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Musk calls out SpaceX rival for receiving billion dollar subsidy, ULA head fires back

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Following an intriguing SpaceX testimony before Senate committees in Washington D.C., Musk took to Twitter to share some thoughts on the state of the launch marketplace and SpaceX’s place within it. It didn’t take long for him to relate a somewhat common critique of the United Launch Alliance, SpaceX’s only American competition.

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Tory Bruno, President and Chief Executive of ULA, responded with gloves off just a few hours later, deeming the implied existence of such a subsidy nothing more than a “[persistent] myth”. He spent fifteen or so minutes replying to skeptical and inquisitive followers on Twitter, stating that the Wikipedia paragraph on the subject was incorrect. Bruno was steadfast in his response saying that he had publicly testified on the public procurement process before Congress (he did, and he did not defer on the term “subsidy”), and he adamantly refused to back down on his statement that such a subsidy only existed in mythology.

For better or for worse, Bruno is correct to a large extent. In fact, he published a full editorial on the controversial subject in the canonical SpaceNews Magazine. The ELC (EELV (Evolved Expendable Launch Vehicle) Launch Contract) is the source of this controversy, and while not quite a full billion dollars, the FY2016 ELC contract was for $860 million.

SpaceX has admittedly been chronically doubted and mistreated in the realm of government contracting, and ULA has been less than perfectly civil in the past. Simply by existing, SpaceX in effect disrupted what was a American launch industry monopoly held between Boeing and Lockheed Martin. Those two companies merged their space endeavors approximately 11 years ago and have since been the United Launch Alliance. For reasons that do make a bit of sense but are still mildly obtuse, the United States Air Force chose to purchase ULA launch vehicles and the services that make the launch of those vehicles possible separately. The main given reason for this choice, as explored in Bruno’s editorial, is to give the Air Force added flexibility.

As discussed in the 2016 ELC contract itself, another large need for this type of funding lies in the maintenance of a large workforce, and the constant depreciation of both the Atlas and Delta families of launch vehicles. The Delta family, known mainly for the large Delta IV Heavy, is almost never utilized at this point in time, with Atlas being both more cost effective and more reliable. Regardless, due to contracting, ULA is required to maintain both the workforce and facilities necessary to produce and launch Delta vehicles, in spite of having nearly no “business” thanks to Atlas V. Maintaining a workforce and set of facilities that is in part or whole redundant is not efficient or cost-effective, but it is contractually required. So, while the ELC contract Musk deemed a nearly pointless subsidy does have some major flaws, inefficiencies, and illogical aspects, it is not technically correct to label it a subsidy.

 

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Without the actual contract information, it is also difficult to know if ULA would still receive this contractual payment in lieu of conducting actual launches. Bruno frames it in such a way that it sounds like the U.S. government modifies the payment size based on the number and type of required launches for a given year. If the multi-year agreement means that launches delayed many months or more can still be swapped out at no additional charge, then this does indeed make a certain amount of sense. The array of discussion on the subject nevertheless fails to explore the consequences of launch provider-side issues, the likes of which ULA and Atlas 5 experienced earlier this year, resulting in some amount of delays.

While there can be no doubt that the actual gritty details of the ELC contracts deal explicitly with such possible outcomes, the lack of transparency (be that as a result of publicly inaccessible contract details or highly obtuse and lingo-heavy contract language) ultimately frames ELC contracts and the vehemence with which ULA defends them as a wasteful, overly complex, and unnecessary alternative to simply offering a fixed product with services inherently included, as SpaceX does.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla dispels reports of ‘sales suspension’ in California

“This was a “consumer protection” order about the use of the term “Autopilot” in a case where not one single customer came forward to say there’s a problem.

Sales in California will continue uninterrupted.”

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Credit: Tesla

Tesla has dispelled reports that it is facing a thirty-day sales suspension in California after the state’s Department of Motor Vehicles (DMV) issued a penalty to the company after a judge ruled it “misled consumers about its driver-assistance technology.”

On Tuesday, Bloomberg reported that the California DMV was planning to adopt the penalty but decided to put it on ice for ninety days, giving Tesla an opportunity to “come into compliance.”

Tesla enters interesting situation with Full Self-Driving in California

Tesla responded to the report on Tuesday evening, after it came out, stating that this was a “consumer protection” order that was brought up over its use of the term “Autopilot.”

The company said “not one single customer came forward to say there’s a problem,” yet a judge and the DMV determined it was, so they want to apply the penalty if Tesla doesn’t oblige.

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However, Tesla said that its sales operations in California “will continue uninterrupted.”

It confirmed this in an X post on Tuesday night:

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The report and the decision by the DMV and Judge involved sparked outrage from the Tesla community, who stated that it should do its best to get out of California.

One X post said California “didn’t deserve” what Tesla had done for it in terms of employment, engineering, and innovation.

Tesla has used Autopilot and Full Self-Driving for years, but it did add the term “(Supervised)” to the end of the FSD suite earlier this year, potentially aiming to protect itself from instances like this one.

This is the first primary dispute over the terminology of Full Self-Driving, but it has undergone some scrutiny at the federal level, as some government officials have claimed the suite has “deceptive” naming. Previous Transportation Secretary Pete Buttigieg was vocally critical of the use of the name “Full Self-Driving,” as well as “Autopilot.”

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New EV tax credit rule could impact many EV buyers

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date. However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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tesla showroom
Credit: Tesla

Tesla owners could be impacted by a new EV tax credit rule, which seems to be a new hoop to jump through for those who benefited from the “extension,” which allowed orderers to take delivery after the loss of the $7,500 discount.

After the Trump Administration initiated the phase-out of the $7,500 EV tax credit, many were happy to see the rules had been changed slightly, as deliveries could occur after the September 30 cutoff as long as orders were placed before the end of that month.

However, there appears to be a new threshold that EV buyers will have to go through, and it will impact their ability to get the credit, at least at the Point of Sale, for now.

Delivery must be completed by the end of the year, and buyers must take possession of the car by December 31, 2025, or they will lose the tax credit. The U.S. government will be closing the tax credit portal, which allows people to claim the credit at the Point of Sale.

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date.

However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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If not, the order can still go through, but the buyer will not be able to claim the tax credit, meaning they will pay full price for the vehicle.

This puts some buyers in a strange limbo, especially if they placed an order for the Model Y Performance. Some deliveries have already taken place, and some are scheduled before the end of the month, but many others are not expecting deliveries until January.

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Elon Musk takes latest barb at Bill Gates over Tesla short position

Bill Gates placed a massive short bet against Tesla of ~1% of our total shares, which might have cost him over $10B by now

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Elon Musk took his latest barb at former Microsoft CEO Bill Gates over his short position against the company, which the two have had some tensions over for a number of years.

Gates admitted to Musk several years ago through a text message that he still held a short position against his sustainable car and energy company. Ironically, Gates had contacted Musk to explore philanthropic opportunities.

Elon Musk explains Bill Gates beef: He ‘placed a massive bet on Tesla dying’

Musk said he could not take the request seriously, especially as Gates was hoping to make money on the downfall of the one company taking EVs seriously.

The Tesla frontman has continued to take shots at Gates over the years from time to time, but the latest comment came as Musk’s net worth swelled to over $600 billion. He became the first person ever to reach that threshold earlier this week, when Tesla shares increased due to Robotaxi testing without any occupants.

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Musk refreshed everyone’s memory with the recent post, stating that if Gates still has his short position against Tesla, he would have lost over $10 billion by now:

Just a month ago, in mid-November, Musk issued his final warning to Gates over the short position, speculating whether the former Microsoft frontman had still held the bet against Tesla.

“If Gates hasn’t fully closed out the crazy short position he has held against Tesla for ~8 years, he had better do so soon,” Musk said. This came in response to The Gates Foundation dumping 65 percent of its Microsoft position.

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Tesla CEO Elon Musk sends final warning to Bill Gates over short position

Musk’s involvement in the U.S. government also drew criticism from Gates, as he said that the reductions proposed by DOGE against U.S.A.I.D. were “stunning” and could cause “millions of additional deaths of kids.”

“Gates is a huge liar,” Musk responded.

It is not known whether Gates still holds his Tesla short position.

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