-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, U1yXz8dPpYa6/w0KR08Asq3ubEo85DRJ//kx85Gpr7p8WTjnS8QWXhc8jwmy4Aq2 XDgshlVf0uL0sU8bxSF3AA== /in/edgar/work/20000606/0000950124-00-003596/0000950124-00-003596.txt : 20000919 0000950124-00-003596.hdr.sgml : 20000919 ACCESSION NUMBER: 0000950124-00-003596 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20000603 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 20000606 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSUMERS ENERGY 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: SEC FILE NUMBER: 001-05611 FILM NUMBER: 649503 BUSINESS ADDRESS: STREET 1: 212 W MICHIGAN AVE CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 5177881030 MAIL ADDRESS: STREET 1: 212 W MICHIGAN AVE STREET 2: M 946 CITY: JACKSON STATE: MI ZIP: 49201 FORMER COMPANY: FORMER CONFORMED NAME: CONSUMERS POWER CO DATE OF NAME CHANGE: 19920703 8-K 1 0001.txt FORM 8-K 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) JUNE 3, 2000 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 ENERGY COMPANY 38-0442310 (A MICHIGAN CORPORATION) 212 WEST MICHIGAN AVENUE JACKSON, MICHIGAN (517) 788-1030 ================================================================================ 2 ITEM 5. OTHER EVENTS. On June 3 and June 5, 2000, Consumers Energy Company and its parent CMS Energy Corporation, respectively, issued press releases on the June 3, 2000 enactment of electric restructuring legislation in Michigan. Copies of the Companies' press releases announcing these developments are filed as exhibits to this report. The Michigan Legislature's website, at www.MichiganLegislature.org contains further information about the new electric restructuring legislation. The complete text of the legislation on electric restructuring and securitization of stranded costs is found in Substitute for Senate Bill Numbers 937 and 1253. The press releases contain "forward-looking statements" that are subject to risks and uncertainties. The words "anticipates", "believes", "estimates", "intends", and "plans" and variations of such words and similar expressions are intended to identify forward-looking statements. They should be read in conjunction with the "Forward-Looking Statement Cautionary Factors" in CMS Energy's and Consumers' Form 10-K, Item 1 (incorporated by reference herein) that discusses important factors that could cause CMS Energy's and Consumers' results to differ materially from those anticipated in such statements. ITEM 7. EXHIBITS (99)(a) Consumers Energy press release dated June 3, 2000 relating to the electric restructuring legislation in Michigan. (99)(b) CMS Energy press release dated June 5, 2000 relating to the electric restructuring legislation in Michigan. 3 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: June 5, 2000 By: /s/ Alan M. Wright ---------------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer CONSUMERS ENERGY COMPANY Dated: June 5, 2000 By: /s/ Alan M. Wright ---------------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer 4 INDEX TO EXHIBITS EXHIBIT NO. DESCRIPTION - ----------- ----------- (99)(a) - Consumers Energy press release dated June 3, 2000 relating to the electric restructuring legislation in Michigan. (99)(b) - CMS Energy press release dated June 5, 2000 relating to the electric restructuring legislation in Michigan. EX-99.(A) 2 0002.txt CONSUMERS ENERGY PRESS RELEASE 1 EXHIBIT (99)(a) MACKINAC ISLAND, Mich., June 3, 2000 -- Consumers Energy commended Governor John Engler, Senator Mat Dunaskiss, Representative Mary Ann Middaugh and members of the Legislature today for their leadership in the development and passage of electric restructuring legislation for Michigan. "The diligent work of the Governor and both Republicans and Democrats in the Legislature provides choice for those who want it and protection for those who don't," said John W. Clark, senior vice president of Consumers Energy. Clark represented the utility at today's historic bill signing on Mackinac Island. The legislation signed into law today will give an immediate five-percent rate reduction to every residential electric customer served by Consumers Energy. The cut will be followed by a rate cap that will last at least until December 31, 2005. Rates for large commercial and industrial electric customers will be capped at current levels through 2003, and rates for small business customers will be capped at current levels through 2004. "In 1995, Governor Engler asked Consumers Energy, Detroit Edison and Michigan businesses to work with the Michigan Jobs Commission and the Michigan Public Service Commission (MPSC) to develop an electric utility restructuring plan. After five years of hard work, a plan has been put into law that will result in equitable treatment for our customers, shareholders and employees. It will serve the state very well," said David W. Joos, president and CEO - Electric, of Consumers Energy. Consumers Energy has already begun a voluntary electric customer choice program that is giving increasing numbers of customers the opportunity to choose their power supplier. By 2002, all of the utility's 1.6 million electric customers will have the ability to choose their supplier. The legislation signed into law today formalizes the MPSC's authority over customer choice programs. It also gives legal certainty to developers planning new generating plants in Michigan. "Michigan has long needed the certainty of law to support the development of new power supplies for our homes and businesses," said Joos. 2 Consumers Energy, the principal subsidiary of CMS Energy Corporation, is Michigan's largest utility providing natural gas and electricity to more than six million of the state's nine and one-half million residents in all 68 Lower Peninsula counties. # # # June 3, 2000 For more information about Consumers Energy, visit our Website at www.consumersenergy.com EX-99.(B) 3 0003.txt CMS ENERGY PRESS RELEASE 1 EXHIBIT (99)(b) ENACTMENT OF MICHIGAN ELECTRIC RESTRUCTURING LEGISLATION REMOVES UNCERTAINTIES FOR CMS ENERGY CORPORATION DEARBORN, Mich., June 5, 2000 - Enactment of electric restructuring legislation in Michigan over the past weekend removes major financial uncertainties and is a significant, positive development for Consumers Energy, the principal subsidiary of CMS Energy Corporation (CMS:NYSE), said CMS Energy Chairman and Chief Executive Officer William T. McCormick, Jr. Michigan Governor John Engler signed the package of bills into law on Saturday, June 3, one month after his call for a restructuring bill. "Legislative action on electric restructuring sweeps away substantial regulatory uncertainty that had been facing Consumers Energy since this debate began four and one-half years ago, in late 1995", said McCormick. He noted that the legislation includes several substantial benefits to the company: * Full recovery of stranded costs; * Pending rate proceedings are superseded by a five percent residential rate cut, the costs of which are likely to be fully offset by securitization benefits; * Rate complaint previously filed by the industrial group ABATE is addressed by rate cut and cap provisions in the bills; * A market power test in the legislation will allow the company to build additional needed generating capacity in Michigan and does not require divestiture of power generation assets; * The legislation provides for customer choice along with increased regulatory certainty for the future of the utility business in the state. 2 CMS Energy Corporation has annual sales of more than $6 billion and assets of about $15 billion throughout the U.S. and around the world with businesses in electric and natural gas utility operations; independent power production; natural gas pipelines, gathering, processing and storage; oil and gas exploration and production; and energy marketing, services and trading. # # # For more information on CMS Energy, please visit our website at: www.cmsenergy. com/ Media Contacts: Kelly M. Farr, 313/436-9253 or John P. Barnett, 713/989-7556 Investments Analyst Contact: CMS Energy Investor Relations, 517/788-2590 -----END PRIVACY-ENHANCED MESSAGE-----