-----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, MX7Pb2CUomi9eR5k5m/kEtD4DZ9DgwHjwmmzlN57ybx1DvXcEq4PWfI0KOzjdAGj arlyCbH5lrWCQ9AMG8ql6w== 0000950124-03-003270.txt : 20031017 0000950124-03-003270.hdr.sgml : 20031017 20031017165806 ACCESSION NUMBER: 0000950124-03-003270 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20031017 ITEM INFORMATION: Other events FILED AS OF DATE: 20031017 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: 03946591 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 8-K 1 k80173e8vk.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) OCTOBER 17, 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 ITEM 5. OTHER EVENTS SALE OF SOUTHERN UNION COMPANY STOCK On October 17, 2003, CMS Gas Transmission Company, an indirect subsidiary of CMS Energy Corporation, ("CMS Gas Transmission"), sold 3.15 million shares of Southern Union Company common stock (the "stock") to a private investor. CMS Gas Transmission acquired 3 million shares of the stock through the sale of Panhandle Eastern Pipe Line Company ("Panhandle") to Southern Union Panhandle Corp. in June 2003, and an additional 150,000 shares through a subsequent Southern Union Company stock dividend. The Panhandle sale agreement allowed CMS Gas Transmission to sell the stock anytime after 90 days subsequent to closing. CMS Gas Transmission sold the stock for $17.77 per share, totaling $55,975,500. Proceeds from the sale will be used to reduce debt. This Form 8-K contains "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 "CMS ENERGY FORWARD-LOOKING STATEMENTS, CAUTIONARY FACTORS AND UNCERTAINTIES" found in Item 1 of CMS Energy's Form 10-K/A for the Fiscal Year Ended December 31, 2002 filed with the Securities and Exchange Commission on July 1, 2003 (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 Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. CMS ENERGY CORPORATION Dated: October 17, 2003 By: /s/ Thomas J. Webb -------------------------------- Thomas J. Webb Executive Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----