UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) May 27, 2010
| |
|
|
|
|
|
Commission
File Number
|
|
Registrant; State of Incorporation;
Address; and Telephone Number
|
|
IRS Employer
Identification No. |
|
|
|
|
|
|
| |
|
|
|
|
| 1-9513
|
|
CMS ENERGY CORPORATION
|
|
38-2726431 |
|
|
|
(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550 |
|
|
| |
|
|
|
|
| 1-5611
|
|
CONSUMERS ENERGY COMPANY |
|
38-0442310 |
|
|
|
(A Michigan Corporation)
One Energy Plaza
Jackson, Michigan 49201
(517) 788-0550
|
|
|
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy
the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item 7.01. Regulation FD Disclosure.
On May 27, 2010, Consumers Energy Company (“Consumers Energy”), the principal subsidiary of CMS
Energy Corporation (“CMS Energy”), announced that it is deferring the development of the
830-megawatt clean coal power plant that it planned to have in operation in 2017, because of
reduced customer demand for electricity due to the recession, forecasted lower natural gas prices
due to recent developments in shale gas recovery technology, and projected surplus generating
capacity in the Midwest market.
A CMS Energy News Release making this announcement is attached as Exhibit 99.1.
CMS Energy will provide an update on Consumers Energy’s Balanced Energy Initiative on Thursday, May
27, 2010, scheduled to begin at 9 a.m. EDT. A copy of the CMS Energy presentation is furnished as
Exhibit 99.2 to this report. A webcast of the presentation will be available on the CMS Energy
website, www.cmsenergy.com.
In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on
Form 8-K, including Exhibits 99.1 and 99.2, shall not be deemed “filed” for the purposes of Section
18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of
that section, nor shall it be deemed incorporated by reference in any filing under the Securities
Act of 1933, as amended, except as shall be expressly set forth in such a filing.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
99.1 CMS Energy News Release dated May 27, 2010
99.2 CMS Energy presentation dated May 27, 2010
This Form 8-K contains “forward-looking statements” as defined in Rule 3b-6 of the Securities
Exchange Act of 1934, as amended, Rule 175 of the Securities Act of 1933, as amended, and relevant
legal decisions. The forward-looking statements are subject to risks and uncertainties. They should
be read in conjunction with “FORWARD-LOOKING STATEMENTS AND INFORMATION” and “RISK FACTORS”
sections of CMS Energy Corporation’s (“CMS Energy”) Form 10-K and Consumers Energy Company’s
(“Consumers Energy”) Form 10-K each for the Year Ended December 31, 2009 and as updated in CMS
Energy’s and Consumers Energy’s Forms 10-Q for the Quarter Ended March 31, 2010. CMS Energy’s and
Consumers Energy’s “FORWARD-LOOKING STATEMENTS AND INFORMATION” and “RISK FACTORS” sections are
incorporated herein by reference and discuss important factors that could cause CMS Energy’s and
Consumers Energy’s results to differ materially from those anticipated in such statements.