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Mayor tied to Tesla Supercharger site questioned over ‘conflict of interest’

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Tesla Supercharger station in Aberdeen, Washington [Credit: Trebor Thickweb via app check-in]

He was young. Ambitious. Gifted. One of the greatest players to ever set foot on a professional baseball diamond, “Shoeless” Joe Jackson’s career ended in tatters for his alleged role in the infamous Chicago “Black Sox scandal” of 1919.

Call it a “conflict of interest.” It involved money. Lots of it.

Something else that involves money – lots of it – is afoot in Aberdeen, Washington: A Tesla Supercharger station and a “Gateway Center.” Aberdeen Mayor Erik Larson is a staunch proponent of both.

Updated: Mayor Larson fines himself $500 for violating the state’s conflict of interest ethics code

Mayor Larson is making the rounds looking for funding to help cover the costs of Gateway Center construction which is expected to cost upwards of $8M to complete, and incorporate Tesla’s Supercharger station into the design.

Questions within the community are swirling around what appears to be a conflict of interest regarding the mayor’s involvement in the Tesla deal. Documents have surfaced showing that the mayor has, or had, a financial interest in the electric car company that’s building the Supercharger station, apparently while he was negotiating with the company to bring the project to a city-owned lot. Why the station is being built on publicly owned land rather than on a private site is also in question.

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Background

Mayor Larson negotiated the original agreement with Tesla for the charging station, which could have cost the city up to $2,000 a month in utility bills. The lease agreement came before the Aberdeen City Council for approval last summer. Originally, the City of Aberdeen was on the hook for paying  electricity costs.

Tesla Supercharger station in Aberdeen, Washington during construction [Credit: Trebor Thickweb via app check-in]

As noted in the Aberdeen City Council meeting agenda dated July 13, 2016, the lease language at that time included (see page three):

“The Mayor has negotiated with Tesla Motors, Inc. for the construction of a Tesla supercharger station in Aberdeen on the city of the former Chevron station. The supercharger will be incorporated into the design of the Gateway Center. …  the city will also be responsible for… paying the utility bills for Tesla vehicles that use the charging station, up to monthly cap of $2,000 per month.” (Emphasis added.)

Reading further, Item 8 of that actual lease agreement specifies that:

“Tesla agrees to arrange for all Tesla-related utility services provided or used in or at the Premises… Tesla shall pay directly to the utility company the cost of installation of any all such Tesla-related utility services and shall arrange to have the utility service separately metered. (Counterparty) shall be responsible for paying all utility bills related to such meter after installation, including payment for electricity consumed at the Premises during the Term, up to two thousand dollars ($2,000) per month.” (Emphasis added.)

Other Cities, Other Charging Stations

Tesla lease agreements with city governments aren’t new. Similar charging stations exist in five other Washington cities: Centralia, Burlington, Ellensburg, Kennewick, and Ritzville. There are eleven Supercharger stations in Oregon. All are located on either hotel/resort type private property or some other type of retail/outlet center. But the Aberdeen location is on a city-owned lot.

In California, two Supercharging stations on publicly owned property exist in Ukiah and Crescent City. But the terms negotiated by those cities for the stations are jarringly different from those negotiated for the Aberdeen site:

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In Ukiah:

– “Tesla pays for the entire project, including staff time and utility costs.” (Ukiah Daily Journal, August 8, 2015.)

In Crescent City:

  • The city is being paid by the tenant for use of its property. A proposal by Recargo, Inc. to build and operate a universal electric vehicle charging station in Crescent City included a $4,800 annual payment from Recargo to the district for use of the property. (Del Norte Triplicate, October 11, 2016.)
  • “Essential components” of the city’s lease agreement with Tesla includes: “(1) the term, which is five years with two five-year options to renew, (2) Tesla will build and maintain the facility, and (3) the lease amount is one dollar per month.” (City of Crescent City Council Agenda Report, April 6, 2015.)
  • Tenant “agrees to arrange for and pay for all Tenant-related utility services provided or used in or at the Premises during the term of the Lease.” (#10 – Utilities – City of Crescent City Ground Lease for Tesla Supercharging Station, April 6, 2015.)
  • “Tenant shall pay directly to the utility company the cost of installation of any and all such Tenant-related utility services and shall arrange to have the utility service separately metered.” (#10, Utilities – City of Crescent City Ground Lease for Tesla Supercharging Station, April 6, 2015.)

In Aberdeen:

  • The city (re: taxpayers) could get stuck with “up to 30,000 for the costs of installing the new infrastructure for the city” per the re-negotiated August agreement.

[Credit: Conservelocity]

Key items in the re-negotiated agreement between the city and Tesla include (Aberdeen City Council Meeting Agenda, August 24, 2016. See page 3):
  • The provision requiring the city to pay for electricity used by Tesla vehicles was removed.
  • The proposed new lease requires Tesla to pay for all costs of charging Tesla vehicles.
  • The lease also requires Tesla to install infrastructure “that would allow the city to add charging stations for other electric vehicles at some point in the future.”
  • The city “will reimburse Tesla up to $30,000 for the costs of installing the new infrastructure for the city.” (Emphasis added.)

According to minutes from the August 24, 2016 Aberdeen City Council Meeting, a motion to adopt the re-negotiated lease agreement carried.

An interesting wrinkle, as announced by Tesla on November 7, 2016, is that Tesla has decided to stop offering unlimited free use of its network fast-charging stations worldwide beginning this year.

So, other than hopes of helping “attract potential tenants to the center as the first project participant” and providing “nearby restaurants and retailers with additional business” per Mayor Larson, just how, exactly, does the supercharging station tangibly benefit Aberdeen taxpayers or offset “up to $30,000” in reimbursements to Tesla “for the costs of installing the new infrastructure for the city”?

The Daily World reports that “A $30,000 grant will help Aberdeen reimburse Tesla for installing the station.” In light of the agreements hammered out with other cities for charging stations on public land, however, why is Aberdeen on the hook for reimbursing Tesla for any installation costs?

Another wrinkle:

According to an October 28, 2016 story in The Daily World, five Aberdeen sites were in the running as possible locations for the new Supercharger station, including the parking area for the Center. Larson explains:

“They (Tesla) could have easily worked with Gateway Mall or sought out private ownership, but they were interested in the Gateway Center parking lot.”

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Why was a publicly owned site selected instead of a privately owned one? Is city government using public funds to compete with private business?

Additional questions swirl around Mayor Larson’s financial interest in Tesla Motors.

Some questions:

  1. Did Mayor Larson disclose his financial interest/common stock in Tesla Motor Company anywhere other than on his 2015 and 2016 PDC F-1 forms?
  2. As a candidate, Mayor Larson reported his stock value as $4.5K – $23.9K. After he was elected, he reported the value as $24K – 47.9K. What’s up with that?
  3. The mayor apparently handled all negotiations with Tesla, even though he had/has a financial interest in the motor company (See PDC F-1 forms, above). Did the city know about his financial interest in this company? If so, did it okay the mayor as negotiator of the Tesla lease agreement anyway? Why?

Perhaps a contract negotiator sans an apparent financial interest in the project under negotiation might be a good idea?

While we’re raising questions, what of Shoeless Joe? After the Black Sox scandal, Jackson never set foot on a professional baseball diamond again. He was banned for life along with seven other Chicago players for their alleged involvement in intentionally throwing the 1919 World Series to the Cincinnati Reds. Jackson’s alleged involvement in the conspiracy is still the subject of hot debate. Some maintain that the only things Joe was guilty of were being young, ambitious, gifted, and a bit naive.

Ring any bells?

Kristine Lowder

This guest post was written by Kristine Lowder of Conservelocity. Do you have a post you’d like to share? Email it to us at info@teslarati.com

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Verizon, AT&T and T-Mobile are trying to shut Starlink out before FCC vote

AT&T, Verizon and T-Mobile want 290 MHz cut from an FCC satellite plan before Thursday.

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Starlink D2D direct to device vs Verizon, AT&T (Concept render by Grok)

AT&T, Verizon and T-Mobile are asking the Federal Communications Commission to pull nearly 300 MHz of spectrum out of a proposal that would let satellite companies like SpaceX offer cell service directly to ordinary phones. The request lands one day before the agency votes on it.

The FCC will vote Thursday, October 29, on a notice of proposed rulemaking that would make an additional 482 MHz available for direct to device service, expanding the number of eligible bands from five to 13, according to the FCC fact sheet. It would also scrap the rule requiring a satellite operator to lease spectrum from carriers, replacing it with a certification that the operator has coexistence agreements in place or holds the terrestrial license itself.

That second path matters for SpaceX. As Teslarati reported earlier this month, SpaceX agreed to buy Grain Management’s nationwide 800 MHz portfolio to turn Starlink Mobile into a full US carrier, adding to the spectrum it already bought from EchoStar.

The carriers want two bands removed, 2.5 GHz and 3.45 GHz, which make up 290 MHz of the 482 MHz on the table. Through industry group CTIA, they argued that about 300 million users depend on those bands and that satellite operations in them are not technically feasible. T-Mobile, which calls 2.5 GHz the foundation of its Ultra Capacity 5G network, said in its own filing that satellite interference could wipe out up to 96% of a cell site’s uplink coverage area and cut uplink speeds by 88% to 99%.

Executives from all three carriers met with FCC staff on October 20, and T-Mobile CEO Srini Gopalan met separately with FCC Chairman Brendan Carr. T-Mobile’s role stands out because it is still SpaceX’s US launch partner for Starlink Mobile. The three carriers have also teamed up on their own satellite joint venture to pool spectrum, a move widely seen as a response to Starlink.

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SpaceX is asking for the opposite. In an October 23 filing after meetings with FCC staff and commissioners’ offices, the company asked regulators to add the 902 to 928 MHz band to the proposal. “Doing so now saves time later,” SpaceX wrote. The company also asked the FCC to modernize interference rules and align satellite deployment requirements with those for terrestrial cell networks, saying the goal is to let satellite and ground networks work together so Americans stay connected wherever they are.

The carriers have not been shy about how they view SpaceX as a competitor. On Verizon’s third quarter earnings call Monday, its chief executive said Starlink Mobile “just can’t compete with a terrestrial network” and estimated SpaceX would need four to six years and $300 billion to $500 billion to build a full US carrier network.

Thursday’s vote will not settle which bands survive. Adopting the notice opens a public comment period, with final rules to come later in the proceeding. The FCC already considered and rejected 2.5 GHz for satellite coverage once, in 2024. SpaceX also is not the only satellite player watching: the FCC approved Amazon’s $11.6 billion acquisition of Globalstar on October 27, giving its planned direct to device fleet its own mobile satellite spectrum.

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Tesla Semi catches fire in California: what we know

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Credit: KTVU

A Tesla Semi caught fire in Hayward, California, which caused both directions of traffic to shut down for hours before being completely reopened early on Wednesday, the California Highway Patrol said.

The fire occurred just after 5:30 local time in Hayward on Tuesday, as the Semi caught fire in the southbound lanes of I-880 before CHP officials made the decision to shut down both lanes of traffic due to potential risks from hazardous chemical smoke.

There were no injuries reported.

The cause of the fire is currently unknown, as neither Tesla nor the CHP have not determined a cause.

However, some images taken before the Semi was completely destroyed by the fire seem to indicate this might have been an older unit, as it appears to be one of the designs that Tesla shipped as part of its pilot program, before revising it and starting mass production just a month ago.

At the time of publication, CHP had not returned our request for a comment for additional details, including the Semi involved and any potential collaboration on an investigation between the CHP and Tesla. We will update this story when we hear back from them.

The southbound lanes were reopened at 3:30 a.m. on Wednesday, with the northbound lanes opening last night a few hours after the fire began. The CHP did state that the lithium batteries were “incredibly difficult to extinguish,” according to NBC Bay Area.

The truck’s driver said that the Semi caught fire, but he did not have an explanation.

An estimated 5,000 to 7,000 semi-truck and large commercial vehicle fires occur on U.S. roadways every year.

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Tesla’s ‘Emergency Drive Away’ function gets its first use in the real world

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Credit: Tesla

Tesla’s launch of the “Emergency Drive Away” function a few months back offered owners a safe option to evacuate an area if they were in reasonable danger. The function finally got its first use in the real world, but it appears it was by mistake.

A video shared by u/Joshalander in the r/TeslaLounge subreddit recorded the instance from his vehicle and said the incident took place in Austin this past weekend during the city’s F1 Race.

“Was charging around 6 AM this past Sunday in Austin before heading to the F1 race and heard a pop. Looked over and saw the new emergency drive-away feature in action. Genuinely felt bad for the dude when he got out and realized what happened, since he looked exhausted and only seemed to half-read the prompts.”

Emergency Drive Away unlatches the Supercharger connector from the vehicle, but still causes damage to both the car and the Supercharger. Tesla has said that it will cost up to $25,000 in repairs to have everything fixed back to normal.

Additionally, the company said that if it were not used in an emergency situation, the driver of the vehicle who activated the Emergency Drive Away feature would be responsible for all repair costs.

Tesla constitutes the following situations as reasonable justifications for activating the feature:

  • You face an immediate threat to your life or personal safety.
  • You must leave the area immediately.
  • Exiting the vehicle is unsafe.
  • Unplugging the charge connector would unreasonably delay your departure or expose you to a risk to your personal safety.

After using the feature, Tesla requires the driver to schedule Service so the car can be inspected.

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