The Niagara Falls Review

Musk tweeting on Tesla production raises questions on SEC deal

Post in question concerns company’s solar roof, which the CEO first unveiled in late 2016

- CRAIG TRUDELL AND BRIAN ECKHOUSE

Elon Musk tweeted a Tesla production number that the company hadn’t communicat­ed previously, presenting the first test case of whether his April settlement with securities regulators has made him more discipline­d on social media.

The post in question concerns Tesla’s solar roof, which Musk first unveiled in late 2016 and has struggled to mass-produce.

When asked by a follower for an update on the product, the chief executive officer replied Monday that he was hoping the company would manufactur­e about 1,000 roofs a week by the end of the year.

The tweet appears to fall under the scope of Musk’s amended accord with the U.S. Securities and Exchange Commission. Under the agreement, Musk must get pre-approval from a Tesla securities lawyer before posting production figures that haven’t been disseminat­ed before.

Neither Tesla nor Musk previously issued a projection for how many roofs the company will produce by the end of this year.

Representa­tives for Tesla didn’t immediatel­y respond when asked whether Musk obtained pre-approval before sending his tweet.

Judy Burns, an SEC spokespers­on, declined to comment.

Musk reached the revised deal with the SEC after the agency claimed he was in contempt of a settlement stemming from allegedly fraudulent tweets sent almost a year ago about taking Tesla private.

Without running a post by Tesla counsel ahead of time, the CEO tweeted in February that the company would make half a million cars in 2019.

He drafted a clarifying followup tweet hours later, with the help of a lawyer.

Tesla didn’t mention the solar roof product in its second-quarter investor letter last week, and executives didn’t broach it on the ensuing earnings call.

While the company did say in a filing Monday that it’s working on design iterations and testing to improve its manufactur­ing capabiliti­es, it didn’t provide a production forecast.

Producing 1,000 roofs a week would be a massive increase for the company.

At one point in 2018, it was making enough shingles to cover three to five homes a week, two former employees said.

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