This real vs EPA range vs battery capacity thing just keeps going on and on. I am techy and believe I understand the issues well, but after reading / listening to this kind of thread it has me scratching my head.
The actual capacity of the battery as used in a specific application is what matters. If the application charges to 4.1v, then the stored energy for that pack is clearly defined. There should be no variation (other than genuine degradation of the pack which causes internal losses to cause less efficient operation). Just like the gas tank of a car shouldn't (doesn't) change its volume! Of course as the motor wears, it becomes less efficient so what it can do with each gallon of gas gets less, but that's a different issue. In the OP's case it's like they gave him a smaller gas tank.
Now range is very different. In order to talk about range (EPA or other) you have to make assumptions. EPA may be over optimistic and Tesla wildly over optimistic, but range obviously depends on how the car is used.
The job of the charging / BMS system is just to charge the battery and make sure it is balanced and charged safely to the required safe limit. At any time the battery will have a stored amount of energy / kwh of which a certain lower amount is actually available for use. The range you get from your stored energy is purely down to how efficiently you drive and how little energy you can get away with using for each mile you travel. Tesla will guess / speculate about how far typical drivers might get on however much energy your battery can store at full charge, but that is nothing to do with the condition of your battery.
An ICE can range would not surprising drop by roughly 50% if you put in a half sized gas tank! Yes, that would effect your range, but only because the car has half the fuel available.
So talking about range as a measure of battery status makes no sense to me. The two ideas are inevitably linked if you ignore WHY you get a certain range. The same spec gas car with a smaller gas tank could have the same range as one with a bigger tank if it is used differently. The point is, a careful driver with a large gas tank should obviously get the max possible range.
So.... you can't use range as a measure of battery condition although a sudden drop in range with all other factors unchanged most likely points to a battery issue.
The only way to focus on the correct discussion is to focus on the battery capacity both when 'new' and when 'failed'. That's why imo Tesla dropped the numbers from the cars. They don't want people to be reminded what size battery they actually bought.
The way Tesla are playing it at the moment is like range is everything. A Model S 350 would have a 350 mile range, and we can stick any battery in and claim the range is 350 if you drive hypermiling style.
If your battery is supposed to store 75kwh with 70kwh available, how you use that energy is up to each driver. If the OP was given an old battery with lower energy capacity than his old one, that's cr** and Tesla should sort him out.
Focus on the battery stats not range. While each owner will have a range they typically get, having that range suddenly drop because they drive differently or its very cold is not the same deal as the battery capacity suddenly dropping due to battery gate, faulty battery, battery replacement.
The question I would demand of Tesla is to see the status report they used to determine what the replacement battery spec had to be.