8-K 1 k81306e8vk.txt CURRENT REPORT =============================================================================== 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) NOVEMBER 25, 2003 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) ONE ENERGY PLAZA JACKSON, MICHIGAN 49201 (517) 788-0550 1-5611 CONSUMERS ENERGY COMPANY 38-0442310 (A MICHIGAN CORPORATION) ONE ENERGY PLAZA JACKSON, MICHIGAN 49201 (517) 788-0550 ITEM 5. OTHER EVENTS On November 25, 2003, CMS Energy Corporation ("CMS Energy") issued a news release announcing that it has reached a settlement agreement with the Commodity Futures Trading Commission ("CFTC") on a previously disclosed matter regarding the inaccurate reporting of natural gas trading information to energy industry publications. Copies of the news release and the CFTC Order are attached as exhibits hereto. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS (c) EXHIBITS (99)(a). CMS Energy's News Release dated November 25, 2003 (99)(b). CFTC Order dated November 25, 2003 This Form 8-K and the News Release contain "forward-looking statements", within the meaning of the safe harbor provisions of the federal securities laws. The "forward-looking statements" are subject to risks and uncertainties. They should be read in conjunction with the "CMS ENERGY FORWARD-LOOKING STATEMENTS, CAUTIONARY FACTORS AND UNCERTAINTIES" found in Item 1 of CMS Energy's Form 10-K/A filed on July 1, 2003 for the Fiscal Year Ended December 31, 2002, incorporated herein by reference, that discusses important factors that could cause CMS Energy's results to differ materially from those anticipated in such statements. SIGNATURE 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: November 26, 2003 By: /s/ Thomas J. Webb ---------------------------- Thomas J. Webb Executive Vice President and Chief Financial Officer CONSUMERS ENERGY CORPORATION Dated: November 26, 2003 By: /s/ Thomas J. Webb ---------------------------- Thomas J. Webb Executive Vice President and Chief Financial Officer EXHIBIT INDEX Ex-99(a) - CMS Energy's News Release dated November 25, 2003 Ex-99(b) - CFTC Order dated November 25, 2003