Are Hybrid Systems Truly the Future of the Grid? NREL’s Magic 8-Ball Says: “Concentrate and Ask Again.”
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4 years agoon
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adminBy Devonie McCamey
A quick scan of recent energy-related headlines and industry announcements shows rising interest in hybrids — and we are not talking about cars.
Hybrid renewable energy systems combine multiple renewable energy and/or energy storage technologies into a single plant, and they represent an important subset of the broader hybrid systems universe. These integrated power systems are increasingly being lauded as key to unlocking maximum efficiency and cost savings in future decarbonized grids — but a growing collection of National Renewable Energy Laboratory (NREL) analysis indicates there are still challenges in evaluating the benefits of hybrids with the tools used to help plan those future grids.
In comparing hybrids to standalone alternatives, it is important to tackle questions like: Is it always beneficial to combine renewable and storage technologies, instead of siting each technology where their individual contributions to the grid can be maximized? Or are only certain hybrid designs beneficial? Does the energy research community consistently represent the characteristics of hybrids in power system models? And are we using common definitions when studying hybrids and their potential impacts?
Turning over a Magic 8-Ball might bring up the response: Concentrate and ask again.
“At NREL, we’re working to represent hybrid systems in our models in a more nuanced, detailed way to try to answer these questions — and ultimately advance the state of modeling to ensure consistency in how hybrids are treated across different tools,” said Caitlin Murphy, NREL senior analyst and lead author of several recent studies of hybrid systems. “With growing interest in these systems that can be designed and sized in lots of different ways, it’s crucial to determine the value they provide to the grid — in the form of energy, capacity, and ancillary services — particularly relative to deploying each technology separately.”
The results of this body of work highlight some gaps between what different models show and what many in the energy community have — perhaps prematurely — proclaimed when it comes to the value of hybrid systems to the future grid.
“Hybridization creates opportunities and challenges for the design, operation, and regulation of energy markets and policies — and current data, methods, and analysis tools are insufficient for fully representing the costs, value, and system impacts of hybrid energy systems,” said Paul Denholm, NREL principal energy analyst and coauthor. “Ultimately, our research points to a need for increased coordination across the research community and with industry, to encourage consistency and collaboration as we work toward answers.”
First, What Do We Mean When We Talk About Hybrid Systems? NREL Proposes a Taxonomy To Delineate What Makes a System a True Hybrid
Finding answers starts with speaking the same language. To help researchers move toward a shared vocabulary around systems that link renewable energy and storage technologies, Murphy and fellow NREL analysts Anna Schleifer and Kelly Eurek published a paper proposing a new taxonomy.

Schematic showing several proposed technology combinations for hybrid energy systems. NREL’s literature review identified several proposed technology combinations. Blue nodes represent variable renewable energy (VRE) technologies, green nodes represent energy storage technology types, and orange nodes represent less-variable renewable energy (RE) technologies or systems; arcs indicate technology pairs that have been proposed in the literature. PV: photovoltaic; RoR: run-of-river; HESS: hybrid energy storage system; CSP + TES: concentrating solar power with thermal energy storage; the Mechanical storage icon encompasses compressed air energy storage and flywheels, both of which ultimately convert the stored energy to electricity. Source: “A Taxonomy of Systems that Combine Utility-Scale Renewable Energy and Energy Storage Technologies“
“Our ability to quantify hybrids’ potential impacts could be hindered by inconsistent treatment of these systems, as well as an incomplete understanding of which aspects of hybridization will have the greatest influence,” Murphy said. “Ultimately, we hope our proposed taxonomy will encourage consistency in how the energy community thinks about and evaluates hybrids’ costs, values, and potential.”
After a thorough literature review, the team developed a new organization scheme for utility-scale systems that combine renewable and energy storage technologies — only a subset of which can truly be called “hybrids.” They came up with three categories based on whether the systems involve locational or operational linkages, or both.
“We found that technology combinations do not represent a meaningful delineation between hybrids and non-hybrids — the nature of the linkages are more important distinctions,” Murphy said.
The resulting categories can help inform policy considerations, as they define system characteristics that could challenge existing permitting, siting, interconnection process, and policy implementations. The taxonomy is also helpful in informing model development efforts, as the categories identify the unique characteristics that must be reflected to adequately represent hybrid systems in a model — including the effects of the linkages on both a project’s costs and the values it can deliver to the grid.
That is where NREL’s next set of analyses comes in.
In a series of recent reports, NREL analysts homed in on a set of technology combinations and linkages that are consistent with a true hybrid system — co-optimizing the design and self-scheduling of linked technologies to maximize net economic benefits.
To do this, NREL modeled hybrid systems using three different tools that underpin many of the laboratory’s forward-looking power system studies. These analyses focus on DC-coupled solar photovoltaic and battery energy storage (PV+battery) hybrids, which are increasingly being proposed for the power system.
Can We Improve How Capacity Expansion Models Assess the Value of PV+Battery Hybrids? “Signs Point to Yes.”
Combining PV and battery technologies into a single hybrid system could lower costs and increase energy output relative to separate systems — but accurately assessing PV+battery systems’ market potential requires improved methods for estimating the cost and value contribution in capacity expansion models, including those that utilities use for integrated resource planning.
In Representing DC-Coupled PV+Battery Hybrids in a Capacity Expansion Model, Eurek, Murphy, and Schleifer teamed up with fellow NREL analysts Wesley Cole, Will Frazier, and Patrick Brown to demonstrate a new method for incorporating PV+battery systems in NREL’s publicly available Regional Energy Deployment System (ReEDS) capacity expansion model.
“The method leverages ReEDS’ existing treatment of separate PV and battery technologies, so the focus is on capturing the interactions between them for a hybrid with a shared bidirectional inverter,” Eurek said. “While we apply this method to ReEDS, we anticipate that our approach can be useful for informing PV+battery method development in other capacity expansion models.”
The research team used the method to explore a range of scenarios for the United States through 2050, using different cost assumptions that are uncertain and expected to influence how competitive PV+battery hybrids will be. These include the cost of hybrid systems relative to separate PV and battery projects, the battery component’s qualification for the solar investment tax credit (ITC), and future cost trajectories for PV and battery systems.
“From the full suite of scenarios, we find that the future deployment of utility-scale PV+battery hybrids depends strongly on the level of cost savings that can be achieved through hybridization. So, greater sharing of balance-of-system costs, reductions in financial risk, or modularity can all lead to greater PV+battery hybrid deployment,” Eurek said. “Deployment is also highly sensitive to the battery component’s ability to arbitrage, based on charging from the grid when prices are low and selling back to the grid when prices are high.”
In all scenarios explored, the synergistic value in a PV+battery hybrid helps it capture a greater share of generation, which primarily displaces separate PV and battery projects. In other words, the model results indicate that there is strong competition between PV+battery hybrids and separate PV and battery deployments — although it is important to note that the modeling does not reflect the faster and simpler interconnection process for hybrid projects, which could shift the competition with other resource types as well. In addition, if the PV+battery hybrid is designed and operated to ensure the battery component can qualify for the solar ITC, that could accelerate near-term deployment of PV+battery hybrids.
The team notes several ways in which future PV+battery system modeling could be improved — regardless of which capacity expansion model is used. A top priority is improving the representation of the battery component, including operations-dependent degradation — which may be distinct for hybrid versus standalone battery systems — and temporary operational restrictions associated with its qualification for the solar ITC. In addition, modeling retrofits of existing PV systems to add batteries may be especially important, since this is often considered one of the fastest ways to get PV+battery hybrids onto the grid.
What About Hybrids’ System-Level Operational Benefits? “Outlook Good.”
The operation and value of PV+battery hybrids have been extensively studied from the perspective of project developers through analyses that maximize plant-level revenue. But hybrid systems’ operational characteristics have rarely been studied from the perspective of grid operators, who work to maintain reliability and maximize affordability by optimizing the performance of a suite of generation and storage assets.
In Evaluating Utility-Scale PV-Battery Hybrids in an Operational Model for the Bulk Power System, NREL analysts Venkat Durvasulu, Murphy, and Denholm present a new approach for representing and evaluating PV+battery hybrids in the PLEXOS production cost model, which can be used to optimize the operational dispatch of generation and storage capacity to meet load across the U.S. bulk power system.
Production cost models are an important tool used by utilities and other power system planners to analyze the reliability, affordability, and sustainability associated with proposed resource plans. Here, NREL demonstrated a technique to enhance a production cost model to represent the operational synergies of PV+battery hybrids.
“We used a test system developed for NREL’s recent Los Angeles 100% Renewable Energy Study — replacing existing PV and battery generators on this modeled system with PV+battery hybrids,” Denholm said.
The research team analyzed different scenarios that were designed to isolate the various drivers of operational strategies for PV+battery hybrids — including how the technologies are coupled, the overall PV penetration on the system, and different inverter loading ratios (or degrees of over-sizing the PV array relative to its interconnection limit).
Results show multiple system-level benefits, as the growing availability of PV energy with increasing inverter loading ratio resulted in increased utilization of the inverter (i.e., resulting in a higher capacity factor), a reduction in grid charging (in favor of charging from the local PV, which is more efficient), and a decrease in system-wide production cost.

This chart shows the destination of all PV direct-current (DC) energy collected over the course of a year for simulated PV+battery hybrids as a function of inverter load ratio (ILR). In addition to demonstrating the growing availability of PV DC energy with increasing ILR, the breakdown of utilized PV DC energy indicates that most is sent directly to the grid and 15%–25% is used to charge the local battery. AC = alternating current. Source: Evaluating Utility-Scale PV-Battery Hybrids in Operational Models for the Bulk Power System
“The approach we present here can be used in any production cost modeling study of PV+battery hybrids as a resource in different power system configurations and services,” Durvasulu said. “This is a critical step toward being able to evaluate the system-level benefits these hybrids can provide, and improving our understanding of how a grid operator might call on and use such systems.”
How Could the Value of Hybrids Evolve Over Time? “Reply Hazy, Try Again.”
The third report in the series brings yet another modeling method to the table: price-taker modeling, which quantifies the value that can be realized by PV+battery systems — and explores how this value varies across multiple dimensions.
In “The Evolving Energy and Capacity Values of Utility-Scale PV-Plus-Battery Hybrid System Architectures,” Schleifer, Murphy, Cole, and Denholm explore how the value of PV+battery hybrids could evolve over time — with highly varied results.
Using a price-taker model with synthetic hourly electricity prices from now to 2050 (based on outputs from the ReEDS and PLEXOS models), NREL simulated the revenue-maximizing dispatch of three PV+battery architectures in three locations. The architectures vary in terms of whether the PV+battery systems have separate inverters or a shared inverter and whether the battery can charge from the grid. The locations vary in terms of the quality of the solar resource and the grid mix, both of which influence the potential value of PV+battery hybrids.
“We found that the highest-value architecture today varies largely based on PV penetration and peak-price periods, including when they occur and how extreme they are,” Schleifer said. “Across all the systems we studied, we found that hybridization could either improve or hurt project economics. And no single architecture was the clear winner — in some cases, you want to take advantage of a shared inverter, and in other cases, separate inverters and grid charging are too valuable to give up.”
The results of this price-taker analysis show that a primary benefit of coupling the studied technologies is reduced costs from shared equipment, materials, labor, and infrastructure. But in the absence of oversizing the PV array, hybridization does not offer more value than separate PV and battery systems. In fact, hybridization can actually reduce value if the systems are not appropriately configured — which means appropriately sizing and coupling the battery and likely oversizing the PV array relative to the inverter or interconnection limit.
Another important finding is that both subcomponents stand to benefit from hybridization. As PV penetration grows, the additional energy and capacity value of a new PV system declines rapidly — but coupling the PV with battery storage helps to maintain the value of PV by allowing it to be shifted to periods where the system can provide greater value. In addition, coupled PV can help increase the total revenue of the battery by displacing grid-charged energy, which typically has non-zero cost.
“As the role of PV+battery hybrids on the bulk power system continues to grow, it will be increasingly important to understand the impact of design parameters on economic performance,” Schleifer said. “Additional analysis is needed to tease out the factors that impact the performance and economics of PV+battery hybrid systems — and give system planners and researchers clearer answers about their possible benefits.”
Working Toward “Without a Doubt:” A Call for Coordination To Resolve the Remaining Unknowns
Looking at this collection of work, one thing is clear: No current model is an accurate Magic 8-Ball for predicting hybrids’ future value — but coordinated efforts to improve our models can bring the research community a step closer to a clear outlook.
And momentum is building: The U.S. Department of Energy (DOE) has convened the DOE Hybrids Task Force — which worked with NREL, Lawrence Berkeley National Laboratory, and seven other national laboratories to develop the recently released Hybrid Energy Systems: Opportunities for Coordinated Research, which highlights innovative opportunities to spur joint research on hybrid energy systems in three research areas. That effort touches on the PV+battery hybrids described in this article, and it also considers additional technology combinations that could have a growing role in the future, including PV+wind, nuclear+electrolysis, and other low-emitting hybrid systems.
“While the power system was originally developed as single-technology plants, and many of our research efforts have been siloed to individual technologies, the DOE Hybrid Task Force represents a step toward collaboration,” Murphy said. “We were able to identify several high-priority research opportunities that span multiple technologies, establish common priorities, and lay a foundation for further dialogue.”
In the days ahead, NREL is uniquely poised to further the validation of hybrid system performance and operation with the Advanced Research on Integrated Energy Systems (ARIES) research platform. ARIES introduces both a physical and a near-real-world virtual emulation environment with high-fidelity, physics-based, real-time models that facilitate the connection between hundreds of real hardware devices and tens of millions of simulated devices.
Integrated energy pathways modernizes our grid to support a broad selection of generation types, encourages consumer participation, and expands our options for transportation electrification.
Ultimately, advancing hybrid systems research at NREL and other national laboratories will require more coordination with industry. The DOE Hybrids Task Force report identified the need for a multistakeholder workshop to take a deep dive into what is motivating different stakeholders to propose and deploy different types of hybrid systems.
“By creating opportunities to directly solicit insights from industry, utility planners, and other stakeholders, we can move toward a deeper understanding of what sources of value are driving industry interest in hybrids,” Murphy said. “Is there inherent value that can only be unlocked through hybridization, or is some of the value embedded in the familiar? By adding storage to variable resources, we can make them look and participate more like the controllable resources we are used to having on the power system.
“Bringing the key players together will help us as researchers to recognize these motivations — some of which we might not currently understand — and close the gap in how to represent them in our models.”
Learn more about NREL’s energy analysis and grid modernization research.
Article courtesy of the NREL, the U.S. Department of Energy
Featured photo by Ramón Salinero on Unsplash

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Environment
China installs the world’s most powerful wind turbine
Published
6 hours agoon
August 29, 2025By
admin

China’s Dongfang Electric has installed a 26-megawatt offshore wind turbine, snatching the title of world’s most powerful from Siemens Gamesa’s 21.5 turbine in Denmark.

The Chinese state-owned manufacturer announced today that it has installed the world’s most powerful wind turbine prototype at a testing and certification base. This turbine, the world’s largest for capacity and size, boasts a blade wheel diameter of more than 310 meters (1,107 feet) and a hub height of 185 meters (607 feet). Dongfang shipped the turbine’s nacelle earlier this month – the world’s heaviest – along with three blades.
This offshore wind turbine is designed for areas with wind speeds of 8 meters per second and above. With average winds of 10 meters per second, just one of these giants can generate 100 GWh of power annually, which is enough to power 55,000 homes. That’s enough to cut standard coal consumption by 30,000 tons and reduce CO2 emissions by 80,000 tons. Dongfang says it’s wind resistant up to 17 (200 km/h) on the extended Beaufort scale.
In May, Dongfang said it had completed static load testing on the turbine’s blades, and the turbine is now undergoing fatigue testing, which could take up to a year before the turbine is fully certified.
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Read more: Trump just killed all offshore wind zones as US power needs surge

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Environment
John Deere joins the robot revolution with GUSS acquisition
Published
7 hours agoon
August 29, 2025By
admin

The autonomous ag equipment experts behind the GUSS robotic sprayers have been developing their AI tech as part of a JV with John Deere for years — and now, that marriage is official. John Deere has acquired 100% of GUSS, and has big plans to pick up that tech and run with it like a … well, you know.
The latest battery-powered GUSS autonomous sprayer made its debut at the 2024 World Ag Expo show in Tulare, California, last summer, where executives from Deere called it, “the world’s first and only fully electric autonomous herbicide orchard sprayer.”
Since then, interest in automated ag equipment has only grown — fueled not just by rising demand for affordable food and produce, but by a national labor shortage made worse by the Trump Administration’s tough anti-immigration policies as well. It’s specifically those challenges around labor availability, input costs, and crop protection that GUSS and John Deere have been spending millions to address.
“Fully integrating GUSS into the John Deere portfolio is a continuation of our dedication to serving high-value crop customers with advanced, scalable technologies to help them do more with less,” explains Julien Le Vely, director, Production Systems, High Value & Small Acre Crops, at John Deere. “GUSS brings a proven solution to a fast-growing segment of agriculture, and its team has a deep understanding of customer needs in orchards and vineyards. We’re excited to have them fully part of the John Deere team.”
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About GUSS

The GUSS electric sprayer is powered by a Kreisel Battery Pack 63 (KBP63), which has a nominal energy capacity of 63 kWh, enabling the machine to operate for 10-12 continuous hours between overnight (L2) charges.
The GUSS electric sprayers feature the Smart Apply weed detection system that measures chlorophyll in the various plants it encounters, identifying weeds embedded among the crops, and only sprays where weeds are detected. The company claims its weed detecting tech significantly reduces the amount of chemicals being sprayed onto farmers’ crops, resulting in “up to 90% savings” in sprayed material.
John Deere’s deep pockets will support GUSS as it continues to expand its global reach, and help the group to accelerate Smart Apply’s innovation and integration with other John Deere precision agriculture technologies.
“Joining John Deere enables us to tap into their unmatched innovative capabilities in precision agriculture technologies to bring our solutions to more growers around the world,” says Gary Thompson, GUSS’ COO. “Our team is passionate about helping high-value crop growers increase their efficiency and productivity in their operations, and together with John Deere, we will have the ability to have an even greater impact.”
GUSS-brand autonomous sprayers will be sold and serviced exclusively through John Deere dealers, and the GUSS business will retain its name, branding, employees, and independent manufacturing facility in Kingsburg, California.
More than 250 GUSS machines have been deployed globally, having sprayed more than 2.6 million acres over 500,000 autonomous hours of operation.
Electrek’s Take

Population growth, while slowing, is still very much a thing – and fewer and fewer people seem to be willing to do the work of growing the food that more and more people need to eat and live. This autonomous tech multiplies the efforts of the farmers that do show up for work every day, and the fact that it’s more sustainable from both a fuel perspective and a toxic chemical perspective makes GUSS a winner.
SOURCE I IMAGES: John Deere.

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Environment
Tesla asks court to throw out $243 million verdict in fatal Autopilot crash case
Published
9 hours agoon
August 29, 2025By
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Lawyers for Tesla filed a motion asking a court to throw out a recent $243 million verdict against the company related to a fatal crash in Florida in 2019. The case is the first instance of Tesla being ruled against by a court in an Autopilot liability case – previous cases had ended up settled out of court.
To catch up, the case in question is the $243 million Autopilot wrongful death case which concluded early this month. It was the first actual trial verdict against the company in an Autopilot wrongful death case – not counting previous out-of-court settlements.
The case centered around a 2019 crash of a Model S in Florida, where the driver dropped his phone and while he was picking it up, the Model S drove through a stop sign at a T-intersection, crashing into a parked Chevy Tahoe which then struck two pedestrians, killing one and seriously injuring the other.
Tesla was also caught withholding data in the case, which is not a good look.
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In the end, for the purposes of compensatory damages, the driver was found 67% responsible and Tesla was found 33% responsible. But Tesla was also slapped with $200 million in punitive damages. The plaintiffs reached a settlement with the driver separately.
Tesla said at the time that it planned to appeal the case, and its first move in that respect happened today, with lawyers for Tesla filing a 71-page motion laying out the problems they had with the trial.
In it, Tesla requests either that the previous verdict be thrown out, that the amount of damages be reduced or eliminated, or that the case go to a new trial, based on what Tesla contends were numerous errors of law during the trial.
The table of contents of Tesla’s filing lays out the company’s rough arguments for why it’s requesting the verdict to be thrown out, with Tesla seeming to throw several arguments at the wall to see what sticks:
- I. Tesla Is Entitled to Judgment as a Matter of Law (or at Least a New Trial) on Liability.
- A. The Verdict Is Unsupported by Reliable Expert Evidence.
- B. Plaintiffs’ Design-Defect Theories Fail as a Matter of Law.
- 1. Tesla’s 2019 Model S Was Not Defective.
- 2. McGee Was the Sole Cause of Plaintiffs’ Injuries.
- C. The Failure-to-Warn Claim Fails as a Matter of Law.
- 1. Tesla Had No Duty to Warn.
- 2. Tesla Provided Extensive Warnings.
- 3. The Asserted Failure to Warn Didn’t Cause the Crash.
- D. Tesla Is Entitled to a New Trial If the Record Cannot Sustain the Verdict as to Any Theory on Which the Jury Was Instructed.
- II. Highly Prejudicial Evidentiary Errors Warrant a New Trial on All Issues.
- A. The Improper Admission of Data-Related Evidence Prejudiced Tesla.
- B. The Improper Admission of Elon Musk’s Statements Prejudiced Tesla.
- C. The Improper Admission of Dissimilar Accidents Prejudiced Tesla.
- III. This Court Should Grant Tesla Judgment as a Matter of Law on Punitive Damages or at Least Significantly Reduce Punitive Damages.
- A. Florida Law Prohibits the Imposition of Any Punitive Damages in This Case.
- B. Florida Law Caps Punitive Damages at Three Times the Compensatory Damages Actually Awarded Against Tesla.
- C. The Due Process Clause Limits Punitive Damages Here to No More Than the Net Award of Compensatory Damages.
- 1. Tesla’s Conduct Was Not Reprehensible.
- 2. A Substantial Disparity Exists Between the $200 Million Award of Punitive Damages and the $42.3 Million Award of Compensatory Damages.
- 3. Comparable Civil Penalties Do Not Justify the Punitive-Damages Award.
- IV. This Court Should Reduce the Grossly Excessive Award of Compensatory Damages to No More Than $69 Million.
In short, Tesla blames the driver (who was found 67% liable) fully for the crash, says that the Model S and its Autopilot system were state-of-the-art and not defective because “no car in the world at the time” could have avoided the accident, that it provided proper warnings even though it didn’t need to, that evidence was improperly admitted to prejudice the jury against Tesla, and that the punitive damages are excessive.
After looking through the document, Tesla’s main contention seems to be with the admission of various evidence that it says prejudiced the jury against Tesla.
Indeed, the only exhibit attached to the filing is a transcript of a podcast episode where one of plaintiffs’ experts talks about evidence that Tesla withheld data, which Tesla says should have been inadmissible and prejudiced the jury against it.
The plaintiffs repeatedly asserted that Tesla had deliberately withheld or tried to delete data, which required them to bring in third party experts to discover and examine the data.
Tesla says that the only reason these arguments were brought into court was to make the jury feel like there was a coverup, even though Tesla claims that there was no coverup. By repeatedly mentioning this, Tesla says the jury had a more negative view of the company than was fair.
It also says that Tesla CEO Elon Musk’s statements about Autopilot shouldn’t have been admissible, and that they prejudiced the jury against Tesla. Tesla says that the statements by Musk shown at the trial were irrelevant to plaintiffs’ case, exceeded the limits the court had set on which statements would be admissible, and that the admission of these statements “would disincentivize companies from making visionary projections about anticipated technological breakthroughs.”
You can read through the full filing here.
Update: After this story was published, plaintiffs’ attorneys reached out with their own statement
“This motion is the latest example of Tesla and Musk’s complete disregard for the human cost of their defective technology. The jury heard all the facts and came to the right conclusion that this was a case of shared responsibility, but that does not discount the integral role Autopilot and the company’s misrepresentations of its capabilities played in the crash that killed Naibel and permanently injured Dillon. We are confident the court will uphold this verdict, which serves not as an indictment of the autonomous vehicle industry, but of Tesla’s reckless and unsafe development and deployment of its Autopilot system.”
–Brett Schreiber of Singleton Schreiber, lead trial counsel for plaintiffs Dillon Angulo & Naibel Benavides.
Electrek’s Take
Reading through the filing is persuasive at first, but remember that this is only one side of the story – and Tesla is well-known for never budging an inch in legal or reputational matters. (Update: for a quick reaction from “the other side,” see the statement by plaintiffs’ attorneys directly above).
Thinking a little deeper, the filing does rely on a similar “puffery” argument which Tesla has used before. The idea here is that Musk’s statements should be ignored because he, as the CEO of the company, has an incentive (and well-known tendency) to overstate the capabilities of its vehicles.
Lawyers did not use that exact word here, but they do claim that Musk’s statements are “forward-looking” and “visionary.”
But, for a guy who talks so much that he wasted $44 billion on a $12 billion social media site (twice) so that he could force his words in front of every user every day, denying that his words have an effect is a strange legal argument.
Indeed, Tesla has a history of not doing paid advertisements in traditional media, and has relied on Musk, and specifically Musk’s twitter account, to be the company’s impromptu communications platform. Musk even closed the company’s PR department, instead taking on the full burden of that himself.
So to argue that Musk’s statements shouldn’t be admissible, or that they didn’t set the tone for the organization, is more than a little silly.
While Tesla and Musk did state many times that Autopilot was not full self-driving (although, neither was the feature they marketed under the name, ahem, “Full Self-Driving”), the balance of Musk’s statements describing Tesla’s features definitely could have led a driver to think that the vehicles were more capable than any other vehicle on the road.
This is why it’s strange that Tesla also argues that “no other car” could have stopped in the situation of the crash. If your company is constantly claiming that you have the best, safest, most autonomy-enabled vehicle in the world (including in this filing, where it is referred to as “state of the art”), then who cares whether other cars could have done it or not? We’re talking about your car, not anything else.
Further, Tesla said that admitting these statements will put a chilling effect on every corporation’s ability to project anticipated breakthroughs in tech. To this I say, frankly: good. Enough with the nonsense, lets focus on reality, and lets stop excusing lies as corporate puffery, across all industries.
But this is an example of Tesla trying to have it both ways, to pretend that Musk’s statements are just puffery but also that they are important to breakthroughs and that silencing Musk would harm the company. Yes, it probably would harm Tesla’s outreach – because Musk’s statements are roughly the only source of Tesla’s advertising, which is why they ought to be heard to establish what the public thinks about the capabilities of Teslas.
And while Tesla says that cases like these would “chill” development of safety features if manufacturers are punished for bringing them to market, the punishment here isn’t for bringing the feature to market, it’s for overselling the feature in a way that set public expectations too high. Other features have not received this sort of scrutiny because other features don’t get pumped up daily with ridiculous overstatements by the company’s sole source of advertising.
On the other points, I’m not a lawyer. I’m not up to date on the specific limits to punitive damages in Florida. But on the surface, it seems fair to me that if a company was found to withhold data in an important case, after declining a settlement, that some level of significant punishment is fair.
After all, withholding data in a single non-fatal crash that wasn’t even their fault is what led Cruise to shut down operations everywhere. That may have been an overreaction and would certainly be an overreaction in this case with Tesla, given the driver’s responsibility for the crash. But in this case, the damage done to people (a death) was greater, and the damages Tesla is being told to pay ($243 million) will not lead to a shutdown of the entire company. Especially considering this is the same company that just managed to find tens of billions of dollars to give to a bad CEO.
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