-----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, QymrWo8EafXz41F2gTGA4hbupw5xGe+OsEs/RCLDKlJRRn6faeTErEaVLIV6Ju2a qvcQbaAZXRoHGrQC3REY2Q== 0001299933-05-006815.txt : 20051223 0001299933-05-006815.hdr.sgml : 20051223 20051223120241 ACCESSION NUMBER: 0001299933-05-006815 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20051222 ITEM INFORMATION: Other Events FILED AS OF DATE: 20051223 DATE AS OF CHANGE: 20051223 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CONSUMERS ENERGY 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: 051284531 BUSINESS ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 5177881031 MAIL ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: JACKSON STATE: MI ZIP: 49201 FORMER COMPANY: FORMER CONFORMED NAME: CONSUMERS POWER CO DATE OF NAME CHANGE: 19920703 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: 051284530 BUSINESS ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 5177881031 MAIL ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: JACKSON STATE: MI ZIP: 49201 8-K 1 htm_9174.htm LIVE FILING CMS Energy Corporation (Form: 8-K)  

 


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

     
Date of Report (Date of Earliest Event Reported):   December 22, 2005

CMS Energy Corporation
__________________________________________
(Exact name of registrant as specified in its charter)

     
Michigan 001-09513 38-2726431
_____________________
(State or other jurisdiction
_____________
(Commission
______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
One Energy Plaza, Jackson, Michigan   49201
_________________________________
(Address of principal executive offices)
  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   517-788-0550

Not Applicable
______________________________________________
Former name or former address, if changed since last report

 

Consumers Energy Company
__________________________________________
(Exact name of registrant as specified in its charter)

     
Michigan 001-05611 38-0442310
_____________________
(State or other jurisdiction
_____________
(Commission
______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
One Energy Plaza, Jackson, Michigan   49201
_________________________________
(Address of principal executive offices)
  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   517-788-0550

n/a
______________________________________________
Former name or former address, if changed since last report

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Item 8.01 Other Events.

On December 22, 2005, the Michigan Public Service Commission (the "MPSC") issued three orders in connection with rate-related matters affecting Consumers Energy Company ("Consumers") pending before the MPSC. These orders and the MPSC’s press release are available on the MPSC website at www.michigan.gov/mpsc.

In a case relating to Consumers’ request to increase base electric rates, the MPSC authorized an annual increase of $86 million, with an 11.15 % return on equity. The administrative law judge had recommended an increase of $112 million, with an 11.25% return on equity. Consumers is directed to file redesigned rates consistent with the rate order by January 10, 2006 after which the MPSC will issue future orders implementing the new rates. Additional elements of the rate order include:

· requiring Consumers to file a letter agreeing to additional expenditures for tree trimming and fossil and nuclear operating and maintenance expenses, as well as establishing a track ing mechanism for certain expenditures;

· a determination that as a result of this order, generation-related costs have been allocated to full service customers, and that such costs therefore cease to be stranded;

· approving a transition tariff for large customers taking service under MPSC approved contracts;

· a provision for contribution of $27 million to the Low Income and Energy Efficiency Fund; and

· ordering the filing of a new rate case no later than July 1st 2008.

In a case relating to Consumers’ request for recovery of regulatory assets under Section 10(d)(4) of the Customer Choice and Electricity Reliability Act of 2000, the MPSC permitted Consumers to recover $333,395,000 through surcharges under a 5-year phase-in plan. The phase-in plan permits recovery of 10% of the total costs in the first year, 15% in the second year, and 25% in the third through fifth years of surcharges.

In a third case, the MPSC issued a temporary or der concerning Consumers’ power supply cost recovery ("PSCR") factors for 2006. The MPSC adopted a recommendation of the MPSC Staff to reduce Consumers’ requested PSCR factors for the year 2006 from the requested level to lower quarterly levels. A reduction in the PSCR factor has a negative effect on cash flow. The order establishing these lower factors will remain in place until the MPSC issues a final order in this proceeding. In addition, recovery of PSCR costs is subject to an annual reconciliation process under which the actual costs incurred by Consumers are reconciled with the factors, and any over recovery or under recovery is corrected.





This Form 8-K contains “forward-looking statements” as defined in Rule 3b-6 of the Securities Exchange Act of 1934, as amended, Rule 175 of the Securities Act of 1933, as amended, and relevant legal decisions. The forward-looking statements are subject to risks and uncertainties. They should be read in conjunction with “FORWARD-LOOKING STATEMENTS AND RISK FACTORS” found in the MANAGEMENT’S DISCUSSION AND ANALYSIS sections of CMS Energy Corporation’s and Consumers’ Forms 10-Q for the Quarter Ended September 30, 2005 (both incorporated herein by reference), that discuss important factors that could cause CMS Energy Corporation’s and Consumers’ results to differ materially from those anticipated in such statements.


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

         
    CMS Energy Corporation
          
December 23, 2005   By:   S. Kinnie Smith, Jr.
       
        Name: S. Kinnie Smith, Jr.
        Title: Vice Chairman of the Board and General Counsel
         
    Consumers Energy Company
          
December 23, 2005   By:   S. Kinnie Smith, Jr.
       
        Name: S. Kinnie Smith, Jr.
        Title: Vice Chairman of the Board
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