-----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, n89pu9L4bgnyBubPdxMDk1/72+F4kNddh17CJvrfzkmswD2hFv1HU7Si5TMwg+z9 nXcDq/1Eh4rNjvujfPb3mw== 0000201533-95-000015.txt : 19950515 0000201533-95-000015.hdr.sgml : 19950515 ACCESSION NUMBER: 0000201533-95-000015 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19950202 ITEM INFORMATION: Other events FILED AS OF DATE: 19950214 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSUMERS POWER CO CENTRAL INDEX KEY: 0000201533 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [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: 95510924 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: ELECTRIC & OTHER SERVICES COMBINED [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: 95510967 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. MCV DEVELOPMENTS 1 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) February 2, 1995 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. Recent Developments Relating to the Midland Cogeneration Venture Limited Partnership ("MCV") As discussed in PART II. OTHER INFORMATION. Item 1. Legal Proceedings and Note 2 to the Consolidated Financial Statements in the Forms 10-Q for the Quarter ended September 30, 1994 of CMS Energy Corporation ("CMS Energy") and its wholly owned subsidiary, Consumers Power Company ("Consumers"), on March 4, 1994 a lawsuit was filed in federal district court for the southern district of New York against CMS Energy, Consumers and CMS Midland Holdings Company (the "CMS Companies"). The lawsuit was filed by the institutional investors who, along with a partnership in which CMS Midland Holdings Company (a subsidiary of Consumers) is a partner, are the lessors of the MCV Facility (the "Owner Participants"). The action alleged compensatory and punitive damages in excess of $1 billion and sought injunctive relief relative to Consumers' payments of fixed energy charges to the MCV. On February 8, 1995, the Owner Participants filed a notice of dismissal of this lawsuit. Since the lawsuit had not progressed beyond a preliminary stage, no court action will be required for dismissal of this suit. The CMS Companies will voluntarily dismiss the lawsuit that had been initiated by them on March 28, 1994 in Midland County, Michigan in response to the Owner Participants' lawsuit in New York. The dismissals are without prejudice and the parties have agreed that the dismissals will be without costs or attorney fees, each side bearing their own. A separate suit filed by CMS Midland Holdings Company ("CMS Holdings") against its partners in First Midland Limited Partnership (the partnership that is one of the lessors of the MCV Facility) to obtain a refund of tax indemnity payments owed to CMS Holdings by the other partners was decided in favor of CMS Holdings. The remaining amounts of the $8 million originally in dispute have been paid and an order terminating the case was entered February 2, 1995. 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: February 14, 1995 By: /s/ Thomas A. McNish Thomas A. McNish Vice President and Secretary CONSUMERS POWER COMPANY Dated: February 14, 1995 By: /s/ Thomas A. McNish Thomas A. McNish Vice President and Secretary -----END PRIVACY-ENHANCED MESSAGE-----