-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, XF+l7oNM9QlmRemxmLdMq+C/pYAKUaBHrIv+epnWLO57okCwR2fPYWCLWT8jJOIp 1e0KBA+07Kq/TuFPLh481Q== 0000201533-94-000050.txt : 19940823 0000201533-94-000050.hdr.sgml : 19940823 ACCESSION NUMBER: 0000201533-94-000050 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19940818 ITEM INFORMATION: Other events FILED AS OF DATE: 19940822 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CMS ENERGY CORP CENTRAL INDEX KEY: 0000811156 STANDARD INDUSTRIAL CLASSIFICATION: 4931 IRS NUMBER: 382726431 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09513 FILM NUMBER: 94545374 BUSINESS ADDRESS: STREET 1: FAIRLANE PLZ SOUTH STE 1100 STREET 2: 330 TOWN CENTER DR CITY: DEARBORN STATE: MI ZIP: 48126 BUSINESS PHONE: 3134369261 MAIL ADDRESS: STREET 1: FAIRLANE PLAZA SOUTH, SUITE 1100 STREET 2: 330 TOWN CENTER DRIVE CITY: DEARBORN STATE: MI ZIP: 48126 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSUMERS POWER CO CENTRAL INDEX KEY: 0000201533 STANDARD INDUSTRIAL CLASSIFICATION: 4931 IRS NUMBER: 380442310 STATE OF INCORPORATION: MI FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-05611 FILM NUMBER: 94545375 BUSINESS ADDRESS: STREET 1: 212 W MICHIGAN AVE CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 5177881030 8-K 1 ITEM 5. ELECTRIC RATE CASE PROCEEDINGS - -------------------------------------------------------------------------- FORM 8-K CURRENT REPORT SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported) August 18, 1994 Commission Registrant; State of Incorporation; IRS Employer File Number Address; and Telephone Number Identification No 1-9513 CMS ENERGY CORPORATION 38-2726431 (A Michigan Corporation) Fairlane Plaza South, Suite 1100 330 Town Center Drive Dearborn, Michigan 48126 (313) 436-9261 1-5611 CONSUMERS POWER COMPANY 38-0442310 (A Michigan Corporation) 212 West Michigan Avenue Jackson, Michigan 49201 (517) 788-1030 - -------------------------------------------------------------------------- ITEM 5. OTHER EVENTS. Electric Rate Case Proceedings As is discussed in ITEM 3. LEGAL PROCEEDINGS and Note 4 to the Consolidated Financial Statements in the Annual Reports on Form 10-K for the year ended December 31, 1993 and in PART II. OTHER INFORMATION. Item 1. Legal Proceedings and Note 3 to the Consolidated Financial Statements in the Quarterly Reports on Form 10-Q for the quarterly period ended June 30, 1994 of CMS Energy Corporation and its wholly-owned subsidiary, Consumers Power Company ("Consumers"), on May 10, 1994, the Michigan Public Service Commission (the "MPSC") issued an order granting Consumers a $58 million annual increase in its retail electric rates effective May 11, 1994. The order provided Consumers with higher revenues associated with increased expenditures primarily related to capital additions, operation and maintenance, higher depreciation and postretirement benefits computed under SFAS 106, Employers' Accounting for Postretirement Benefits Other than Pensions ("SFAS 106"), and the continuation of certain demand-side management ("DSM") programs at reduced levels. On June 9, 1994, Consumers filed a petition for rehearing and clarification of this order. The petition requested reconsideration of certain issues including an incremental revenue requirement of $26 million for 1995, the level of rate cross-subsidization, the level of future DSM expenditures and the calculation of DSM-related incentives and penalties. The Attorney General had also filed a petition for rehearing raising certain issues regarding the mechanics of SFAS 106 cost recovery and other procedural matters. On August 18, 1994, the MPSC issued an order which denied Consumers' and the Attorney General's petitions for rehearing. In doing so, the MPSC, among other things, denied Consumers' request for additional rate relief in 1995. The MPSC also denied Consumers request that the authorized level of DSM spending of $30 million annually for each of the next three years be revised by decreasing the authorized level of DSM spending to a total of $30 million over the next two years and by leaving the level of future DSM investment open for determination in Consumers' annual DSM reconciliation proceedings. The MPSC further clarified that the May 10, 1994 order set out a minimum spending threshold of at least 75% of the funds allocated for DSM and that the failure to meet this threshold would not merely preclude recovery of financial reward, but could also expose Consumers to a penalty in subsequent reconciliation proceedings. However, the MPSC did agree with Consumers that funds committed to specific DSM projects should be considered when computing the actual DSM spending for a given year even though such funds may not have been expended for up to 12 months following the close of the applicable program year. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrants have duly caused this report to be signed on their behalf by the undersigned hereunto duly authorized. CMS ENERGY CORPORATION Dated: August 22, 1994 By: /s/ A M Wright --------------------- Alan M. Wright Senior Vice President, Chief Financial Officer and Treasurer CONSUMERS POWER COMPANY Dated: August 22, 1994 By: /s/ A M Wright --------------------- Alan M. Wright Senior Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----