-----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, DqKLFgCvlz+4JVxgYT3y0hDu8V5hLqkKVVOyrMODNghKx3sIHKuov4aTYCMXzFWz qcw3fHeXeC+9WUKuXqgugQ== 0000811156-97-000069.txt : 19970310 0000811156-97-000069.hdr.sgml : 19970310 ACCESSION NUMBER: 0000811156-97-000069 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19970307 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 19970307 SROS: NYSE 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: 97552730 BUSINESS ADDRESS: STREET 1: FAIRLANE PLZ SOUTH STE 1100 STREET 2: 330 TOWN CENTER DR CITY: DEARBORN STATE: MI ZIP: 48126 BUSINESS PHONE: 313-436-9200 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 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: 97552731 BUSINESS ADDRESS: STREET 1: 212 W MICHIGAN AVE CITY: JACKSON STATE: MI ZIP: 49201 BUSINESS PHONE: 517-788-0550 8-K 1 CMS ENERGY/CONSUMERS ENERGY 8-K DATED 3/7/97 ========================================================================== 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): March 7, 1997 Registrant; State of; Commission Incorporation; Address; and IRS Employer File Number 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 On March 7, 1997, Consumers Power Company d/b/a/ Consumers Energy Company (Consumers), the principal subsidiary of CMS Energy Corporation, filed its response to a request for information from the Michigan Public Service Commission related to the implementation of an electric utility restructuring plan in Michigan. A copy of the press release describing Consumers' response is included as an exhibit to this Current Report on Form 8-K and is incorporated herein by reference. ITEM 7. Financial Statements and Exhibits (99) Press Release of Consumers, dated March 7, 1997 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: March 7, 1997 By: /s/ Alan M. Wright -------------------------- Alan M. Wright Senior Vice President, Chief Financial Officer and Treasurer CONSUMERS POWER COMPANY Dated: March 7, 1997 By: /s/ Alan M. Wright -------------------------- Alan M. Wright Senior Vice President, and Chief Financial Officer EX-99 2 3/7/97 PRESS RELEASE OF CONSUMERS ENERGY Exhibit 99 Consumers Energy news ________________________________________________________________________ A CMS Energy Company 212 West Michigan Avenue Tel: 517 788 0333 Jackson, MI 49201-2277 Fax: 517 788 2397 JACKSON, Mich., March 7,1997 -- Consumers Energy, the principal subsidiary of CMS Energy Corporation (NYSE:CMS), today filed its response to questions from the Michigan Public Service Commission (MPSC) related to the implementation of an electric utility restructuring plan in Michigan. The utility's response includes a detailed program for initial implementation of the plan on a voluntary basis. Using the definition of transition costs adopted by the MPSC Staff in its December 1996 report, Consumers Energy estimates its transition costs to be $1.761 billion and its implementation costs to be $200 million, for a total of $1.961 billion. Transition and implementation costs would be charged only to those customers electing to purchase electricity from suppliers other than Consumers during the 1997-2007 time period in the form of a delivery surcharge. Transition costs include regulatory asset costs of $70.3 million; nuclear facility costs of $220.1 million; decommissioning costs of $16.2 million for the Ludington Pumped Storage Plant and conventional hydros; and contract capacity charges of $1,459.5 million. An offset for Rate DA charges reduces the total by $4.9 million. The transition costs represent costs that, "pursuant to the current regulated industry structure, have already been subjected to regulatory scrutiny, and have been found to be properly recoverable from customers," the filing stated. Implementation costs include employee-related restructuring costs of $50 million and other implementation costs of $150 million. They represent costs that will have to be incurred in the future in order to move to the competitive industry structure envisioned by the MPSC Staff report. The utility noted in its response that the implementation of any meaningful restructuring plan will require the expenditure of significant sums for new billing systems, new metering equipment, the establishment of an independent system operator and other similar items. "The technology needed to gather and communicate the information necessary to allow large- scale retail direct access includes the installation of communication equipment on customer meters, infrastructure investment needed to transmit the customer information gathered at the meter, and computer hardware and software investment necessary to process the information for use in preparing bills." A completely new billing system will also be needed to accommodate unbundled pricing. The utility estimates that the levelized transition charge for the recovery of costs associated with regulatory assets, nuclear facilities, hydro decommissioning and purchased power agreements would be 1.31 cents per kilowatt hour (kWh). The levelized implementation charge for recovery of employee-related restructuring costs and other implementation costs would be 0.14 cents per kWh, bringing the total charge to a customer electing retail direct access service to 1.45 cents per kWh. Customers who remain a part of the Consumers Energy system would continue to pay current MPSC-approved bundled rates and, therefore, would not be required to pay transition and implementation charges. Because the amounts are based on a number of assumptions, including sales levels, Consumers Energy believes it would be appropriate to "true- up" the collection of transition and implementation charges in 2001 and 2004 to reflect actual sales of electricity. The utility also includes a securitization proposal in its filing. This would involve the issuance of approximately $4 billion of rate reduction bonds providing a decrease in customer rates in excess of $200 million per year if appropriate legislation were passed. Today's filing includes a plan to allocate direct access capacity to customers beginning this year and continuing through 2004 when all customers would be free to choose their supplier. The utility proposes that, in 1997, residential, secondary and primary customer classes be allocated 49,000 kilowatts (kW), 32,000 kW and 69,000 kW of direct access capacity respectively. "Customers with maximum demands less than 1,000 kW and those customers who are metered with energy-only recording meters, must obtain their power supply for retail direct access through an aggregator," the proposal stated. "Upon completing its analysis of the information it has solicited, Consumers Energy believes the Commission should (i) issue an order endorsing the restructuring plan set forth in the Staff Report, as that plan has been further developed in this response, (ii) include in that order a recommendation to the Legislature that it enact legislation which is consistent with that plan, and (iii) accept the Company's offer of voluntary implementation. "Because of the importance of gaining legislative authorization of the restructuring plan, the Company's willingness to voluntarily implement this plan would cease as of December 31, 1997, unless utility restructuring legislation has been enacted by that date." 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. # # # March 7, 1997 -----END PRIVACY-ENHANCED MESSAGE-----