far since its early days, and it is now becoming a progressively bigger part of the company.

Tesla Energy Early Days

When Elon Musk launched Tesla Energy in 2015, he noted that the business is a fundamental transformation of how the world works. To start, Tesla Energy offered the Powerwall, a 7 kWh/10 kWh home battery system, and the Powerpack, a grid-capable 100 kWh battery block that is designed for scalability. A few days after the products’ launch, Musk noted that Tesla had received 38,000 reservations for the Powerwall and 2,500 reservations for the Powerpack

Tesla Energy’s beginnings would herald its quiet growth, with the company later announcing products like the Solar Roof tile, which is yet to be ramped, and the successor to the Powerwall, the 13.5 kWh Powerwall 2. In recent years, Tesla Energy also launched its Powerwall 3 home battery and the massive Megapack, a 3.9 MWh monster of a battery unit that has become the backbone for energy storage systems across the globe.

Key Milestones

As noted by Tesla Energy in its recent video, it has now established facilities that allow the company to manufacture 20,000 units of the Megapack every year, which should help grow the 23 GWh worth of Megapacks that have already been deployed globally. 

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The Powerwall remains a desirable home battery as well, with more than 850,000 units installed worldwide. These translate to 12 GWh of residential entry storage delivered to date. Just like the Megapack, Tesla is also ramping its production of the Powerwall, allowing the division to grow even more.

Tesla Energy’s Role

While Tesla Energy does not catch as much headlines as the company’s electric vehicle businesses, its contributions to the company’s bottom line have been growing. In the first quarter of 2025 alone, Tesla Energy deployed 10.4 GWh of energy storage products. Powerwall deployments also crossed 1 GWh in one quarter for the first time. As per Tesla in its Q1 2025 Update Letter, the gross margin for the Energy division has improved sequentially as well.

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Elon Musk

Tesla Energy shines with substantial YoY growth in deployments

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Credit: Tesla Megapack

Tesla Energy shined in what was a weak delivery report for the first quarter, as the company’s frequently-forgotten battery storage products performed extraordinarily well.

Tesla reported its Q1 production, delivery, and deployment figures for the first quarter of the year, and while many were less-than-excited about the automotive side, the Energy division performed well with 10.4 GWh of energy storage products deployed during the first quarter.

This was a 156 percent increase year-over-year and the company’s second-best quarter in terms of energy deployments to date. Only Q4 2024 was better, as 11 GWh was recorded.

Tesla Energy is frequently forgotten and not talked about enough. The company has continued to deploy massive energy storage projects across the globe, and as it recorded 31.5 GWh of deployments last year, 2025 is already looking as if it will be a record-setting year if it continues at this pace.

Tesla Megapacks to back one of Europe’s largest energy storage sites

Although Energy performed well, many investors are privy to that of the automotive division’s performance, which is where some concern lies. Tesla had a weak quarter for deliveries, missing Wall Street estimates by a considerable margin.

There are two very likely reasons as to why this happened: the first is Tesla’s switchover to the new Model Y at its production facilities across the globe. Tesla said it lost “several weeks” of production due to the updating of manufacturing lines as it rolled out a new version of its all-electric crossover.

Secondly, Tesla could be facing some pressure from pushback against the brand, which is what many analysts will say. Despite the publicity of attacks on Tesla drivers and their vehicles, as well as the company’s showrooms, it would be safe to assume that we will have a better picture painted of what the issue is in Q2 after the company reports numbers in July.

New Tesla Model Y was a best-seller in China in March 2025

If Tesla is still struggling with lackluster delivery figures in Q2 after the Model Y is ramped and deliveries are more predictable and consistent, we could see where the argument for brand damage is legitimate. However, we are more prone to believe the Model Y, which accounts for most of Tesla’s sales, and its production ramp is likely the cause for what happened in Q1.

In what was a relatively bleak quarter, Tesla Energy still shines as the bright spot for the quarter.

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