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On a different note: what do we expect for today?



Not really. That's just the lower BB band at Friday's close. The MMD has a target most days, and it's often whatever the lower BB is at

And here's a 5-min chart of the MMD in question:

TSLA.MMD.2019-03-25.09-35.png


So yesterday the MMD was about 255.76 on human-scale reaction time (not HFT by AI)

That's just 53 cents below the Monday MMD as predicted by T/A on FRIDAY AT 4:00 PM

Yeah, many trading days you can set yer clock by the arrival of that train....

Cheers!

P.S. The BBs at end-of-day on Mon, Mar 25, 2019 were:
  • Lower: 253.18
  • Middle: 283.21
  • Upper: 313.25
 
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But, I am now worried about Model 3 LR (including Perf) demand in the US.

There is nothing to worry about, but you're overlooking international demand that had been put on hold for an extra year, only because your law for tax credits was poorly written. Tesla did the smart thing by pulling demand forward into Q4, selling everything they could in America before starting production for overseas and then ramping up local demand at the end of the quarter again. Another delay of international orders would have led to some people cancelling orders. I think it will be a while until sales actually represent steady stream demand, we're still in the rollout and ramp phase.
 
This is not a Supreme Court issue and will be answered by the trial court and probably there will be no appeal. Hopefully EM will be vindicated on his tweet.

I'm no lawyer, but I can read politics, and this is politics.

Hopefully this will indeed be settled at the trial court level, the SEC will be embarassed enough that they'll stop harassing Tesla, and that will be the end of it. The judge seems like a sensible, respectable judge. That would be the normal, likely result.

But the SEC behavior isn't normal to start with.

I ponder an alternate universe in which the SEC did their basic homework about electric cars, and found a tweet which could reasonably have been considered material, and gave Tesla reasonable amounts of time to respond. It would have been very different, and Musk might have been in serious trouble. It was also the universe I thought I was living in, until recently...

Musk genuinely can't accept the SEC's misinterpretation of the agreement and would have to take it to the Supreme Court if he lost at trial. (I am surprised that the SEC didn't try to make some much narrower point, like claiming that anything involving production numbers might reasonably be considered material, and leave it at that, but instead they went full on looney.)

The thing is, weird *sugar* has been happening in the legal system recently, by which I mean the last 18 years. So I've started considering the weird, unlikely possibilities. I didn't expect the 2000 election theft, which was probably the first real shock. I didn't expect state nullification of federal laws to become a reopened question (and in the context of drug laws, it is, with state governments threatening the federal government *successfully* until it doesn't enforce federal drug laws in state). I didn't expect a quarter of the land in the country to end up with clouded title due to mass document fraud by banks. I didn't expect "The President can never be prosecuted for anything" to become a seriously-considered legal "doctrine" among *any* judges. I didn't expect judges to approve the SIPC's decision to default on its legal obligations and refuse to insure against fraudulent brokerage accounts (which is really the only thing it's there for), and I really didn't expect the judge to approve the SIPC's attempts to steal money from people who legitimately removed money from brokerage accounts at fraudulent brokers.
 
For the same reason VW is proposing to reduce the German EV subsidy for cars longer than 4.65 meters*: science.

*Model 3 is 4.69 meters long. What an unfortunate coincidence!
Tesla should put out a “German Edition” that reduces the front fascia by 5 cm.
 
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Or they could just issue this guidance:

"The future is uncertain, there's only one thing certain about it: us trying to predict anything will only result in lawsuits.

But we are confident in guiding the following about Tesla's performance this year:
  1. Tesla is in the business of making more cars, and this year we'll probably make between zero and 1 billion cars.
  2. We have several factories under construction and have more planned, which might or might not be built by the end of this millennium.
  3. Not all of them will be on Earth.
  4. There are a lot of idiots in politics who make our life harder, and their actions might or might not affect demand for our products and our expenses of making them.
  5. As things change so will we - we are adaptable.
  6. Don't buy our stock. Really.
  7. If you did buy our stock, see point 6 and shut up.
  8. So long and thanks for all the fish. Tesla out."
... and then they could just concentrate on execution, cash generation and reporting the results, quarter after quarter.

I know you are only being sarky. But your idea of giving no guidance at all would be preferable to giving guidance that barely lasted an hour before being ripped up.
 
Or they could just issue this guidance:

"The future is uncertain, there's only one thing certain about it: us trying to predict anything will only result in lawsuits.

But we are confident in guiding the following about Tesla's performance this year:
  1. Tesla is in the business of making more cars, and this year we'll probably make between zero and 1 billion cars.
  2. We have several factories under construction and have more planned, which might or might not be built by the end of this millennium.
  3. Not all of them will be on Earth.
  4. There are a lot of idiots in politics who make our life harder, and their actions might or might not affect demand for our products and our expenses of making them.
  5. As things change so will we - we are adaptable.
  6. Don't buy our stock. Really.
  7. If you did buy our stock, see point 6 and shut up.
  8. So long and thanks for all the fish. Tesla out."
... and then they could just concentrate on execution, cash generation and reporting the results, quarter after quarter.

I think Elon should totally do this.
 
So imagine Blackberry or Nokia advertising their phones as the "most popular smartphones" ... two years after the introduction of the iPhone? ;)

It's only "technically true" if you use a definition disconnected from the everyday meaning of "popular" - which BTW. is also intentionally disconnected, to dupe people into thinking that their products are indeed still popular.

I.e. it's the text book definition of fraud, which might or might not meet the legal definition of fraud.

No one takes these boast too seriously.

If Tesla cared they could run adds saying Model 3 was the top selling EV globally in 2018. Or since 2017.

Only ambulance chasers would use the word "fraud."
 
OT: Market sentiment in German is pretty depressing these days. Export sentiment index is falling and folks expect exports to get worse.

I worked as a consultant to Nokia during 2007-9 and saw the way Nokia dealt with the iPhone at first hand. At that time, Nokia was one of the most valuable companies in the world. [...] Eventually we had to stop talking about the iPhone as it was clear we were not on message and we stopped getting inviting by Nokia to tender for projects. It didn't matter in the end because we all know that story ended...

This is interesting: I see similarities to this in German news media (and online forum discussions). It is amazing that some people seem to discuss electric vehicles in a vacuum: they all discuss them as an academic exercise, not as a practical reality. And nobody seems to connect falling demand for BMW, Mercedes, Porsche, Audi ICE vehicles as connected to the EV transition.

At the same time, there is (once again) a total political failure to deal with climate issues in Germany where politicians fail once again, to remove Diesel subsidies and don't commit to credible action:

Mangelnder Klimaschutz: Kommission versagt bei Verkehrswende - SPIEGEL ONLINE - Wirtschaft

Lastly: it is interesting to see that some comments seem to now frame the matter of ICE vs. EVs as a generational challenge and get the Friday's for Future dimension into the mix...
 
Because those are the numbers they feel have been properly verified and audited?

Model 3 isn't past 400k vehicles.

Nissan Leaf crosses 400,000 cumulative global sales

It is dumb to advertise about your best-selling EV when it is getting outproduced by far and will be passed in 2.5 years of production when they are talking about sales over 8 years.

Basically that poster will be obsolete in a few months.
 
It is dumb to advertise about your best-selling EV when it is getting outproduced by far and will be passed in 2.5 years of production when they are talking about sales over 8 years.

Basically that poster will be obsolete in a few months.

Not so IMO.

It will like be true for another year or so.

Nissan will sell ~100k LEAFs in 2019.

It gets into people's minds that LEAF is the best selling EV. Perhaps even years after Nissan stops advertising it as such because it is no longer true.

Because Tesla will not advertise Model 3 is now the best selling EV all time in the World.

They will mention it. Show a graph. Maybe an infographic.

But no paid advertisements.
 
Probably all cards are at the table, but not necessarily:
  • If Judge Nathan indeed agrees with Elon's argument that the settlement does not specify whether Elon can exercise discretion, then she has to resolve that ambiguity, and there's two main paths offered by the filings:
    • If she wants to determine "intent" then she has to rely on evidence - and (probably) has to give the SEC another round to submit more settlement negotiations evidence (to which Elon's team might want to submit more evidence, etc.)
    • Or she could determine based on the constitutional arguments that the SEC's interpretation is unconstitutional and the only reasonable interpretation is what Tesla and Elon Musk are using.
I.e. the SEC did not put all cards on the table, and they also made it easier for the judge the rule against them on constitutional grounds.

I'm wondering whether this was deliberate: if the SEC is worried about losing this case then which would be the better outcome, to lose because they in effect mislead the court about the intent of the negotiations, or lose on some abstract constitutional grounds?

If I was Sheryl Crumpton I sure as hell would prefer not to lose on "intent" grounds, which would invite uncomfortable questions: "Why did the SEC file the contempt motion if they knew it perfectly well what the intent of the parties was?"

Which is I believe why they didn't contest Elon's evidence that underlines their constitutional arguments and offered some vague "we think there's more evidence" response regarding the settlement negotiations email trail ...

Which is fine with me - Elon winning this on constitutional grounds would be the most robust outcome for Tesla and Tesla shareholders. Or if Elon wins only on immateriality, with the constitutional arguments undecided, they could almost immediately file a motion for declaratory judgement to decide the broader constitutional arguments, to remove the considerable uncertainty in interpreting the consent decree.
I think you are missing a step. There were two cases and orders involved originally, the SEC vs Musk and the SEC vs Tesla. Tesla was required to create a plan with both monitoring and vetting aspects. Musk was required to follow that plan. The text of the Tesla plan was supplied to the SEC without objection by the SEC, so it was approved by them. Requires of the plan as stated in the court order: SmartSelect_20190326-060007_Adobe Acrobat.jpg

At that point, the only ones who can (easily) determine if Musk is in violation is Tesla itself. Tesla has stated Musk was abiding by their (Tesla's) procedures so the buck stops there.
The only thing SEC could do at that point is turn around and sue Tesla for not having a plan that meets the requirements of the Court Order (which means they did not properly review it) or that Tesla is lying about Musk being in compliance. However, that then gets into the whole plain text/ normal reader thing (plese mentally insert proper terms here). Given that it is a contract between Tesla and Musk which the SEC already agreed to, that seems a hard hill to climb...
 
Wait a minute - haven't you been claiming that Q4 sales (86,555 vehicles) were higher than the steady-state demand due to pull-forward demand from Jan-Mar of 2019? The current product mix has far less gross margin and revenue per vehicle than 2018Q4, so even if sales eventually reach that Q4 level operating cash flow will be less until unit sales increase well beyond the Q4 level.

Yeah, so I don't think that's true, and it's an important point regardless of what we think about the state of post-tax-incentive-cliff and polar-vortex influenced U.S. demand.

Let's look at the raw ASP data from Europe:


EUR/USD is at around 1.13, USD/CHF is at parity.

Yeah, I know it's self-reported, VAT and tariff and logistics expense encumbered, but the fact is that in Germany you cannot configure a Model 3 cheaper than €54.780, or $61,900:

And, to the extent we trust user reported data, the average ASP is €64.5k+, or $72,800+:

With average VAT of ~15%, tariffs of 10% and transportation costs of ~$2,000 that is still an effective ASP calculated back to the Fremont factory in the $54k range. That's all post price-reduction turmoil prices.

(Wondering whether @schonelucht concurs.)

Assuming they reach similar effective ASP in China sales as well (which I presume they do, they are in control of their prices), even if the average N.A. ASP is in the $50k range due to SR+, price cuts and all the other measures, the EU/CN ASP is pulling that up by about 5%.

There are major car companies whose entire margin is 5% ...

So I think Model 3 ASP will be just fine.

Model S/X is a wildcard and I agree that there are several signs that it's not going to look very rosy in Q1 in terms of absolute figures (production, deliveries and revenue). But they seem to have introduced cost cutting measures, plus they have eliminated the lowest margin variant which was like 50% of all their S/X sales.

This is looks like a classical "effective EV luxury car market monopolist is maximizing cash cow income" measure to me. They had to maximize S/X revenue until now to keep the growth story alive, but now the Model 3 is the growth story and the S/X products can just generate cash.

And then there's the upside wildcard of their re-negotiated 18,650 cell supply contract with Panasonic. If indeed their cell costs improved by ~30% then Model S/X margins could stay pretty healthy, despite lower Q1 sales. There should be lower per unit depreciation/amortization overhead due to the S/X lines being pretty mature, much of the initial capex should already be off the depreciation schedule.

So I'm not fully convinced about your bearish Q1 ASPs and margins view. Yes, it could happen, Tesla has this knack for surprising bulls for the worse, but the signals are super conflicting.
 
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Still OT - but maybe something that should scare the living daylights out of the legacy car makers (and tangentially connected to Leaf sales numbers):

If you check the stats over at Registreringer av nye elbiler i Norge you can drill down into different cars. These are the top 3 all time sales in Norway:

Leaf: Registreringer av nye elbiler i Norge
Golf: https://www.itanywhere.no/E-reg.php?car=Volkswagen Golf
i3: https://www.itanywhere.no/E-reg.php?car=Bmw I3

On the i3 - I can't make anything of it. On the Golf: keep in mind that these are not just new cars but also old vehicles just registered in Norway the first time (it also included non-EV Golfs so that's a bit murky). But look at the trend for the Leaf. Keep in mind March is not done yet. But see what the Model 3 is doing with the sales of other EVs - at least those that are in some kind of competition with the Model 3.

If you compare the sales numbers of the Nissan E-nv200 (a delivery van) - the Model 3 doesn't seem to harm its numbers:

https://www.itanywhere.no/E-reg.php?car=Nissan Nissan E-nv200

I'm sure somebody would ask: so here is to e-Tron - too soon to tell: https://www.itanywhere.no/E-reg.php?car=Audi E-tron
And here is the iPace - again interesting pattern - they seem to be doing batching, too: https://www.itanywhere.no/E-reg.php?car=Jaguar I-pace

In short: it is not easy to compete against the Model 3 in a direct comparison in a market without home-advantage. So the US developments are not just happening there...

PS: not even noon over here and Norway delivered already 94 cars today...

Alright, over & out for now :)
 
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Because those are the numbers they feel have been properly verified and audited?

Model 3 isn't past 400k vehicles.

Nissan Leaf crosses 400,000 cumulative global sales
Or the ad was made around Nov 2018...
However, "best selling" (present tense) != 'highest number sold' (past tense).
NYT best seller list vs Lord of the Rings (150 million sold), A Tale of Two Cities (200 million) or Don Quixote (500 million)

The Model T (15 million) is a better selling (non-EV) vehicle than the Leaf...
</pedantic:) >