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SpaceX waits in the wings as NASA risks maiming Jupiter probe to pinch pennies

NASA's ambitious and exciting Europa Clipper mission continues to be held back by the joint NASA-Congress SLS rocket. (NASA)

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SpaceX and its Falcon Heavy rocket continue to wait in the wings as NASA risks maiming its ‘Europa Clipper’ Jupiter probe by pinching the wrong pennies.

For the second time, NASA has performed “continuation/termination reviews” of three of the Europa Clipper spacecraft’s scientific instruments after budget overruns on the order of no more than a few tens of millions of dollars. Thankfully, no instruments were canceled, unlike the “ICEMAG” magnetometer that was functionally killed last year. Still, a NASA program scientist casually noted that the space agency would tolerate launching without one of two cameras and would offer no more funding to a mass spectrometer instrument (MASPEX), raising the risk of instrument failure during the challenging mission.

For any scientific spacecraft or rover, the instruments carried along are effectively the entire reason for their existence: if those instruments are faulty (or even removed before launch), the mission is effectively rendered pointless. Further, due to the sheer complexity and challenges posed by the act of getting to the destination and surviving after arrival, the actual instruments most scientific spacecraft carry represent a tiny fraction of the overall mission cost and mass. It’s not easy to readily imagine a better way to signal inept program management than by singularly focusing on that tiny, lifeblood-esque portion of a spacecraft’s budget. Undeterred, that is exactly what NASA appears to be doing with Europa Clipper – penny-wise, perhaps, but undoubtedly pound-foolish.

NASA’s ambitious and exciting Europa Clipper mission continues to be held back by the joint NASA-Congress SLS rocket. (NASA)

It’s not always true that only a small portion of an exploratory spacecraft’s budget is spent on scientific instruments but it absolutely is when it comes to Europa Clipper. Originally hoped to cost as little as $2 billion in 2013, Europa Clipper’s budget allocation has ballooned to $4.5 billion over the life of the program. Of that $4.5 billion, as little as $110M was dedicated to nine scientific instruments assigned to the spacecraft – a ratio of ~41:1. Even if instrument cost ballooned by 100% to ~$220 million, it would still be a measly 20:1. The space environment around Jupiter is admittedly one of the most challenging in the Solar System, warranting some imbalance, but either ratio is still exceptionally bad as far as most exploratory missions go.

Designed to create detailed maps of Europa’s theorized water oceans, ICEMAG, for example, jumped from a $30 million cost estimate to $45 million before NASA abruptly killed it. A Clipper planetary scientist called ICEMAG “a critical instrument that’s been central to Europa science forever”. MASPEX, meanwhile, is a mass spectrometer that will be used to analyze possible chemicals captured by flying through Europa’s transient atmosphere (or, even better yet, plumes from vast ocean geysers). In other words, the instrument most likely to be hobbled next by NASA is also the only instrument on Europa Clipper capable of potentially detecting signs of life by directly sampling material ejected by Europa’s plumes.

Even just with ICEMAG removed, the value proposition of a $4.5 billion mission to an ocean moon of Jupiter becomes much hazier. With ICEMAG removed and MASPEX at risk of being thrown to the wolves, Europa Clipper’s purpose becomes even weaker. Of course, seven valuable instruments remain – some of which partially overlap with MASPEX’ goals – and MASPEX could still technically make it to the finish line in its original handicap-free state, but the tides are definitely not moving in an encouraging direction.

Europa Clipper. (NASA)

The worst part is that excluding the extraordinarily expensive spacecraft that will host instruments worth ~3-5% its cost, Congress has been dead-set on forcing Europa Clipper to launch on NASA’s chronically-delayed, over-budget Space Launch System (SLS) rocket. SLS has yet to launch once despite more than a decade of development and almost $30 billion spent on the rocket alone, and it would take a miracle for an SLS rocket to be ready to launch Clipper before 2025 or 2026. Europa Clipper is working towards a launch no earlier than 2024, meaning that the spacecraft would have to be stored indefinitely at a cost of at least $125 million per year.

Intrepid readers may note that the cost of simply waiting a single year for SLS to be ready for launch is higher than the cost of all of Europa Clipper’s scientific instruments at their original $110 million budget. The actual cost to NASA for a single SLS launch is expected to $1.5 billion at the absolute minimum, while $2-2.5 billion is far more reasonable. With a little effort and some moderate cruise stage tweaks, Ars Technica has already reported that an expendable SpaceX Falcon Heavy rocket augmented with an off-the-shelf kick stage could send Europa Clipper to Jupiter in 5-6 years, compared to ~3 with SLS.

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A solid 3-4 years behind schedule, the first SLS Core Stage (booster) arrived at Stennis in January 2020 for a full-scale static fire test but has been delayed for months. (NASA)
By the time SLS launches once, there’s a good chance Falcon Heavy will have launched six or seven times, including one or two high-value missions for NASA. (Pauline Acalin)

Ironically, that means that if Falcon Heavy was ready to launch Europa Clipper when the spacecraft is expected to be ready in 2024, it would actually arrive at the same time (or close) if it launched on SLS – once a minimum two-year launch vehicle delay is accounted for. A Falcon Heavy would also save NASA at least $1-2 billion, while it would directly save the Europa Clipper program the ~$250 million it would otherwise need to spend to store the spacecraft while waiting years for an SLS rocket. That $250 million alone – an inevitable add-on cost if SLS is chosen – could easily double the budget of every single Europa Clipper science instrument, adding plenty of breathing room, reinstating ICEMAG, and likely improving the science they output – data-gathering quite literally being the whole purpose of the mission.

Of course, the odds that NASA actually steps out from under the political shadow of SLS and stops playing penny wise and pound foolish with the extraordinarily expensive science missions it shepherds is unlikely. But still, the possibility (and hope) remains. Most recently, a very slight change in the wording of a proposed law (bill) could give the Europa Clipper program the legal wiggle room it needs to sidestep Congress’ desire to force it to launch on SLS. Of course, the senators and representatives with parochial attachment to the rocket will continue to fight tooth and nail to legally force it upon NASA at every possible turn, but there is now at least a chance of a sane outcome.

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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

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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Investor's Corner

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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