Asset Sales, Discontinued Operations, And Impairment Charges

12 Months Ended

Dec. 31, 2012

Asset Sales, Discontinued Operations, And Impairment Charges

20:ASSET SALES, DISCONTINUED OPERATIONS, AND IMPAIRMENT CHARGES

Asset Sales

The impacts of asset sales are included in gain on asset sales, net and income (loss) from discontinued operations on CMS Energy’s consolidated statements of income.  CMS Energy had no significant asset sales during the year ended December 31, 2012.  Consumers had no significant asset sales during the years ended December 31, 2012, 2011, or 2010.

In 2010, CMS Enterprises exercised its option to sell its stock interest in CMS Generation San Nicolas Company and transferred the sale proceeds to Michigan Energy Investments LLC, a non-affiliated company.  As a result, CMS Enterprises recognized a $3 million net gain.  In 2010, CMS Enterprises also sold a cost-method investment with a carrying value of zero, and recognized a $3 million gain.

Discontinued Operations

Discontinued operations are a component of the enterprises segment.  CMS Energy included the following amounts in income (loss) from discontinued operations:

In Millions
Years Ended December 31	2012			2011				2010
Revenues		$	-		$	-			$	10
Discontinued operations
Pretax income (loss) from discontinued operations		$	11		$	2			$	(21)
Income tax expense			4			-				2
Income (loss) from discontinued operations, net of tax expense		$	7	1	$	2	2		$	(23)	3

¹ Includes an $11 million ($7 million net of tax) reversal of a loss on disposal due to the elimination of a liability associated with the 2003 sale of Panhandle.

² Includes an operating gain of $3 million related to a litigation settlement at CMS Viron.

³ Includes an operating loss of $2 million ($1 million net of tax) at Exeter, whose assets and liabilities were reclassified as held for sale in 2009.

Also includes disposal-related losses of $10 million in additional tax expense resulting from an IRS audit adjustment related to a 2003 asset sale, a $6 million ($4 million net of tax) loss for the write down of CMS Energy’s investment in Exeter, a $5 million ($3 million net of tax) loss for the increase in a liability for a 2007 asset sale, and a $5 million ($3 million net of tax) loss on the settlement of a 2002 asset sale indemnity.

Discontinued operations include a provision for closing costs and a portion of CMS Energy’s parent company interest expense.  CMS Energy allocated no interest expense in 2012 and allocated less than $1 million of interest expense in each of 2011 and 2010.  CMS Energy allocates its interest expense by applying its total interest expense to the net carrying amount of the asset sold divided by CMS Energy’s total capitalization.

CMS Energy sold its interest in Exeter in January 2011.  Major classes of assets and liabilities of Exeter classified as held for sale on CMS Energy’s consolidated balance sheet at December 31, 2010 were insignificant.

Impairment Charges

In 2010, CMS Energy wrote down its investment in Exeter from its carrying amount of $11 million to Exeter’s fair value of $5 million.  This valuation was based on the price that CMS Energy received for the sale of Exeter, which closed in January 2011.  The impairment resulted in a loss of $6 million, which was recorded in earnings as part of discontinued operations for the year ended December 31, 2010.

In May 2010, Consumers announced plans to defer the development of its proposed 830-MW coal-fueled plant at its Karn/Weadock generating complex.  At that time, Consumers recorded a charge of $3 million to write off certain capitalized development costs because the costs were deemed not to have long-term value in connection with the potential future construction of the plant.  The project’s air permit, issued by the MDEQ in December 2009, was set to expire in August 2011 if construction of the coal plant had not commenced or if Consumers had not been granted an extension of the air permit.  In December 2010, Consumers determined that it would not begin construction before August 2011 as a means of preserving the air permit.  As a result, the likelihood that the plant would be constructed had diminished significantly.  In December 2010, in accordance with accounting standards governing impairment of plant costs for regulated utilities, Consumers recorded an additional charge of $19 million to write off the remaining previously capitalized development costs associated with the proposed plant.  The total charge of $22 million was recorded in other operating expenses for the year ended December 31, 2010.  In December 2011, Consumers announced the cancellation of the proposed plant.

CMS Energy and Consumers recorded no other impairments of long-lived assets for the years ended December 31, 2012, 2011, and 2010.

Consumers Energy Company [Member]

Asset Sales, Discontinued Operations, And Impairment Charges

20:ASSET SALES, DISCONTINUED OPERATIONS, AND IMPAIRMENT CHARGES

Asset Sales

The impacts of asset sales are included in gain on asset sales, net and income (loss) from discontinued operations on CMS Energy’s consolidated statements of income.  CMS Energy had no significant asset sales during the year ended December 31, 2012.  Consumers had no significant asset sales during the years ended December 31, 2012, 2011, or 2010.

In 2010, CMS Enterprises exercised its option to sell its stock interest in CMS Generation San Nicolas Company and transferred the sale proceeds to Michigan Energy Investments LLC, a non-affiliated company.  As a result, CMS Enterprises recognized a $3 million net gain.  In 2010, CMS Enterprises also sold a cost-method investment with a carrying value of zero, and recognized a $3 million gain.

Discontinued Operations

Discontinued operations are a component of the enterprises segment.  CMS Energy included the following amounts in income (loss) from discontinued operations:

In Millions
Years Ended December 31	2012			2011				2010
Revenues		$	-		$	-			$	10
Discontinued operations
Pretax income (loss) from discontinued operations		$	11		$	2			$	(21)
Income tax expense			4			-				2
Income (loss) from discontinued operations, net of tax expense		$	7	1	$	2	2		$	(23)	3

¹ Includes an $11 million ($7 million net of tax) reversal of a loss on disposal due to the elimination of a liability associated with the 2003 sale of Panhandle.

² Includes an operating gain of $3 million related to a litigation settlement at CMS Viron.

³ Includes an operating loss of $2 million ($1 million net of tax) at Exeter, whose assets and liabilities were reclassified as held for sale in 2009.

Also includes disposal-related losses of $10 million in additional tax expense resulting from an IRS audit adjustment related to a 2003 asset sale, a $6 million ($4 million net of tax) loss for the write down of CMS Energy’s investment in Exeter, a $5 million ($3 million net of tax) loss for the increase in a liability for a 2007 asset sale, and a $5 million ($3 million net of tax) loss on the settlement of a 2002 asset sale indemnity.

Discontinued operations include a provision for closing costs and a portion of CMS Energy’s parent company interest expense.  CMS Energy allocated no interest expense in 2012 and allocated less than $1 million of interest expense in each of 2011 and 2010.  CMS Energy allocates its interest expense by applying its total interest expense to the net carrying amount of the asset sold divided by CMS Energy’s total capitalization.

CMS Energy sold its interest in Exeter in January 2011.  Major classes of assets and liabilities of Exeter classified as held for sale on CMS Energy’s consolidated balance sheet at December 31, 2010 were insignificant.

Impairment Charges

In 2010, CMS Energy wrote down its investment in Exeter from its carrying amount of $11 million to Exeter’s fair value of $5 million.  This valuation was based on the price that CMS Energy received for the sale of Exeter, which closed in January 2011.  The impairment resulted in a loss of $6 million, which was recorded in earnings as part of discontinued operations for the year ended December 31, 2010.

In May 2010, Consumers announced plans to defer the development of its proposed 830-MW coal-fueled plant at its Karn/Weadock generating complex.  At that time, Consumers recorded a charge of $3 million to write off certain capitalized development costs because the costs were deemed not to have long-term value in connection with the potential future construction of the plant.  The project’s air permit, issued by the MDEQ in December 2009, was set to expire in August 2011 if construction of the coal plant had not commenced or if Consumers had not been granted an extension of the air permit.  In December 2010, Consumers determined that it would not begin construction before August 2011 as a means of preserving the air permit.  As a result, the likelihood that the plant would be constructed had diminished significantly.  In December 2010, in accordance with accounting standards governing impairment of plant costs for regulated utilities, Consumers recorded an additional charge of $19 million to write off the remaining previously capitalized development costs associated with the proposed plant.  The total charge of $22 million was recorded in other operating expenses for the year ended December 31, 2010.  In December 2011, Consumers announced the cancellation of the proposed plant.

CMS Energy and Consumers recorded no other impairments of long-lived assets for the years ended December 31, 2012, 2011, and 2010.