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NASA asks SpaceX to decide the fate of ‘Dragon XL’ lunar cargo spacecraft

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In a new Request For Information (RFI) quietly released by NASA on April Fools’ Day, the space agency appears to have indirectly asked SpaceX to determine the fate of its ‘Dragon XL’ lunar cargo spacecraft.

In March 2020, NASA announced that it had selected SpaceX to deliver the bulk of pressurized and unpressurized cargo it would need to crewed and operate a proposed “Gateway” lunar space station for the first several years of its existence. To accomplish that task, SpaceX would develop a heavily-modified single-use version of its Dragon 2 spacecraft with more propellant storage, more space for cargo, and a range of other design changes.

Known as Dragon XL, that spacecraft would weigh around 15 to 16 tons (~33,000-35,000 lb) at liftoff and likely require a fully or partially expendable Falcon Heavy launch for each mission to the Moon. At the time, it was a fairly balanced and reasonable choice on NASA’s part, leveraging existing investments and experience with SpaceX and Dragon and erecting no major technical hurdles. However, more than two years later, NASA still hasn’t started work on the contract.

That’s why the new April 1st RFI is so intriguing. NASA begins by referencing fine print in the original 2018 Gateway Logistics Services (GLS) Request For Proposals (RFP) that allows the agency to continue receiving and considering new proposals from new and existing providers throughout the program’s planned 17-year lifespan. The agency says its primary motivations are for “information and planning purposes, to request feedback, to promote competition,” and to “[determine] whether to conduct an on-ramp in 2022.” NASA doesn’t specify what exactly that means, but in the context of the rest of the text, it appears that the agency wants to use this RFI to help determine whether or not to finally “on-ramp” its existing Dragon XL contract with SpaceX.

However, the document gets far more interesting and suggestive. Later, NASA spells out what exactly it wants respondents to discuss. In a list of eight main questions, the agency repeatedly hints at a desire to substantially expand the scope of GLS. In question #8, NASA asks if, to help “create a vibrant supply chain in deep space,” respondents would be able to deliver additional cargo to “cislunar orbits [and] the lunar surface” or offer a “dedicated delivery tug capability” or “rapid response delivery service.”

NASA also asks for information on ways prospective GLS providers could “[minimize] the cost impact of…requirement changes,” “reduce operating costs,” and “minimize upfront costs.” In questions #2 and #3, NASA requests details about “new and/or innovative capabilities” that could “significantly increase…cargo delivery capacity” within “the next five years” and states that “offerors exceeding the minimum [cargo] capabilities may be viewed more favorably.”

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The Gateway’s first two modules are tentatively working towards a launch on a SpaceX Falcon Heavy rocket no earlier than late 2024. (NASA)

NASA seems very interested in the potential benefits of alternative deep space cargo transport services that are both cheaper and more capable than Dragon XL. Between the lines, however, the RFI also reads as if it was written directly to SpaceX. The first question is perhaps the most telling: “Is your company interested in on-ramping to the GLS contract to provide Logistics Services as described in the original solicitation?”

SpaceX is the only company with an existing GLS contract that it could “on-ramp to” – a roundabout way to say “start work on”. In the following questions, NASA then repeatedly expresses interest in cargo transport capabilities well beyond the original contract’s requirements and asks about innovative new capabilities that could enable such improvements. NASA even “recognizes” and hints at a willingness to consider unorthodox solutions that, for example, might require “more than one launch” per cargo delivery or help “minimize upfront costs to the Government.” Put simply, while it does open the door for just about any US company to inform NASA about new GLS options, it’s hard not to conclude that this new RFI is at least partially designed to give SpaceX an opportunity to propose Dragon XL alternatives or upgrades.

SpaceX’s Starship Moon lander design as of 2021.

The most obvious option: Starship. Through the Human Landing System (HLS) program, NASA has already committed to investing at least $3 billion to develop a crewed Starship Moon lander and the fully-reusable launch vehicle and refueling infrastructure required to launch and operate it. With barely any modification, the Starship architecture SpaceX and NASA are already developing could be used to deliver dozens of tons of pressurized cargo to cislunar space, lunar orbit, the Gateway, the lunar surface, or just about anywhere else NASA wants. Leveraging that significant investment would also tick almost every box in NASA’s new RFI by drastically reducing upfront and total development costs, helping to stimulate a “vibrant” deep space supply chain, and beating Dragon XL’s cargo capabilities by a factor of 5, 10, or even 20+.

Of course, there are technical challenges and reasons to believe that Starship can’t easily replace Dragon XL. Even Dragon XL risked running into Gateway’s visiting vehicle mass limit of just 14 tons. Starship would likely weigh at least 100-200 tons – more than the entire Gateway. Dragon XL would use non-cryogenic propellant and is baselined to spend at least 6-12 months at a time at the Gateway. NASA has also studied the possibility of using Dragon XL as a crew cabin or bathroom to temporarily relieve Gateway’s extremely cramped habitable volume. Starship’s main engines use cryogenic propellant that wants nothing more than to warm up and boil into gas, making it far harder to keep at the station for months at a time. Those problems are likely solvable, but it’s still worth noting that Starship is not a perfect fit right out of the box.

The RFI could also end with a whimper if SpaceX simply tells NASA that it’s happy to proceed with Dragon XL as proposed. Only time will tell. NASA is planning to hold an industry day on April 20th to better explain the RFI’s goals and wants responses by May 31st, 2022, after which the agency will decide whether or not to follow up with a solicitation or on-ramp Dragon XL.

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 and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

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.

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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.

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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.

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Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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