-----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, es4uAYOcw9MNT/PMSLLk/KC+1n/g62kJsAh+gL71hVLjmud0tE0/yCSWwvRq4e4g o17ZKNsAFvHSHo3g/bZCkw== 0000201533-94-000066.txt : 19941010 0000201533-94-000066.hdr.sgml : 19941010 ACCESSION NUMBER: 0000201533-94-000066 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19941005 ITEM INFORMATION: Other events FILED AS OF DATE: 19941007 SROS: NYSE 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: 94552095 BUSINESS ADDRESS: STREET 1: 212 W MICHIGAN AVE CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 5177881030 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: 94552096 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 8-K 1 ITEM 5. LUDINGTON PUMPED STORAGE PLANT - -------------------------------------------------------------------------- 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) October 5, 1994 Commission Registrant; State of IRS Employer File Number Incorporation; Address; Identification No and Telephone Number - ----------- ----------------------- ------------------ 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. Ludington Pumped Storage Plant As is discussed in ITEM 3. LEGAL PROCEEDINGS and Note 12 to the Consolidated Financial Statements in the Annual Reports on Form 10-K for the year ended December 31, 1993 of CMS Energy Corporation and its wholly- owned subsidiary, Consumers Power Company ("Consumers"), in September 1986 the Attorney General filed a lawsuit against Consumers and Detroit Edison seeking $148 million in past damages and $89,000 per day for future damages for alleged injuries to fishing resources due to the operation of the jointly owned Ludington Pumped Storage Plant. The Attorney General filed a second lawsuit in 1987 which sought to have the plant's bottom lands lease agreement with the State declared void. On October 5, 1994, an agreement was reached between Consumers, Detroit Edison, the Attorney General, the DNR and other parties to settle these lawsuits. The settlement covers the continued operation of the plant with the use of a fish barrier net through the term of the plant's license, which expires in the year 2019. Consumers and Detroit Edison have agreed to pay for certain unavoidable fish loss, to establish a fishery trust fund, to pay for certain recreational enhancement projects, and to convey certain lands to the state. Consumers' share of the cost of the settlement, which is to be recovered from its electric customers, is spread over a 24-year period consisting of approximately $3 million annually for the first 10 years and $1.5 million annually thereafter. The agreement is subject to approval by the MPSC, which must approve the recovery from its electric customers of all Consumers' costs, and by the FERC. 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: October 7, 1994 By: /s/ A M Wright ------------------------------- Alan M. Wright Senior Vice President, Chief Financial Officer and Treasurer CONSUMERS POWER COMPANY Dated: October 7, 1994 By: /s/ A M Wright ------------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----