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SpaceX nears big US govt. missions as ULA handwaves about risks of competition

Falcon 9 B1045 rolls out to Pad 40 ahead of its first launch in April 2018. (NASA/SpaceX)

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Speaking at the 2018 Von Braun Symposium in Huntsville, Alabama, ULA COO John Elbon expressed worries that the US National Security Space (NSS) apparatus could be put at significant risk if it comes to rely too heavily on the commercial launch industry to assure access to space.

Given that the US military’s launch capabilities rest solely on SpaceX and ULA and will remain that way for at least three more years, Elbon’s comment was effectively an odd barb tossed in the direction of SpaceX and – to a lesser extent – Blue Origin, two disruptive and commercially-oriented launch providers.

Reading between the lines

For the most part, Elbon’s brief presentation centered around a reasonable discussion of ULA’s track record and future vehicle development, emphasizing the respectable reliability of its current Atlas V and Delta IV rockets and the ‘heritage’ they share with ULA’s next-generation Vulcan vehicle. However, the COO twice brought up an intriguing concern that the US military launch apparatus could suffer if it ends up relying too heavily on ‘commercially-sustained’ launch vehicles like Falcon 9/Heavy or New Glenn.

To provide historical context and evidence favorable to his position, Elbon brought up a now-obscure event in the history of the launch industry, where – 20 years ago – companies Lockheed Martin and Boeing reportedly “set out to develop … Atlas V and Delta IV” primarily to support the launch of several large satellite constellations. The reality and causes of the US launch industry’s instability in the late ’90s and early ’00s is almost indistinguishable from this narrative, however.

Despite the many veils of aerospace and military secrecy surrounding the events that occurred afterward, the facts show that – in 1999 – Boeing (per acquisition of McDonnell Douglas) and Lockheed Martin (LM) both received awards of $500M to develop the Delta IV and Atlas V rockets, and the military further committed to buying a full 28 launches for $2B between 2002 and 2006. Combined, the US military effectively placed $3B ($4.5B in 2018 dollars) on the table for its Evolved Expendable Launch Vehicle (EELV) program with the goal of ensuring uninterrupted access to space for national security purposes.

Rocketing into corporate espionage

“The robust commercial market forecast led the Air Force to reconsider its acquisition strategy.  The EELV acquisition strategy changed from a planned down-select to a single contractor and a standard Air Force development program [where the USAF funds vehicle development in its entirety] to a dual commercialized approach that leveraged commercial market share and contractor investment.” – USAF EELV Fact Sheet, March 2017

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The above quote demonstrates that there is at least an inkling of truth in Elbon’s spin. However, perhaps the single biggest reason that the EELV program and its two awardees stumbled was gross, inexcusable conduct on the part of Boeing. In essence, the company’s space executives conspired to use corporate espionage to gain an upper-hand over Lockheed Martin, knowledge which ultimately allowed Boeing to severely low-ball the prices of its Delta IV rocket, securing 19 of 28 available USAF launch contracts.

Ultimately, Lockheed Martin caught wind of Boeing’s suspect behavior and filed a lawsuit that began several years of USAF investigations and highly unpleasant revelations, while Boeing also had at least 10 future launch contracts withdrawn to the tune of ~$1B (1999). USAF investigations discovered that Boeing had lied extensively to the Air Force for more than four years – the actual volume of information stolen would balloon wildly from Boeing’s initial reports of “seven pages of harmless data” to 10+ boxes containing more than 42,000 pages of extremely detailed technical and proprietary information about Lockheed Martin’s Atlas V rocket proposal.

“If you rewind the clock 20 years, there were folks on a panel like this having dialogue about commercial launch, and there were envisioned several constellations that were going to require significant commercial launch. Lockheed Martin and Boeing set out to develop launch vehicles that were focused on that very robust commercial market – in the case of McDonald Douglas at the time, which later became Boeing, the factory in Decatur was…sized to crank out 40 [rocket boosters] a year, a couple of ships were bought to transport those…significant infrastructure put in place to address that envisioned launch market.” – John Elbon, COO, United Launch Alliance (ULA)

 

In reality, Boeing was so desperate to secure USAF launches – despite the fact that it knew full well that Delta IV was too expensive to be sustainably competitive – that dozens of employees were eventually roped into a systematic, years-long, highly-illegal program of corporate espionage specifically designed to beat out government launch competitor Lockheed Martin. Humorously, Delta IV was not even Boeing’s design – rather, Boeing acquired designer McDonnell Douglas in late 1996, five days before the USAF announced the decision to reject Boeing and another company’s EELV proposals, narrowing down to two finalists (McDonnell Douglas and Lockheed Martin).

Seven years after the original lawsuit snowballed, Boeing settled with Lockheed Martin for a payment of more than $600M in 2006, accepting responsibility for its employees’ actions but admitting no corporate wrongdoing. Five years after that settlement, John Elbon became Vice President of Boeing’s Space Exploration division. This is by no means to suggest that Elbon is in any way complicit, having spent much of his 30+ years at Boeing managing the company’s involvement in the International Space Station, but more serves as an example of how recent these events are and why their consequences almost certainly continue to reverberate loudly within the US space industry.

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SpaceX forces change

Worsened significantly by the consequences of Boeing’s lies about the actual operational costs of its Delta IV rocket (it had planned to secretly write off a loss on each rocket in order to steal USAF market share from LockMart), the commercial market for the extremely expensive rocket was and still is functionally nonexistent. 35 out of the family’s 36 launches have been contracted by the US military (30), NOAA (3), or NASA (2); the rocket’s first launch, likely sold at a major discount to Eutelsat, remains its one and only commercial mission.

ULA’s Delta Heavy seen during the August 2018 launch of NASA’s Parker Solar Probe. (Tom Cross)

Atlas V, typically priced around 30% less than comparable Delta IV variants, has had a far more productive career, albeit with very few commercial launches since the Dec. 2006 formation of the United Launch Alliance. Since 2007, just 5 of Atlas V’s 70 launches have been for commercial customers. Frankly, although Atlas V was appreciably more affordable than Delta IV, neither rocket was ever able to sustainably compete with Europe’s Ariane 5 workhorse – Ariane 5 cost more per launch, but superior payload performance often let Arianespace manifest two large satellites on a single launch, approximately halving the cost for each customer. Russia’s affordable (but only moderately reliable) Proton rockets also played an important role in the commercial launch industry prior to SpaceX’s arrival.

After fighting tooth and nail for years to break ULA’s US governmental launch monopoly, SpaceX’s first dedicated National Security Space launch finally occurred less than a year and a half ago, in May 2017. SpaceX has since placed a USAF spaceplane and a classified NSS-related satellite into orbit and been awarded launch contracts for critical USAF payloads, most notably winning five of five competed GPS III satellite launches, to begin as early as mid-December. Falcon 9 will cost the USAF roughly 30% less than a comparable Atlas 5 contract, $97M to ULA’s ~$135M.

 

A bit more than two decades after Boeing bought McDonnell Douglas and began a calculated effort to steal trade secrets from Lockheed Martin, Elbon – now COO of the Boeing/Lockheed Martin-cooperative ULA – seems to fervently believe that the most critical mistake made in the late 1990s and early 2000s was the USAF’s decision to partially support the development of two separate rockets. Elbon concluded his remarks on the topic with one impressively unambiguous summary of ULA’s position:

“We have to make sure that we don’t get too much supply and not enough demand so that the [launch] providers can’t survive in a robust business environment, and then we lose the capability as a country to do the launches we need to do … [That’s] the perspective we have at ULA and it’s based on the experience that we’ve been through in the past.”

In his sole Delta IV vs. Atlas V case-study, what ULA now seems to think might have been “too much supply” under the USAF’s EELV program appears to literally be the fundamental minimum conditions needed for competition to exist at all – two companies offering two competing products. Short of directly stating as much, it’s difficult to imagine a more concise method of revealing the apparent belief that competition – at all – is intrinsically undesirable or risky.

A recording of the Von Braun Symposium’s Commercial Space panel can be viewed here at timestamp 01:11:40.

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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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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.

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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.

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.

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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.

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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.

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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.

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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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