-----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, Cb7IrOixHGpkumnRD/ayF5KRNtrmDTYRQZKU/PdYTrIfdW29sKs4FoEjV3iQ0Y3J vve7XFvRJaWEeGBgeYD/Dw== 0001246360-07-001225.txt : 20070326 0001246360-07-001225.hdr.sgml : 20070326 20070326124653 ACCESSION NUMBER: 0001246360-07-001225 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050101 FILED AS OF DATE: 20070326 DATE AS OF CHANGE: 20070326 ISSUER: 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 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: HOLTON EARL D CENTRAL INDEX KEY: 0001022621 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-09513 FILM NUMBER: 07717246 BUSINESS ADDRESS: BUSINESS PHONE: 5177881031 MAIL ADDRESS: STREET 1: ONE ENERGY PLAZA CITY: JACKSON STATE: MI ZIP: 49201 4 1 form.xml PRIMARY DOCUMENT X0202 4 2005-01-01 true 0000811156 CMS ENERGY CORP CMS 0001022621 HOLTON EARL D ONE ENERGY PLAZA JACKSON MI 49201 true false false false Common Stock 16450 D Common Stock 1445 I By Donnalee Holton Trust PSU-Director Deferred Comp 2005-01-01 2005-01-01 4 J false 415 13.04 A Common Stock 415 17488 I Phantom Stock Units held in the Directors' Deferred Compensation Plan These units are considered phantom stock held pursuant to the Directors' Deferred Compensation Plan of CMS Energy and were acquired on various dates during the first quarter of 2005 at prices ranging from $10.38 to $12.20 per share ($13.04 was the price per share at the end of the quarter). Such deferred income will be paid in cash in five annual installments commencing in the January following Mr. Holton's termination of service on the Board, based on the price of the CMS Common Stock at those times. Mr. Holton's acquisition of phantom stock units in the Directors' Deferred Compensation Plan for the first quarter of 2005 was inadvertently reported on a Form 5 instead of a Form 4. This form corrects that error. See footnote 1. See footnote 1. See footnote 1. Catherine M. Reynolds, Attny-in-Fact 2007-03-26 EX-24 2 edhpoa.txt POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of James E Brunner, Catherine M Reynolds or Robert C. Shrosbree, or any of them signing singly, and with full power of substitution, the undersigneds true and lawful attorney in fact to: (1) prepare, execute in the undersigned name and on the undersigned behalf, and submit to the U.S. Securities and Exchange Commission (the SEC) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934 or any rule or regulation of the SEC; (2) execute, for and on behalf of the undersigned, in the undersigneds capacity as a director of CMS Energy Corporation and/or Consumers Energy Company (collectively, the Company), Forms 3, 4, 5 and 144 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder; (3) do and perform any and all acts, for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Forms 3, 4, 5 and 144, complete and execute any amendment or amendments thereto, and timely file such form with the SEC and any stock exchange or similar authority; and (4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney in fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney in fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney in fact may approve in such attorney in facts discretion. The undersigned hereby grants to each such attorney in fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney in fact, or such attorney in facts substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys in fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigneds responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, 5 and 144 with respect to the undersigneds holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys in fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 23rd day of March, 2007. /s/ Earl D. Holton -----END PRIVACY-ENHANCED MESSAGE-----