Guest Column

Houston expert: How to make the EV switch while factoring in impact, cost

Very often, EVs drive like new even if they’ve clocked up the miles, writes this Houston expert. Photo via Unsplash

Americans are in the midst of getting to know electric cars up close and personal. The finer points of charging and battery technology are now becoming mainstream news.

However, there’s a secret about electric vehicles (EVs) that very few people know, because very few people have driven an electric car with 50,000 or 100,000 miles on it. Very often, EVs drive like new even if they’ve clocked up the miles. No rattles and no shakes, and importantly there is no loss of efficiency, unlike gas cars which tend to lose fuel efficiency as they age. Most strikingly, battery degradation and loss of range is often minimal — even after the odometer hits 6 digits.

What does this mean? At a time when car payments, repair costs and gas prices are all weighing on consumer wallets, we are about to enter an era when it will get easier than ever before for Americans to find a great driving, longer lasting car that saves on fuel costs and needs less maintenance.

This represents an amazing source of value for American drivers to be tapped into - plus even more positive changes for the auto sector, and the potential for new business models.

Narratives about EVs have focused on fears about battery degradation and today’s models becoming dated as technology rapidly advances. The fact that we are all habituated to replacing smartphone batteries that fade within 2 to 3 years doesn’t help.

Auto manufacturers have put 100,000 mile warranties on batteries, but this may have created the perception that this is a ceiling, rather than a floor, for what can be expected from an EV battery.

EV batteries are performing much better than your last smartphone battery. We know this with growing certainty because it’s backed up by evidence. Data reveals that older Teslas average only 12 percent loss of original range at 200,000 miles — double the warranty period.

Furthermore, battery advances are happening at an encouraging pace. You can expect that newer batteries will start with higher ranges and degrade even more slowly. And even after they do, the value shorter range will increase as charging infrastructure matures.

In other words, a 2024 Volkswagen ID.4 with 291 miles of range may be down to 260 miles by the time it has put on 100,000 miles. But in the 5 to 7 years that typically takes, the buildout of charging stations means that range will have much more utility than today.

So in sum, electric vehicles can be expected to last longer with lower maintenance. Over-the-air software upgrades, and perhaps even computing hardware upgrades, will keep them feeling modern. Charging infrastructure will improve much faster than range will degrade. And crucially for the value of these cars, the drive quality will remain great much further into product lifetime.

The trend for driving older cars is already here – the average age of a car on US roads is 12 years old and rising. But now this will shift towards better quality, plus fuel savings, for more people.

New business models and services will help customers take advantage — especially those customers for whom lower cost EVs will represent a step up and savings on the cost of living.

At Houston-based Octopus Electric Vehicles, we are doing this today with something virtually unheard of: leasing pre-owned cars. With electric cars that are 1 to 4 years old, with clean histories and in excellent cosmetic and mechanical condition but depreciated relative to new EV prices, we are frequently able to offer discounts of 30 percent or more, even against heavily incentivized lease offers from automakers. And, because EV maintenance needs are lower, we can throw in free scheduled maintenance with our monthly payment, delivered by a mobile mechanic service.

The secret value of higher-mileage EVs won’t stay secret for long. There’s no replacing first hand experience, and you can probably get that the next time you order an Uber or Lyft by choosing their EV ride options. Before your ride is up, try to guess what’s on the odometer. You may be surprised to hear from your driver that the car you thought was brand new has 50,000 or 100,000 miles on it.

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Nathan Wyeth is the United States co-lead at Octopus Electric Vehicles.

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A View From HETI

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information. Photo via cdn.britannica.com

For a second time, a Delaware judge has nullified a pay package that Tesla had awarded its CEO, Elon Musk, that once was valued at $56 billion.

Last week, Chancellor Kathaleen St. Jude McCormick turned aside a request from Musk's lawyers to reverse a ruling she announced in January that had thrown out the compensation plan. The judge ruled then that Musk effectively controlled Tesla's board and had engineered the outsize pay package during sham negotiations.

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information.

In their defense, Tesla's board members asserted that the shareholders who ratified the pay plan a second time in June had done so after receiving full disclosures, thereby curing all the problems the judge had cited in her January ruling. As a result, they argued, Musk deserved the pay package for having raised Tesla's market value by billions of dollars.

McCormick rejected that argument. In her 103-page opinion, she ruled that under Delaware law, Tesla's lawyers had no grounds to reverse her January ruling “based on evidence they created after trial.”

What will Musk and Tesla do now?

On Monday night, Tesla posted on X, the social media platform owned by Musk, that the company will appeal. The appeal would be filed with the Delaware Supreme Court, the only state appellate court Tesla can pursue. Experts say a ruling would likely come in less than a year.

“The ruling, if not overturned, means that judges and plaintiffs' lawyers run Delaware companies rather than their rightful owners — the shareholders,” Tesla argued.

Later, on X, Musk unleashed a blistering attack on the judge, asserting that McCormick is “a radical far left activist cosplaying as a judge.”

What do experts say about the case?

Legal authorities generally suggest that McCormick’s ruling was sound and followed the law. Charles Elson, founding director of the Weinberg Center for Corporate Governance at the University of Delaware, said that in his view, McCormick was right to rule that after Tesla lost its case in the original trial, it created improper new evidence by asking shareholders to ratify the pay package a second time.

Had she allowed such a claim, he said, it would cause a major shift in Delaware’s laws against conflicts of interest given the unusually close relationship between Musk and Tesla’s board.

“Delaware protects investors — that’s what she did,” said Elson, who has followed the court for more than three decades. “Just because you’re a ‘superstar CEO’ doesn’t put you in a separate category.”

Elson said he thinks investors would be reluctant to put money into Delaware companies if there were exceptions to the law for “special people.”

What will the Delaware Supreme Court do?

Elson said that in his opinion, the court is likely to uphold McCormick's ruling.

Can Tesla appeal to federal courts?

Experts say no. Rulings on state laws are normally left to state courts. Brian Dunn, program director for the Institute of Compensation Studies at Cornell University, said it's been his experience that Tesla has no choice but to stay in the Delaware courts for this compensation package.

Tesla has moved its legal headquarters to Texas. Does that matter?

The company could try to reconstitute the pay package and seek approval in Texas, where it may expect more friendlier judges. But Dunn, who has spent 40 years as an executive compensation consultant, said it's likely that some other shareholder would challenge the award in Texas because it's excessive compared with other CEOs' pay plans.

“If they just want to turn around and deliver him $56 billion, I can't believe somebody wouldn't want to litigate it,” Dunn said. “It's an unconscionable amount of money.”

Would a new pay package be even larger?

Almost certainly. Tesla stock is trading at 15 times the exercise price of stock options in the current package in Delaware, Morgan Stanley analyst Adam Jonas wrote in a note to investors. Tesla's share price has doubled in the past six months, Jonas wrote. At Monday’s closing stock price, the Musk package is now worth $101.4 billion, according to Equilar, an executive data firm.

And Musk has asked for a subsequent pay package that would give him 25 percent of Tesla's voting shares. Musk has said he is uncomfortable moving further into artificial intelligence with the company if he doesn't have 25 percent control. He currently holds about 13 percent of Tesla's outstanding shares.

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