Installing Ubuntu 23.10 beta with HW based TPM prevents firmware-updater snap from installing

[superm1]

What happened?

I installed Ubuntu 23.10 beta three times on the same machine. I wiped the disk each time.

1. With TPM based FDE.
2. Without TPM based FDE.
3. With TPM base FDE.

After install completed the installs that have TPM based FDE didn't have the firmware-updater snap installed.
The install without TPM based FDE did have the firmware-updater snap installed.

What was expected?

The installs with TPM based FDE should also have firmware-updater snap installed.

Steps to reproduce

1. Enable secure boot
2. Clear TPM in BIOS
3. Boot 23.10 beta live key
4. Select advanced and enable TPM FDE
5. Finish install
6. try running firmware-updater in first boot
7. observe snap isn't installed

Additional context

Here are all the logs from /var/log/installer after install is completed.
tpm_fde.tar.gz

[superm1]

CC @d-loose and @valentindavid