News
Musk calls out SpaceX rival for receiving billion dollar subsidy, ULA head fires back
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.
Sorry. That is simply not true. There is no "billion dollar subsidy". Amazing that this myth persists.
— Tory Bruno (@torybruno) July 14, 2017
Other orgs shd also develop reusable orbital rockets. If an airplane co had reusable airplanes, buying single use airplanes wd seem crazy. pic.twitter.com/OJotlGmPHt
— Elon Musk (@elonmusk) July 13, 2017
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.
- Operated by the same company responsible for the F-35, Atlas 5 is a highly reliable and equally expensive rocket. (ULA)
- Delta IV Heavy, the only current American heavy lift launch vehicle in service. Once operational, Falcon Heavy will be capable of launching nearly double the payload to GTO. (USAF/ULA, 2013)
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.
We do that too, but for free
— Elon Musk (@elonmusk) July 13, 2017
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.
Investor's Corner
New drone video shows Tesla’s Optimus Factory reaching a turning point
New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.
Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.
The Giga Texas Optimus Factory latest update … construction keeps moving fast!
Steel assembly is now only about 5 column grids from the north perimeter beam. Concrete is going in on the three upper floors, rebar is still being laid for more pours, and footing / grade-beam work… pic.twitter.com/qvFPvwnYzW
— Joe Tegtmeyer 🚀 🤠🛸😎 (@JoeTegtmeyer) September 17, 2026
Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.
Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.
Tesla Giga Texas to feature massive Optimus V4 production line
The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.
Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.
Investor's Corner
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.
Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.
The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.
What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.
Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry
By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.
TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.
Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.
The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.
News
NHTSA just escalated its Tesla Cybercab investigation in a big way
NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.
Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.
The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.
Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.
The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.
Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

