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Elon Musk and Warren Buffett Squabble Over Solar In Nevada

Warren Buffett’s Berkshire Hathaway owns NV Energy, the largest utility company in Nevada. NV Energy has recently pressured the Nevada PUC to slash the amount it must pay residential solar customers for electricity from rooftop solar arrays. Elon Musk is not happy.

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Warren Buffet

Warren Buffet

Warren Buffett’s company Berkshire Hathaway owns NV Energy, Nevada’s largest electric utility. Part of Tesla Motors’ agreement with the State of Nevada regarding the Gigafactory is a provision that guarantees the factory to receive discounted electricity rates for 8 years. However that discount will result in a $1.50 per year increase to existing NV Energy customers, according to the Las Vegas Sun.

Elon Musk has a major role in SolarCity, the rooftop solar company that specializes in helping residential customers obtain rooftop solar systems for their homes. In Nevada, those homeowners were able to sell any excess electricity back to NV Energy through a process known as net metering. The reimbursement rate was set at 11 cents per kilowatt. That extra money helped fuel a boom in residential rooftop solar with SolarCity leading the way.

But recently, under heavy pressure from NV Energy, the Nevada Public Utilities commission slashed the rate to just 2.6 cents per kilowatt. The rooftop solar companies screamed that the move would eviscerate the residential solar industry in the state. SolarCity shut down its operation in Nevada and laid off hundreds of employees.

Warren Buffett told CNBC on Monday that it is ridiculous for NV Energy to pay rooftop solar customers 11 cents per kilowatt when the company’s base cost of electricity from conventional operations is just 5 cents per kilowatt. He says it is unfair for 1,000,000 customers who don’t have rooftop solar to subsidize the 17,000 or so who do. He says Elon Musk has called and spoken to him about the situation.

“He was unhappy,” Buffett said of Musk. Then he added, “He’s being subsidized with his battery plant big time.” Is that really true? The battery factory Buffett is referring to is the Tesla Gigafactory, which has been designed from the start to be net zero. That means it will generate more electricity every year than it uses. Net zero does not mean it will never draw power from the electrical grid. It means it will put more back into the grid than it uses over the course of a year. There is no information available on how the new rules from the Nevada Public Utilities commission may impact Tesla.

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Musk always likes to remind people that the $1.3 billion Tesla is receiving in incentives amount to only a small discount compared to the size of the economic benefits the project is conferring on the area. “It makes sense that if something is the biggest thing on Earth, it’s probably going to have incentives that are big in the absolute, but small in relative terms,” Musk says

Warren Buffett likes to say that Berkshire Hathaway is strongly committed to reducing global carbon emissions. But he, like the Koch Brothers, is heavily invested in fossil fuels. According to ThinkProgress, he wrote in his annual letter to investors recently,  “Last year, BHE [Berkshire Hathaway Energy] made major commitments to the future development of renewables in support of the Paris Climate Change Conference.”

That may be true, but last year it also nearly doubled its position in Phillips 66 and boosted its investment in Suncor position by nearly seven million shares to 30 million shares, an investment now worth approximately $1.1 billion. Suncor is the Canadian company that seeks to develop the Alberta tar sands, the dirtiest source of petroleum on the planet.

Buffett may be one of the smartest investors in the history of the planet, but he is no leader on climate change issues the way Musk is. His letter to investors had this paragraph: "As a citizen, you may understandably find climate change keeping you up nights. As a homeowner in a low-lying area, you may wish to consider moving. But when you are thinking only as a shareholder of a major insurer, climate change should not be on your list of worries."

ThinkProgress labels coastal flooding as a potential trillion dollar liability. Berkshire Hathaway is one of the largest companies in flood insurance and therefore has a huge potential risk from rising sea levels.

Photo credit: CNBC

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"I write about technology and the coming zero emissions revolution."

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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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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.

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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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