Tesla's argument is that the "Goodwill agreement" has nothing to do with preventing reporting from the NHTSA and the fact that a customer who signed did report the issue to the NHTSA is evidence of that. There is nothing about the NHTSA in it. Read their
blog post. Their argument is pretty clear.
Look at it this way - why and how could Tesla prevent a consumer from reporting a safety concern to the NHTSA? What would they do - sue the person for violating the "goodwill agreement"? If they did that, how would THAT look to the NHTSA?
It's analogous to this: I just signed an updated employment contract with the hospital who employs me. There was a long section in it that I had to initial about internal dispute resolution process, binding arbitration, etc. that specifically prevents me from suing them and says I give up my right to have a dispute settled by a court, etc That does not prevent me from going to the State Medical board if I have a concern about the hospital.
Look - the "goodwill agreement" could be interpreted a number of ways and the those with an axe to grind with Tesla will have their interpretation which Tesla obviously disagrees with. Big deal. Tesla and the NHTSA will obviously come to some agreement about the future wording.
That whole issue is a red herring IMO - another mole hill for those grinding axes.
The more important question is whether there is a real safety issue here. From what I've read so far there is no evidence of that but the NHTSA will do their job and determine if there is. Tesla is not impeding that process - they are cooperating with it. If necessary a recall will be done. Again - just par for the course in the auto industry - mole hills and panty knots notwithstanding.
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