-----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, G8xi+IDv+0djPqq63bA+1ZYZkyE060xKEJCNslWcdSWBNULZg1vnEBgbwuSccIsX +7k9ga85vYmiJNt+4nKeyw== /in/edgar/work/0000950124-00-005867/0000950124-00-005867.txt : 20001003 0000950124-00-005867.hdr.sgml : 20001003 ACCESSION NUMBER: 0000950124-00-005867 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20001002 ITEM INFORMATION: ITEM INFORMATION: FILED AS OF DATE: 20001002 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: SEC FILE NUMBER: 001-09513 FILM NUMBER: 733219 BUSINESS ADDRESS: STREET 1: FAIRLANE PLZ S 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 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: 733220 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 k57741e8-k.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) OCTOBER 2, 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 October 2, 2000, CMS Energy Corporation announced a financial plan to strengthen its balance sheet while maintaining its forecasted earnings per share for 2001. The Company intends to execute an initial public offering (IPO) of up to 50 percent of its ownership in its oil and gas exploration and production subsidiary, CMS Oil & Gas Company, in the first quarter of 2001. The anticipated proceeds will be used to reduce Company debt and will supplement the $1.4 billion asset sale program currently underway, of which almost $900 million is completed. In addition, the Company intends to accelerate the issuance of $300 million of CMS Energy common stock which had been planned for mid-year 2001. In March 1999, Consumers Energy Company, a Company subsidiary, signed a long-term power sales agreement to resell to PECO Energy Company its capacity and energy purchases under the Power Purchase Agreement (PPA) between Consumers and the Midland Cogeneration Venture Partnership until September 2007. Implementation of the agreement was contingent upon regulatory treatment satisfactory to Consumers. Since March 1999, Consumers engaged in proceedings before the Michigan Public Service Commission (MPSC) to secure satisfactory accounting and ratemaking approvals related to the PECO agreement. The last in a series of MPSC orders was issued in August 2000 refusing to grant Consumers' request. Consumers recently gave notice to PECO of its intention to terminate this long-term agreement at the end of the year as contemplated under the terms of the agreement. Due to uncertainties associated with electric industry restructuring legislation in Michigan, Consumers and PECO had entered into an interim arrangement for the sale of 125 MW of PPA capacity and associated energy to PECO during 2000. The completion of the interim arrangement will not effect the termination of the long-term agreement. This document is neither an offer to sell nor an offer to buy any of these securities. The offer is made only by a prospectus. This document contains "forward-looking statements" that are subject to risks and uncertainties. The words "anticipates", "believes", "estimates", "expects", "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 "Forward-Looking Statements 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. 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: October 2, 2000 By: /s/ Alan M. Wright -------------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer CONSUMERS ENERGY COMPANY Dated: October 2, 2000 By: /s/ Alan M. Wright -------------------------------- Alan M. Wright Senior Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----