having trouble with TCC lock-up when in closed loop after a cold start-only over night.

It seems that TCC does engage at 35 mph but not at constant freeway speeds.
I have been restarting in neutral on freeway or at stop light before i get on freeway and condition goes away for the rest of the day.
The problem is non existent when the outside ambient air is above 40*

when doing checks in field service mode the car is in closed loop; is mostly running rich off highway and 50/50 on highway at constant speeds.
Did some basic electrical tests inside the car and the signals and switching actions tests fine sitting but car already was warm

There are no DTC's set.
L03 4l60 non electronic