Well I admire your positive spin.The code is a spec not a manufacturer. Nothing at all has been confirmed on terms of tech we'll be getting. There was a spec sheet someone posted a while back, but that was probably based on assumptions. My guess would be the same battery in every way that matters, but who knows.
If anyone is genuinely concerned you'll be getting a slower car 1% of the time, then focus on the stuff that isn't going to be impacted, ride, handling, styling and track mode. All those things will be on all the time. If and I stress IF we get to winter and at 10% battery the cars are sluggish still, despite the updates and fixed deployed recently, and acceleration is really bothering you, keep the car topped up. All videos show that at least to 30-40% its still going to be faster to 60 than damn near anything else around.
My gut says we'll get the same battery in every way that matters, that Tesla have likely fixed the issue, given the videos all over the internet, this isn't really an issue until VERY low charge and the person that started the performance issue thread seems to have a dodgy unit as they are getting very different results than Bjorn and others who tested.
The issues I reported were from 40% battery, at normal ambient UK temps between 6-15c.
Quite a difference to your 1% of the time. It was half the time I drove mine! Tesla confirmed no fault, it wasn't at VERY low charge, it was at normal ambient temps that UK gets from Oct-May, it's not fixed, it's a noted problem.
I had the latest software update with "cold weather improvements" which made little to no difference at all. Tesla tech actually admitted to me the P isn't suited to northern climates, it's not a quick fix, and they are expecting issues come the colder months. All related to the revised chemistry of the battery, apparently.
I think the only way you will realise this is a problem is when you suffer the same sinking disappointment that I did when my excitement of a P was so ruined by it's blatant under-performance. That's not a nice "gut" feeling at all. But I genuinely hope it miraculously gets fixed, not as if they had the past 8 months to do this, as it's so easy and not an issue....