I did email a question to UNECE about the UN Regulation No. 85 if Tesla is allowed to just add together the max power net numbers and if the test include battery limitation. This is the answer.
Thank you for your query about UN Regulation No. 85.
My understanding is that UN Regulation No. 85 (particularly Annex 6 dealing with the method for measuring net power and the maximum 30 minutes power of electric drive trains) is not clear enough at this stage to provide a clear answer to the question. The informal working group Electric Vehicles and the Environment (EVE) under the Working Party on Pollution and Energy (GRPE) is actually currently working on the proper determination of net power of new powertrain technologies such as hybrid electric and full electric vehicles.
However, please note that the secretariat is not authorized to interpret UN Regulations and/or the 1958 Agreement itself.
Such interpretations are fully in the purview of the Contracting Parties to the Agreement and, if they wish, they may bring the question to the World Forum for Harmonization of Vehicle Regulations (WP.29) for consideration and advise.
Thus, you may want to contact the Type Approval Authority and the Technical Service granting such approvals to give you their interpretation of the Regulation.