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SpaceX’s upgraded Starship set for test flight despite sore NASA contract losers

Sore losers have potentially delay NASA's ability to work on SpaceX's HLS Moon lander contract but the company isn't letting the red tape stop it from making progress. (Dynetics/SpaceX/bocachicagal/Blue Origin)

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Within the last week, while SpaceX has been diligently working to ready an upgraded Starship prototype for its first launch, former competitors Blue Origin and Dynetics – both of which recently lost a historic NASA Moon lander contract to SpaceX – have filed “protests” and forced the space agency to freeze work (and funds).

That means that NASA is now legally unable to use funds or resources related to its Human Lander System (HLS) program or the $2.9 billion contract it awarded SpaceX on April 16th to develop a variant of Starship to return humanity to the Moon. However, just like SpaceX has already spent a great deal of its own time and money on Starship development and – more recently – a rapid-fire series of launches, the company appears to have no intention of letting sore losers hamper its rocket factory or test campaign.

https://twitter.com/CaseyDreier/status/1388232161921093634

Instead, on the same two days Blue Origin and Dynetics loudly filed official protests with the US Government Accountability Office (GAO), SpaceX performed two back-to-back static fire tests with a Starship prototype and Raptor engines outfitted with “hundreds of improvements.” Technical challenges and unsavory weather conditions forced SpaceX to call off a launch planned sometime last week but the company now appears to be on track to launch Starship prototype SN15 as early as Tuesday, May 4th.

In principle, the ability for companies to protest US government contracting decisions is a necessity and (nominally) a net good but it can easily be misused – and often in damaging ways. In the case of Blue Origin and Dynetics, it’s difficult not to perceive both protests as examples of the latter.

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Blue Origin effectively disagrees with every single major point made and conclusion drawn by NASA’s Source Selection Authority (Kathy Lueders) and a separate panel of experts – often to the point that the company is strongly implying that it understands NASA’s contracting process better than the space agency itself. Blue Origin partners Northrop Grumman and Lockheed Martin are both partially or fully responsible for several of their own catastrophic acquisition boondoggles (F-35, Orion, SLS, James Webb Space Telescope, etc.) and are part of the military-industrial complex primarily responsible for turning US military and aerospace procurement into the quagmire of political interests, quasi-monopolies, and loopholes it is today.

The primary argument is generally shared by both protestors. In essence, Dynetics [p. 23; PDF] and Blue Origin [PDF] believe that it was unfair or improper for NASA to select just a single provider from the three companies or groups that competed. They argue that downselecting to one provider in lieu of budget shortfalls changed the procurement process and competition so much that NASA should have effectively called it quits and restarted the entire five-month process. Blue Origin and Dynetics also both imply that they were somehow blindsided by NASA’s concerns about a Congressional funding shortfall.

In reality, NASA could scarcely have been clearer that it was exceptionally sensitive about HLS funding and extremely motivated to attempt to return humans to the Moon by 2024 with or without the full support of Congress – albeit in fewer words. As Lueders herself noted in the HLS Option A award selection statement, the solicitation Blue, Dynetics, and SpaceX responded to states – word for word – that “the overall number of awards will be dependent upon funding availability and evaluation results.”

Additionally, implications that NASA somehow blindsided offerors with its lack of funding are woefully ignorant at best and consciously disingenuous at worse. Anyone with even the slightest awareness of the history of large-scale NASA programs would know that the space agency’s budget is all but exclusively determined by Congress each year and liable to change just as frequently if political winds shift. Short of blackmailing members of Congress or wistfully hoping that other avenues of legal political influence and partnership actually lead to desired funding and priorities appearing in appropriations legislation, NASA knows the future of its budget about as well as anyone else with access to the internet and a rudimentary awareness of history and current events.

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It became clear that Congress was likely to drastically underfund NASA’s HLS program as early as November 2020 – weeks before HLS Option A proposals were due. The latest appropriations bill was passed on January 3rd, 2021, providing NASA $850 million of the ~$3.4 billion it requested for HLS. Historically, NASA’s experience with the Commercial Crew Program – public knowledge available to anyone – likely made it clear to the agency that it could not trust Congress to fund its priorities in good faith when half a decade of drastic underfunding ultimately delayed the critical program by several years. That damage was done by merely halving NASA Commercial Crew budget request from 2010 to 2013, whereas Congress had already set itself on a path to provide barely a quarter of the HLS funds NASA asked for in the weeks before Moon lander proposals were due.

Ultimately, the protests filed by Blue Origin and Dynetics are packed to the brim with petty axe-grinding, attempts to paint SpaceX in a negative light, and a general lack of indication that either company is operating in good faith. Instead, their protests appear all but guaranteed to fail while simultaneously forcing NASA to freeze HLS work and delay related disbursements for up to 100 days. Given that SpaceX is now technically working to design, build, qualify, and fly an uncrewed Lunar Starship prototype by 2023 and a crewed demonstration landing by 2024, 100 days represents a full 7-10% of the time that’s available to complete that extraordinary task.

Ironically, the protests made by Blue Origin and Dynetics have already helped demonstrate why NASA’s decision – especially in light of unambiguous budgetary restrictions – to sole-source its HLS Moon lander contract to SpaceX was an astute one. Had a victorious Blue Origin or Dynetics been in a similar position to SpaceX, it’s almost impossible to imagine either team continuing work to a significant degree in lieu of NASA funding or direction. SpaceX, on the other hand, hasn’t missed a beat and looks set to continue Starship development, production, and testing around the clock regardless of NASA’s capacity to help.

In other words, with a little luck, the actual schedule impact of a maximum 100-day work and funding freeze should be a tiny fraction of what it could have been if NASA had selected an HLS provider more interested in profit margins and stock buybacks than creating a sustainable path for humanity’s expansion beyond Earth.

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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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Elon Musk secretly acquires $1B energy company to power the AI future

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Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

Elon Musk flew under the radar with his recent purchase of a $1 billion energy company, according to Federal Trade Commission (FTC) documents.

Transaction number 202612350 listed Tesla and SpaceX frontman Elon Musk as the acquiring party and CF APR Super Holdings LLC as the seller, with New APR Energy, LLC as the acquired entity. The deal, which closed without public announcement, came to light on May 14.

Analysts inferred the deal’s scale from minority stakeholder disclosures, including one report of a 5 percent interest sold for approximately $50.4 million. Fortress Investment Group had purchased APR’s assets in late 2024, rebranded the operation as New APR Energy, and subsequently transferred ownership to Musk.

APR Energy specializes in rapidly deployable power infrastructure. The company maintains one of the world’s largest fleets of mobile gas and diesel turbines, with more than 1.1 gigawatts of generation capacity. Its modular units, which are often trailer-mounted, enable turnkey installations ranging from 20 MW to over 500 MW.

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APR provides full engineering, procurement, construction, operation, and maintenance services for behind-the-meter power plants, serving everything from data centers, utilities, and industrial clients.

The firm has expanded aggressively to meet surging demand, recently adding turbines and deploying over 100 MW for a major AI hyperscaler. Its solutions bridge critical gaps where grid interconnections face delays of two to five years, according to Yahoo.

The acquisition means something more for Musk. As he continues to expand projects in artificial intelligence, especially xAI, his AI venture, there is a greater need to supply energy-intensive supercomputing clusters, including the Colossus project, with what they need: reliable and high-capacity power.

Ownership of APR provides immediate access to flexible generation assets that can be deployed adjacent to data centers, reducing dependence on a strained infrastructure. It also complements Tesla’s energy storage business, so Musk will be able to pull from his own entities to address the rapid scaling demands of AI training and compute.

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Tesla has to fix a big problem with its old headlights, NHTSA says

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tesla model 3 first generation headlight
Credit: Tesla Asia/Twitter

Tesla had a petition protesting a recall to fix a potential issue with 2017-2023 Model Y and Model 3 vehicles’ headlights was denied, as the National Highway Traffic Safety Administration (NHTSA) disagreed with the company’s opinion of things.

The recall covers approximately 19,917 Model Y and Model 3 vehicles built from 2017 to 2023. Tesla initially submitted a noncompliance report for the headlights on these vehicles on March 15, 2024. Tesla then petitioned for an exemption from the fix, which violated FMVSS No. 108 (40 CFR 571.108), arguing that the “noncompliance is inconsequential as it relates to motor vehicle safety.

The NHTSA disagreed, stating that Tesla’s conclusion that the headlights do not increase any risk was not an opinion it shared. The agency said it disagreed with Tesla’s assumption that glare is not increased to surrounding traffic. This issue could be highlighted even more in certain weather conditions.

Tesla will be required to remedy the issue, the NHTSA ruled:

“In consideration of the foregoing, NHTSA has decided that Tesla has not met its burden of persuasion that the subject FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety. Accordingly, Tesla’s petition is hereby denied, and Tesla is consequently obligated to provide notification of and free remedy for that noncompliance under 49 U.S.C. 30118 and 30120.”

The issue here appears to be the angle of the headlights and the brightness they emit during operation. The NHTSA report states that:

“Tesla’s headlamp supplier, Marelli Automotive Lighting, tested 25 right-hand and 25 left-hand lamps, and for this sample, found the maximum photometric intensity measured in the 10°U to 90°U and 90°L to 90°R zone was between 136.2 cd and 230.1 cd for the right-hand lamps and between 117.5 cd and 160.3 cd for the left-hand lamps. According to Tesla, these tests revealed that the photometric intensity of the right-hand and left-hand headlamp lower beam on the subject vehicles may measure as much as 230.1 cd in the 10°U to 90°U and 90°L to 90°R zone, exceeding the maximum photometric intensity by 105.1 cd. Additionally, Tesla states that a left-hand lamp tested by a Transport Canada recognized laboratory measured a maximum of 171.27 cd in the 10°U to 90°U and 90°L to 90°R zone. Despite these measurements exceeding the allowed photometric maximum of 125 cd, Tesla believes that the subject noncompliance is inconsequential to motor vehicle safety.”

Tesla also argued at some points that the headlights had not been deemed responsible for any complaints, accidents, or injuries related to the noncompliance.

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NTSB findings on fatal Tesla crash tell a very different story

The NTSB confirmed the driver, not Tesla’s FSD, caused the fatal Texas house crash.

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The National Transportation Safety Board released preliminary findings Wednesday confirming that a Tesla driver, not the vehicle’s software, caused a fatal crash in Katy, Texas in June. The driver, 44-year-old Michael Butler, had engaged Full Self-Driving Supervised mode on Rose Hollow Lane, a residential street with a 30 mph speed limit, before manually overriding the system by pressing the accelerator pedal all the way to 100%. Data recovered from the 2025 Tesla Model 3 showed the vehicle was traveling over 70 miles per hour when it struck a home and killed 76-year-old Martha Avila, who was inside. Weather was clear, the road was dry, and it was daylight.

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Butler told authorities he had passed out at the wheel. But security camera footage obtained by the NTSB told a different story, and showed the car accelerating through an intersection before leaving the road entirely. Police also found that Butler’s phone had Google searches including the terms “Tesla FSD not aggressive enough 2026” and “Tesla FSD too timid,” raising serious questions about how he was using the system before the crash. Butler has since been charged with manslaughter. The victim’s family has filed a lawsuit against both Butler and Tesla, alleging negligence.

The NTSB findings aligned directly with what Tesla VP of AI Software Ashok Elluswamy had already stated publicly on X in the weeks after the crash, writing that “the driver manually overrode self-driving by pressing the accelerator all the way to 100%.” The data confirmed his account.

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